Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2022
This bill provides for the settlement of claims by the Prairie Band Potawatomi Nation relating to the Shab-eh-nay Band Reservation in northern Illinois. The reservation consists of 1,280 acres and, due to a sale in 1849, is currently occupied by the tribe and nontribe entities, including the State of Illinois, the Dekalb County government, and corporate entities.
In particular, the bill recognizes the tribe's ownership of 130 acres of land within the reservation. Further, the bill extinguishes the tribe's title to the remainder of the reservation.
Additionally, the bill requires the Department of the Interior to pay the tribe a specified amount as partial settlement of the tribe's claims for the tribe to promote economic development and land acquisition. The bill also outlines a process for subsequent payments to the tribe.
The tribe may use these settlement funds to acquire up to 1,151 acres of land within or near the reservation.
The bill authorizes the tribe to enter into agreements with the State of Illinois and local governments. It requires land that is located within the boundaries of the reservation and owned by state and local governments to be managed to protect any human or cultural remains.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8380 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8380
To provide for the settlement of claims relating to the Shab-eh-nay
Band Reservation in Illinois, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2022
Mr. Garcia of Illinois (for himself, Ms. Underwood, Mr. Danny K. Davis
of Illinois, and Mr. LaTurner) introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for the settlement of claims relating to the Shab-eh-nay
Band Reservation in Illinois, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prairie Band Potawatomi Nation Shab-
eh-nay Band Reservation Settlement Act of 2022''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) pursuant to the Treaty of July 29, 1829, made and
concluded at Prairie du Chien (7 Stat. 320) (commonly known as
the ``Second Treaty of Prairie du Chien''), the Potawatomi and
other affected Indian Tribes ceded certain land in northern
Illinois, except for 2 parcels totaling 1,280 acres for
Potawatomi Chief Shab-eh-nay and his Band at their village near
Paw Paw Grove, Illinois;
(2)(A) pursuant to the Treaty of September 26, 1833, made
at Chicago (7 Stat. 431) (commonly known as the ``Treaty of
Chicago''), the Potawatomi and other Indians ceded
approximately 5,000,000 acres of land, including the Shab-eh-
nay Band Reservation; but
(B) the Senate rejected the provision that ceded that
reservation, with the effect of affirming the Indian-held title
and boundaries of the Shab-eh-nay Band Reservation;
(3)(A) in 1849, while Chief Shab-eh-nay was visiting his
relatives in Kansas, the Commissioner of the General Land
Office of the United States sold the Shab-eh-nay Band
Reservation at public auction to non-Indians who erroneously
believed that they had acquired good title to the land on which
the Shab-eh-nay Band Reservation is located; and
(B) the Shab-eh-nay Band Reservation is illegally occupied
as of the date of enactment of this Act;
(4) the Associate Solicitor of the Department of the
Interior issued an opinion on July 24, 2000, that concluded
that--
(A) ``the Shab-eh-nay Band Reservation continues to
exist'';
(B) there is no evidence that Chief Shab-eh-nay
abandoned the Shab-eh-nay Band Reservation; and
(C) ``even if it were true that Shab-eh-nay's Band
had abandoned the land, the Band's treaty recognized
title to that land could not be extinguished without
Congressional action'';
(5) the Solicitor of the Department of the Interior issued
an opinion on January 18, 2001, that--
(A) confirmed the findings of the Associate
Solicitor of the Department of the Interior under
paragraph (4); and
(B) stated that--
(i) the Shab-eh-nay Band held recognized
title to the Shab-eh-nay Band Reservation;
(ii) Congress never authorized the
conveyance of the Shab-eh-nay Band Reservation;
(iii) the Tribe is the lawful successor in
interest to Chief Shab-eh-nay and his Band; and
(iv) the Department of the Interior
believes that the United States continues to
bear a trust responsibility to the Tribe for
the Shab-eh-nay Band Reservation;
(6) Congress has never acted by treaty or statute to
extinguish the recognized Indian title to the Shab-eh-nay Band
Reservation;
(7) the Tribe is the successor in interest to Chief Shab-
eh-nay and his Band and the rightful owner and occupant of the
Shab-eh-nay Band Reservation;
(8) the Federal Government, through the actions of the
General Land Office, has deprived the Tribe of the right of
exclusive use and occupancy of the Shab-eh-nay Band Reservation
without legal authorization or just compensation;
(9) certain non-Indian individuals, entities, and local
governments occupying land within the boundaries of the Shab-
eh-nay Band Reservation as of the date of enactment of this
Act, including the State and the County--
(A) acquired ownership interests to the land in
good faith; and
(B) should be able to possess clear title to the
land; and
(10) the United States has a moral and legal
responsibility--
(A) to help secure a fair and equitable settlement
of past inequities to the Tribe; and
(B) to ensure protection of the ownership interests
of non-Indian occupants of the Shab-eh-nay Band
Reservation.
(b) Purposes.--The purposes of this Act are--
(1) to acknowledge the unlawful sale by the Federal
Government of the valuable right held by the Tribe to the
exclusive use and occupancy of the Shab-eh-nay Band
Reservation;
(2) to reaffirm Federal recognition of the ownership by the
Tribe of, and jurisdiction over, land that the Tribe owns
within the Shab-eh-nay Band Reservation;
(3) to promote the economic self-sufficiency of the Tribe
and the members of the Tribe;
(4) to extinguish the Indian title to, and confirm the
ownership by the State, the County, and certain individuals and
entities of, certain land within the boundaries of the Shab-eh-
nay Band Reservation;
(5) to provide stability and security to the State and
residents of the State, the local governments and the areas
over which the local governments exercise jurisdiction, and
businesses regarding the ownership and use by the Tribe of the
Reaffirmed Reservation;
(6) to extinguish potential claims by the Tribe against the
United States, the State, the local governments, and private
individuals and entities that could be a direct consequence of
not reaching a settlement with the Tribe;
(7) to require the Secretary to preserve and protect, but
not manage, the Reaffirmed Reservation in furtherance of trust
responsibility of the Federal Government; and
(8) to authorize the Secretary--
(A) to execute the waiver and release of claims and
compensate the Tribe; and
(B) to take any other action necessary to carry out
this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Dekalb County in the
State.
(2) Local government.--The term ``local government'' means
any unit of local government exercising authority over land
located within the Reservation as of the date of enactment of
this Act.
(3) Reaffirmed reservation.--The term ``Reaffirmed
Reservation'' means--
(A) the land recognized as being under the
ownership of the Tribe under section 4(a); and
(B) any land located within the Replacement Area
that is acquired by the Tribe in restricted fee status
after the date of enactment of this Act.
(4) Replacement area.--The term ``Replacement Area'' means
the aboriginal territory of the Tribe, located near Shabbona,
Illinois, which is contained within the area bounded--
(A) on the north by Interstate 88;
(B) on the west by Interstate 39;
(C) on the south by State Route 30 and Preserve
Road; and
(D) on the east by South 4th Street and State Route
23.
(5) Reservation.--The term ``Reservation'' means the 1,280
acres of land in the State located in sec. 23, the W\1/2\ of
sec. 25, and the E\1/2\ of sec. 26 in T. 38 N., R. 3 E., Third
Principal Meridian.
(6) Restricted fee status.--The term ``restricted fee
status'', with respect to land, means that the land--
(A) is--
(i) owned in fee by the Tribe by aboriginal
title or conveyance;
(ii) held by the Tribe subject to a
restriction against alienation and taxation,
and therefore may not be sold by the Tribe
without the consent of Congress; and
(iii) expressly subject to the jurisdiction
of the Tribe; and
(B) is not subject to--
(i) taxation by any State or local
government other than the Tribe; or
(ii) any provision of law governing land
use that provides for the review or approval by
the Secretary, directly or through agreement
with another party, before the Tribe may use
the land for any purpose.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of Illinois.
(9) Tribe.--The term ``Tribe'' means the Prairie Band
Potawatomi Nation, a federally recognized Indian Tribe.
SEC. 4. REAFFIRMATION OF SHAB-EH-NAY BAND RESERVATION.
(a) Reaffirmation of Title.--Title to the 130 acres of the
Reservation owned in fee by the Tribe as of the date of enactment of
this Act is recognized as being under the ownership of the Tribe.
(b) Restricted Fee Status.--The Reaffirmed Reservation--
(1) shall be considered to be owned by the Tribe in
restricted fee status;
(2) is expressly subject to the jurisdiction of the Tribe;
and
(3) shall not be subject to--
(A) taxation by any State or local government other
than the Tribe; or
(B) any provision of law governing land use that
provides for the review or approval by the Secretary,
directly or through agreement with another party,
before the Tribe may use the land for any purpose.
SEC. 5. EXTINGUISHMENT OF INDIAN TITLE; CONFIRMATION OF LAND OWNERSHIP.
(a) Extinguishment of Indian Title.--Title held by the Tribe to the
Reservation (other than the Reaffirmed Reservation) as of the date of
enactment of this Act is extinguished.
(b) Confirmation of Land Ownership.--Each title to land and right-
of-way within the Reservation held by the State, the local governments,
or any individual or entity as of November 5, 1849, is recognized and
confirmed.
SEC. 6. WAIVER AND RELEASE OF CLAIMS.
(a) Claims Against United States, State, Local Governments, and
Other Parties.--The Tribe and the Secretary shall execute appropriate
documents providing for the relinquishment by the Tribe of all claims
against--
(1) the United States for a breach of trust responsibility
associated with any sale of any portion of the Reservation; and
(2) the State, the local governments, and any individuals
or entities occupying the Reservation for any trespass and
related damages in connection with the occupation and use of
the Reservation during the period beginning on November 5,
1849, and ending on the effective date described in subsection
(b).
(b) Effective Date.--The relinquishment of claims under subsection
(a) shall take effect on the later of--
(1) the date on which the Tribe receives payment of all of
the settlement funds under section 7; and
(2) the date on which the Secretary publishes in the
Federal Register a notice that the documents described in
subsection (a) have been executed by the Secretary and the
Tribe.
SEC. 7. SETTLEMENT FUNDS.
(a) Initial Payment.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall pay to the Tribe $10,000,000
in partial settlement of the claims of the Tribe, to be managed,
invested, and used by the Tribe to promote economic development and
land acquisition, as determined by the Tribe in accordance with the
constitution and laws of the Tribe.
(b) Subsequent Payments.--
(1) Assessment.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in
consultation with the Tribe, shall calculate an
assessment of the total damages to the Tribe associated
with the liability of the United States for the illegal
sale of the Reservation, including the current land
value of all land located within the Reservation.
(B) Report.--The Secretary shall submit to the
Committees on Appropriations and Indian Affairs of the
Senate and the Committees on Appropriations and Natural
Resources of the House of Representatives a report
describing the assessment calculated under subparagraph
(A).
(2) Final settlement agreement.--The Secretary and the
Tribe shall negotiate and execute a final settlement agreement
in lieu of litigation to resolve the claims of the Tribe, in a
form and manner acceptable to the Attorney General, which shall
include terms for the payment of the remaining settlement funds
to the Tribe, as calculated under paragraph (1)(A).
(3) Requirement.--The Secretary shall pay to the Tribe \1/
3\ of the remaining settlement funds, as described in the final
settlement agreement executed under paragraph (2), on each of--
(A) the date that is 3 years after the date of
enactment of this Act;
(B) the date that is 6 years after that date of
enactment; and
(C) the date that is 9 years after that date of
enactment.
SEC. 8. LAND ACQUISITION; TRIBAL AUTHORITY TO ENTER INTO AGREEMENTS; NO
USE OF CONDEMNATION OR EMINENT DOMAIN.
(a) Land Acquisition.--
(1) In general.--Subject to paragraph (2), after the date
of enactment of this Act, the Tribe may acquire from a willing
seller in restricted fee status not more than a total of 1,151
acres of land within the Reservation or the Replacement Area
using the settlement funds received by the Tribe under section
7 or other funds of the Tribe.
(2) Notice.--
(A) In general.--Before acquiring land under
paragraph (1), the Tribe shall give notice to the
Secretary.
(B) Deadline.--On the date that is 60 days after
receipt of the notice under subparagraph (A), the land
shall automatically--
(i) convert to ownership by the Tribe in
restricted fee status; and
(ii) be considered to be part of the
Reaffirmed Reservation.
(b) Recognition of Tribal Government Authority To Enter Into
Agreements With State and Local Governments.--The Tribe shall have the
authority to enter into agreements with the State and any local
government regarding the Reaffirmed Reservation and activities
occurring on the Reaffirmed Reservation, including agreements relating
to jurisdiction, land use, and services.
(c) No Use of Condemnation or Eminent Domain.--Land or interests in
land--
(1) may not be acquired by condemnation or eminent domain
under this Act; but
(2) shall be acquired by purchase by payment of fair market
value.
(d) Cultural and Historic Preservation of Reservation.--Land owned
by the State and the local governments located within the boundaries of
the Reservation shall be managed to protect any human or cultural
remains, consistent with applicable Federal and State law and subject
to consultation with the Tribe.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$10,000,000.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee for Indigenous Peoples of the United States.
Subcommittee Hearings Held.
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