Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2023

Subjects: Native Americans

Summary:  <p><strong>Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of </strong><b>2023</b></p> <p>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.</p> <p>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.</p> <p>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.</p> <p>The tribe may use these settlement funds to acquire up to 1,151 acres of land within or near the reservation.</p> <p> 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.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1492 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1492

  To provide for the settlement of claims relating to the Shab-eh-nay 
         Band Reservation in Illinois, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2023

Mr. Moran (for himself and Mr. Marshall) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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 enactment of this Act;
            (4) the Shab-eh-nay Band Reservation continues to exist;
            (5)(A) there is no evidence that Chief Shab-eh-nay and his 
        Band abandoned the Shab-eh-nay Band Reservation; but
            (B) even if Chief Shab-eh-nay and his band did abandon the 
        Shab-eh-nay Band Reservation, that abandonment 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 and his 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 of August 13, 1946 (Public Law 79-726; 60 Stat. 
        1049) (commonly known as the ``Indian Claims Commission Act'') 
        and was paid for the loss of certain land in northern Illinois, 
        but the Shab-eh-nay Band Reservation was specifically excluded 
        by the Indian Claims Commission from the land for which the 
        Commission 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 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 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 Reservation; and
                    (B) any land located within the Replacement Area 
                that is held in trust after being taken into trust by 
                the Secretary for the benefit of the Tribe pursuant to 
                section 4(b).
            (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 land contained within the 
        area 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 enactment 
        of this Act.
            (6) Reservation.--The term ``Reservation'' means the 
        approximately 1,280 acres of land in the State--
                    (A) reserved in 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'') and the Treaty of September 26, 1833, made at 
                Chicago (7 Stat. 431) (commonly known as the ``Treaty 
                of Chicago''); and
                    (B) 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 defined in section 1151 of title 18, 
United States Code).
    (b) Transfer of Lands Into Trust.--Not later than 180 days after 
the date of enactment of this Act, if the Tribe transfers title to any 
or all of the Repurchased Lands to the United States, the Secretary, 
not later than 180 days after the date of that transfer, shall take the 
transferred land into trust for the benefit of the Tribe.
    (c) Administration.--The Repurchased Lands transferred and taken 
into trust 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 title to all land within 
the exterior boundaries of the Reservation held by the Tribe on the 
date of enactment of this Act, except for the Repurchased Lands, is 
extinguished.
    (b) Confirmation of Land Ownership.--Title to land and interests in 
land 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, local governments, and any other individual 
        or entity 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 enactment of this Act, 
        the Tribe may acquire from 1 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 land acquired under paragraph (1) 
        not later than 180 days after the date on which the Tribe 
        transfers title to such land 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 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.
                                 &lt;all&gt;
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