Constitution Index · H.R. 165 · 2025-01-03

Wounded Knee Massacre Memorial and Sacred Site Act

Latest official status (2025-12-19): Became Public Law No: 119-61.

Official source ↗

Constitutional grade

A

Constitutional

This bill is constitutional. It is a narrow exercise of Congress's recognized authority over Indian affairs, it burdens no constitutional rights, and it does not take private property without due process or just compensation. It simply directs the Department of the Interior to complete the process of placing land into restricted fee status for two tribes to hold as a memorial and sacred site.

Article I, Section 8, Clause 3

SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com

The five checks

Enumerated powers · passes

Congress has explicit constitutional authority over Indian affairs under Article I, Section 8, Clause 3, the Indian Commerce Clause. Placing tribal land into restricted fee status and regulating its use is a traditional exercise of Congress's plenary authority over tribes and Indian lands. The federal trust relationship supports this action.

Bill of Rights · passes

The bill does not infringe the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, or Tenth Amendments. It neither establishes nor prohibits religion; it preserves a sacred site at the request of tribal governments. No speech, assembly, press, petition, bearing of arms, search-and-seizure, trial, or punishment right is implicated.

Individual liberty · passes

The bill restricts commercial development and gaming on the 40-acre parcel, but this is a voluntary land-management condition attached to restricted fee status and is consistent with the tribes' own covenant. It does not restrict individuals in their speech, belief, labor, or ordinary use of their property without a legitimate governmental justification; rather, it honors a memorial and sacred site.

Decentralization · passes

Federal involvement is constitutionally required here because tribal land status and restrictions are matters of federal Indian law. The state of South Dakota does not have authority to create restricted fee status for tribal lands, and the local county has no such role either. The action does not consolidate decision-making upward unnecessarily; it performs a uniquely federal function. The tribes themselves requested the designation.

Due process and takings · passes

The bill does not seize or condemn land and does not deprive anyone of property without due process. It directs the Department of the Interior to complete the transfer of land into restricted fee status for the tribes. Any restrictions on alienation or encumbrance are part of that protective status, not an uncompensated taking, and no private owner is deprived without consent.

Provenance

Grade ID
388
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-09 09:20 UTC
Engine
backup SI engine
Source fetched
2026-10-08 09:43 UTC
Source SHA-256
d34d46e2f5cc282e354137d04ef8350901243253bd23f216c763ebeaa2634e53
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #388 2026-10-09 vfa-constitutional-grade/1.0 d34d46e2f5cc current

Cite this

Values for America. “Constitutional grade: H.R. 165, Wounded Knee Massacre Memorial and Sacred Site Act.” VFA Constitution Index, grade 388 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/388. Accessed 2026-10-19.

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