Washington Orders New Protections for Wounded Knee Site as Law Directs Rapid Interior Action

Signed into law: a direct order to protect Wounded Knee

On December 19, 2025, the president signed H.R. 165 into law, directing the Department of the Interior to take immediate steps to put the Wounded Knee historic site under a legal status called “restricted fee.” The bill’s text instructs the Interior secretary to begin administrative actions that aim to limit development and preserve the site’s cultural integrity. The move was presented by the White House as a fast, concrete response to long-standing calls from Lakota leaders and others to safeguard the place where hundreds of Lakota people were killed in 1890.

How the law changes the site’s legal standing and what the Interior must do next

Restricted fee is a specific kind of land status used in federal Indian law and land management. It generally means the land remains privately held or under tribal ownership, but federal rules restrict sales, development, or fragmentation without permission. The goal is to prevent actions that would damage the site or limit access for ceremonies and remembrance.

H.R. 165 tells the Interior secretary to take certain administrative steps to implement that status for the Wounded Knee site. While the law does not rewrite daily management details, it sets out clear duties: identify the parcels involved, certify the area’s boundaries, and record the restricted-fee designation in federal records. The department is expected to work with tribal representatives on surveys, documentation, and any required paperwork.

The statute also includes timing language that pushes for quick action. Interior is ordered to begin the process promptly and to report on progress internally. The precise calendar for every task will be set by Interior’s implementing instructions, but the law makes clear Congress wants movement without long delay.

Wounded Knee’s place in memory and why this matters now

Wounded Knee is one of the most painful sites in modern American history. In December 1890, a U.S. Army detachment killed a large number of Lakota people near the hamlet of Wounded Knee Creek. For many Lakota, the site is a place of mourning and a symbol of the violent removal of Indigenous rights and life that accompanied U.S. expansion.

Over the decades the area has been the subject of memorials, scholarship, and debate about how to remember the dead and protect the landscape. Tribal governments and cultural groups have worked to mark graves, erect memorials, and keep the site available for ceremonies. At the same time, questions have persisted about ownership, public access, and the risk that private development or neglect could harm the ground and the stories tied to it.

Tribal nations and local voices respond

Tribal leaders and activists have long called for stronger legal protections at Wounded Knee. In the days around the signing, leaders described the law as recognition of the site’s cultural importance and a practical step toward keeping it intact for future generations. State and local officials also expressed support, noting the need to protect historic places and to respect tribal stewardship.

Not every stakeholder will have the same view, and some locals have raised questions in the past about access, land use, and how protections would be enforced. But the new law explicitly responds to requests from tribal representatives for a formal federal mechanism to prevent damaging changes to the site.

What comes next: timelines, money, and possible bumps on the road

The law sets a clear direction, but the heavy lifting will fall to the Interior Department. Practically, the agency will need to map and certify the affected parcels, complete any tribal consultations required by policy, and file the legal paperwork that creates restricted-fee status. That process could take months; some steps will move faster if tribes and local officials cooperate and if Interior allocates staff quickly.

One open question is funding. H.R. 165 orders action but does not appear to include a large new appropriation attached directly to implementation. Interior may reassign existing staff and money or seek funding in future budget cycles to cover surveys, signage, and long-term site care. Those budget negotiations could slow parts of the plan.

Legal or political challenges are possible but not certain. Private landowners who believe the change affects their rights could press disputes, and there may be political debate at the state level about federal involvement. For now, the law creates a strong federal mandate that gives tribes new leverage to shape how Wounded Knee is preserved and used.

In the near term, watch for an Interior announcement that details the boundary determinations, a timetable for recording the restricted-fee designation, and any federal-tribal working group formed to manage the site. If the department moves quickly, the changes could be in place within a year; if funding or disputes arise, it may take longer. Regardless, the law marks a shift: Washington has now put the federal government on record as a partner in protecting a place central to Lakota history and public memory.

Sources

• whitehouse.gov