I 
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. GARCI´A 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prairie Band Pota-
watomi 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. 
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320) (commonly known as the ‘‘Second Treaty of 
Prairie du Chien’’), the Potawatomi and other af-
fected 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 Res-
ervation; but 
(B) the Senate rejected the provision that ceded 
that reservation, with the effect of affirming the In-
dian-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 
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(B) the Shab-eh-nay Band Reservation is ille-
gally occupied as of the date of the enactment of 
this Act; 
(4) the Shab-eh-nay Band Reservation con-
tinues to exist; 
(5) there is no evidence that Chief Shab-eh-nay 
and his band abandoned the Shab-eh-nay Band Res-
ervation 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 stat-
ute 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 cre-
ate an Indian Claims Commission, to provide for the 
powers, duties, and functions thereof, and for other 
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purposes’’, approved August 13, 1946 (commonly 
known as the ‘‘Indian Claims Commission Act’’) and 
was paid for the loss of certain lands in northern Il-
linois, 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 ac-
tions 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 au-
thorization 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 set-
tlement of past inequities to the Tribe; and 
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(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 own-
ership 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 con-
firm the ownership by the State, the County, and 
certain individuals and entities of, certain land with-
in the boundaries of the Shab-eh-nay Band Reserva-
tion; 
(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 exer-
cise jurisdiction, and businesses regarding the own-
ership and use by the Tribe of the Reaffirmed Res-
ervation; 
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(6) to extinguish potential claims by the Tribe 
against the United States, the State, the local gov-
ernments, and private individuals and entities that 
could be a direct consequence of not reaching a set-
tlement 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 Fed-
eral 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— 
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(A) the Reservation; and 
(B) any land located within the Replace-
ment 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 ‘‘Replace-
ment 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 fol-
lows: 
(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 ‘‘Repur-
chased 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 
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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 Prai-
rie Band Potawatomi Nation, a federally recognized 
Indian Tribe. 
SEC. 4. REAFFIRMATION OF SHAB-EH-NAY BAND RESERVA-
TION. 
(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 trans-
ferred under subsection (b) shall be part of the Reaffirmed 
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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; CONFIRMA-
TION OF LAND OWNERSHIP. 
(a) EXTINGUISHMENT
OF
INDIAN
TITLE.—The 
Tribe’s Indian title to all lands within the exterior bound-
aries 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 govern-
ments, 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 docu-
ments 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 
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any trespass and related damages in connection with 
the occupation and use of the Reservation during 
the period beginning on November 5, 1849, and end-
ing 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 pay-
ment 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 de-
scribed 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, in-
vested, and used by the Tribe to promote economic devel-
opment 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 CONDEMNA-
TION OR EMINENT DOMAIN. 
(a) LAND ACQUISITION.— 
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