Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2023
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 129 acres of land within the reservation. Further, the bill extinguishes the tribe's title to the remainder of the reservation.
Subject to appropriations, the bill requires the Department of the Interior to pay the tribe a specified amount as settlement of the tribe's claims for the tribe to promote economic development and land acquisition.
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 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3144 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3144
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
May 9, 2023
Mr. Garcia of Illinois (for himself, Ms. Underwood, Mr. LaTurner, Mr.
Mann, and Ms. Davids of Kansas) 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 2023''.
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 the enactment of this Act;
(4) the Shab-eh-nay Band Reservation continues to exist;
(5) there is no evidence that Chief Shab-eh-nay and his
band abandoned the Shab-eh-nay Band Reservation which, even if
true, could not be the basis for extinguishing the treaty-
recognized Indian title to the Reservation;
(6) the Shab-eh-nay Band held recognized title to the Shab-
eh-nay Band Reservation;
(7) Congress has never acted by treaty or statute to
extinguish the recognized Indian title to the Shab-eh-nay Band
Reservation;
(8) the Tribe is the successor in interest to Chief Shab-
eh-nay's Band and the rightful owner and occupant of the Shab-
eh-nay Band Reservation;
(9) the United States continues to bear a trust
responsibility to the Tribe for the Shab-eh-nay Band
Reservation;
(10) the Tribe pursued a claim against the United States
under the Act entitled ``An Act to create an Indian Claims
Commission, to provide for the powers, duties, and functions
thereof, and for other purposes'', approved August 13, 1946
(commonly known as the ``Indian Claims Commission Act'') and
was paid for the loss of certain lands in northern Illinois,
but the Shab-eh-nay Band Reservation was specifically excluded
by the Commission from the lands for which it awarded
additional compensation;
(11) 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;
(12) 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 the 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
(13) 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 the
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 that exercises authority over land
located within the Reservation as of the date of the enactment
of this Act.
(3) Reaffirmed reservation.--The term ``Reaffirmed
Reservation'' means--
(A) the Reservation; and
(B) any land located within the Replacement Area
that is held in trust after being taken into trust by
the Secretary of the Interior for the benefit of the
Tribe after the date of the enactment of this Act.
(4) Replacement area.--The term ``Replacement Area'' means
the aboriginal territory of the Tribe, located in the State
near Shabbona, which is all of the approximated land that is
bounded as follows:
(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.
(D) On the east by South 4th Street and State Route
23.
(5) Repurchased lands.--The term ``Repurchased Lands''
means the approximately 129 acres of land purchased and owned
by the Tribe within the Reservation as of the date of the
enactment of this Act.
(6) Reservation.--The term ``Reservation'' means the
approximately 1,280 acres of land in the State reserved in the
treaty of July 29, 1829 (7 Stat. 320) and the Treaty of
September 26, 1833 (7 STAT. 431) and described as follows: 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.
(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 Reservation Status.--The Repurchased Lands is
reaffirmed as Indian Country (as that term is defined in section 1151
of title 18, United States Code).
(b) Transfer of Lands Into Trust.--If, not later than 180 days
after the date of the enactment of this Act, the Tribe transfers title
to any or all of the Repurchased Lands to the United States, the
Secretary, not later than 180 days after such transfer, shall take the
transferred land into trust for the benefit of the Tribe.
(c) Administration.--Repurchased Lands transferred under subsection
(b) shall be part of the Reaffirmed Reservation and administered in
accordance with the laws and regulations generally applicable to land
held in trust by the United States for an Indian tribe.
SEC. 5. EXTINGUISHMENT OF INDIAN TITLE; CONFIRMATION OF LAND OWNERSHIP.
(a) Extinguishment of Indian Title.--The Tribe's Indian title to
all lands within the exterior boundaries of the reservation as of the
date of enactment of this Act, except for the Repurchased Lands, is
extinguished.
(b) Confirmation of Land Ownership.--Title to lands and interests
in lands within the exterior boundaries of the Reservation held by the
State, the local governments, or any individual or entity on 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 the 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.
Subject to the appropriation of funds, the Secretary shall pay to
the Tribe $50,000,000 over 5 years in full 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.
SEC. 8. LAND ACQUISITION; TRIBAL AUTHORITY TO ENTER INTO AGREEMENTS; NO
USE OF CONDEMNATION OR EMINENT DOMAIN.
(a) Land Acquisition.--
(1) In general.--After the date of the enactment of this
Act, the Tribe may acquire from one or more willing sellers not
more than a total of 1,151 acres of land within the exterior
boundaries of or abutting the Reservation, or within the
exterior boundaries of the Replacement Area using the
settlement funds received by the Tribe under section 7 or other
funds of the Tribe.
(2) Transfer of additional lands into trust.--At the
request of the Tribe, the Secretary shall take into trust for
the benefit of the Tribe any lands acquired under paragraph (1)
not later than 180 days after the Tribe transfers title to such
lands to the United States.
(b) Recognition of Tribal Government Authority To Enter Into
Agreements With State and Local Governments.--The Tribe may 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 within the exterior boundaries of the Reservation or the
Replacement Area--
(1) may not be acquired by condemnation or eminent domain
under this Act; and
(2) shall be acquired only by purchase with 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 the consent of the Tribe.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this Act $10,000,000 for each of fiscal years 2024 through 2028.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line