Read theMandate

Wounded Knee Massacre Memorial and Sacred Site Act › Section 3

Land Held in Restricted Fee Status by the Tribes

Section 3 · Sec. 3 ·

What this chapter is about

This part tells the head of the land agency what to do. That work must be done within one year. Then the tribes hold the land in a special way. The part also sets rules for how the land may be used.

6 proposals indexed from this chapter.

The document says “shallWho acts: Secretary of the InteriorHow: statuteSec. 3 in the PDF
What the document says

“Not later than 365 days after enactment of this Act, the Secretary shall-- (1) complete all actions, including documentation and minor corrections to the survey and legal description of Tribal land, necessary for the Tribal land to be held by the Tribes in restricted fee status;”

To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes, Sec. 3

Subsection (a)(1), the operative duty of the Act. Within 365 days of enactment the Secretary of the Interior is to complete every action needed for the land to be held by the Tribes in restricted fee status, documentation and minor corrections to the survey and legal description among them. The subsection does not list the actions. Restricted fee status is the term defined in section 2.

What the document actually says

“Not later than 365 days after enactment of this Act, the Secretary shall-- (1) complete all actions, including documentation and minor corrections to the survey and legal description of Tribal land, necessary for the Tribal land to be held by the Tribes in restricted fee status;”

To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes, Sec. 3
That sentence, in plain words

The head of the land agency has one year. In that time all steps must be done. Then the tribes hold the land in the new way. Papers and small fixes to the survey are part of the work.

What this is about

The clock starts on the day the law was signed. The steps are the paper work that moves the land. The law does not list each step.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: Secretary of the InteriorHow: statuteSec. 3 in the PDF
What the document says

“appropriately assign each applicable private and municipal utility and service right or agreement with regard to the Tribal land.”

To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes, Sec. 3

Subsection (a)(2), the second duty and inside the same 365 day deadline. Each applicable private or municipal utility and service right or agreement bearing on the Tribal land is to be assigned. The subsection does not identify the rights or agreements or name the parties to them.

What the document actually says

“appropriately assign each applicable private and municipal utility and service right or agreement with regard to the Tribal land.”

To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes, Sec. 3
That sentence, in plain words

Rights and deals for water, power, and like service must be handed over as fits.

What this is about

Some of these deals are with private firms. Some are with a town. Both kinds are covered here.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: CongressHow: statuteSec. 3 in the PDF
What the document says

“Except as otherwise provided in this Act, the Tribal land shall be subject to Federal laws relating to Indian country, as defined by section 1151 of title 18, United States Code and protected by the restriction against alienation in section 177 of title 25, United States Code.”

To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes, Sec. 3

Subsection (b)(1). It places the Tribal land under Federal laws relating to Indian country, citing section 1151 of title 18 and section 177 of title 25 of the United States Code. Both are cited, not reproduced, and neither is indexed on this site. The subsection opens with an exception for anything this Act provides otherwise, which reaches the definition in section 2.

What the document actually says

“Except as otherwise provided in this Act, the Tribal land shall be subject to Federal laws relating to Indian country, as defined by section 1151 of title 18, United States Code and protected by the restriction against alienation in section 177 of title 25, United States Code.”

To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes, Sec. 3
That sentence, in plain words

The land falls under the rules for Indian country. Two parts of the code are named.

What this is about

The named parts are section 1151 of title 18 and section 177 of title 25. Those are not set out here. This law can say otherwise, and where it does, it wins.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: the Oglala Sioux Tribe, the Cheyenne River Sioux TribeHow: statuteSec. 3 in the PDF
What the document says

“The Tribal land shall be used for the purposes allowed by the document titled ``Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe'' and dated October 21, 2022.”

To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes, Sec. 3

Subsection (b)(2). Use of the land is tied to the purposes allowed by the covenant between the two Tribes dated October 21, 2022. The Act names the covenant and does not set out what it permits, so the permitted purposes are not recorded here.

What the document actually says

“The Tribal land shall be used for the purposes allowed by the document titled ``Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe'' and dated October 21, 2022.”

To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes, Sec. 3
That sentence, in plain words

The land must be used for the things the pact allows.

What this is about

The pact is the deal the two tribes signed on October 21, 2022. This law does not print what it says.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: CongressHow: statuteSec. 3 in the PDF
What the document says

“The Tribal land shall remain subject to any private or municipal encumbrance”

To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes, Sec. 3

Subsection (b)(3). The land stays subject to any private or municipal encumbrance, right of way, restriction, easement of record or utility service agreement that was in effect on the date of enactment. The subsection names no particular holder and extinguishes nothing.

What the document actually says

“The Tribal land shall remain subject to any private or municipal encumbrance”

To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes, Sec. 3
That sentence, in plain words

Claims a private party or a town holds on the land stay in place.

What this is about

The law names paths of way, limits on use, rights of record, and deals for service. Only ones in force on the day the law was signed stay.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shall notWho acts: the Oglala Sioux Tribe, the Cheyenne River Sioux TribeHow: statuteSec. 3 in the PDF
What the document says

“the Tribal land shall not be used for gaming activity under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).”

To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes, Sec. 3

Subsection (b)(4). Gaming activity under the Indian Gaming Regulatory Act is barred on the Tribal land. The subsection states that it follows the covenant between the two Tribes dated October 21, 2022. The gaming statute is cited, not indexed here.

What the document actually says

“the Tribal land shall not be used for gaming activity under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).”

To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes, Sec. 3
That sentence, in plain words

The land may not be used for gaming.

What this is about

The pact the two tribes signed calls for this. The law names the act that covers tribal gaming.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

Share this page

What This Page Covers, and What It Leaves Out

Both duties in subsection (a) and all four conditions in subsection (b), each recorded separately.

Nothing in the section is left out. The section imposes no reporting duty and appropriates no money, so there is nothing of that kind to record.

Subsection (b)(1) and (b)(4) point at other statutes: sections 1151 and 177 of titles 18 and 25 of the United States Code, and the Indian Gaming Regulatory Act. Those are cited, not indexed here, so what they say is not recorded. Subsections (b)(2) and (b)(4) also turn on a covenant between the two Tribes dated October 21, 2022, which the law names but does not reproduce.