Johnson’s Wounded Knee legislation moves out of committee with unanimous approval

Less than a month after being introduced in the U.S. House, South Dakota Representative Dusty Johnson's legislation to protect the land around the Wounded Knee Massacre site has passed out of the House Natural Resources Committee with unanimous approval.

"Getting unanimous passage out of committee shows that the tribes and our office have worked together to do our homework to lay the groundwork, and that people understand the need for this legislation," Johnson told the Journal Tuesday. "I think that means that the likelihood of us getting some time on the floor for a House vote is high, and we're going to keep working until we get this thing across the finish line."

On December 29, 1890, the U.S. Army 7th Cavalry surrounded a group of Lakota as they camped near Wounded Knee Creek on the modern day Pine Ridge Reservation. The Cavalry demanded the Lakota surrender their weapons. A struggle ensued, and a shot was fired; it's unclear from which side. The 7th Cavalry opened fire, massacring around 350 Lakota — mostly women and children.

The Wounded Knee Massacre Memorial and Sacred Site Act (H.R. 3371) provides greater tribal sovereignty to the Oglala and Cheyenne River Sioux Tribes, allowing them to own the land outright and still keep it protected from taxation. H.R. 3371 gives the Department of the Interior one year to take all action necessary to move the land into this restricted fee status. The two tribes signed a covenant in October 2022, agreeing to hold the 40 acres as a memorial and prohibiting commercial development. OST and CRST purchased the land, which had been previously privately owned, in September 2022.

Moving the land into a restricted fee status prevents other governments from interfering in the tribal management of those lands. The land would remain held by the two tribes and couldn't be sold without the consent of Congress and both tribes.

Committee Chairman Bruce Westerman (R-AR) called the legislation "an important step" in honoring the memory and ensuring future generations do not forget. He said commemorating lives lost was a "somber yet important duty." Indian Affairs Assistant Secretary Brian Newland said their department supports H.R. 3371, as it aligns with the administration's commitment to restore tribal homelands.

Johnson has been working with the tribes for the past six months, hammering out the details of the legislation and "working...to right the wrongs of history."

Johnson said he's been able to educate his colleagues on the importance of Wounded Knee, something he believes South Dakotans are more familiar with than those raised elsewhere.

"Members of Congress on both sides of the aisle really understand how important it is to get this right. This is the greatest country in the history of the world. We've made some mistakes, and part of our journey of getting to a quote 'more perfect union' is that we acknowledge those mistakes and we try to do right by it," he said. "They understand why we would want to protect this hallowed ground, much in the same way that Arlington National Cemetery and other sacred places are protected. You're gonna see the overwhelming number of my colleagues on both sides of the aisle be strongly supportive."

Oglala Sioux Tribe President Frank Star Comes Out and Cheyenne River Sioux Tribe Chairman Ryman LeBeau were in Washington alongside Johnson and remarked before the House Natural Resources Indian and Insular Affairs Subcommittee on June 7. Star Comes Out, a descendant of massacre victim Chief Big Foot, reiterated the need for respecting treaty rights of the Oceti Sakowin, or Seven Council Fires.

"In the Treaty of 1868, the United States promised that our land would be 'set apart for the absolute and undisturbed use and occupation' of our Oceti Sakowin as a 'permanent home.' The United States also promised in the treaty that war shall 'forever cease,'" he said. "The United States broke the treaty by invading our treaty lands and waging war against our people. In 1877, the United States stole the Black Hills and other lands from our people. Then, in 1889, the United States divided the Oceti Sakowin into separate tribes at separate reservations. Despite this, the tribes of the Oceti Sakowin continue to unite on matters of national concern. Our recovery of land at Wounded Knee is the latest example of our efforts to protect our rights and sacred lands."

Star Comes Out acknowledged the U.S. government's recognition of the tragedy and historical significance of the massacre in 1990, calling it an important step in the healing process and saying H.R. 3371 is another important step in that process. He thanked Rep. Johnson for introducing the bill — an "important step forward in our nation-to-nation relationship."

Johnson thanked former Cheyenne River Sioux Tribe Chairman Harold Frazier and former Oglala Sioux Tribe President Kevin Killer for their work in solidifying the tribal covenant and helping shepherd the legislation.

The legislation will now move to the House floor.