I 
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. GARCI´A 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 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 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. 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
320) (commonly known as the ‘‘Second Treaty of 
Prairie du Chien’’), the Potawatomi and other af-
fected Indian Tribes ceded certain land in northern 
Illinois, except for 2 parcels totaling 1,280 acres for 
Potawatomi Chief Shab-eh-nay and his Band at 
their village near Paw Paw Grove, Illinois; 
(2)(A) pursuant to the Treaty of September 26, 
1833, made at Chicago (7 Stat. 431) (commonly 
known as the ‘‘Treaty of Chicago’’), the Potawatomi 
and other Indians ceded approximately 5,000,000 
acres of land, including the Shab-eh-nay Band Res-
ervation; but 
(B) the Senate rejected the provision that ceded 
that reservation, with the effect of affirming the In-
dian-held title and boundaries of the Shab-eh-nay 
Band Reservation; 
(3)(A) in 1849, while Chief Shab-eh-nay was 
visiting his relatives in Kansas, the Commissioner of 
the General Land Office of the United States sold 
the Shab-eh-nay Band Reservation at public auction 
to non-Indians who erroneously believed that they 
had acquired good title to the land on which the 
Shab-eh-nay Band Reservation is located; and 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
(B) the Shab-eh-nay Band Reservation is ille-
gally 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 Res-
ervation; 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 Inte-
rior 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 recog-
nized title to the Shab-eh-nay Band Res-
ervation; 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
(ii) Congress never authorized the 
conveyance of the Shab-eh-nay Band Res-
ervation; 
(iii) the Tribe is the lawful successor 
in interest to Chief Shab-eh-nay and his 
Band; and 
(iv) the Department of the Interior 
believes that the United States continues 
to bear a trust responsibility to the Tribe 
for the Shab-eh-nay Band Reservation; 
(6) Congress has never acted by treaty or stat-
ute to extinguish the recognized Indian title to the 
Shab-eh-nay Band Reservation; 
(7) the Tribe is the successor in interest to 
Chief Shab-eh-nay and his Band and the rightful 
owner and occupant of the Shab-eh-nay Band Res-
ervation; 
(8) the Federal Government, through the ac-
tions of the General Land Office, has deprived the 
Tribe of the right of exclusive use and occupancy of 
the Shab-eh-nay Band Reservation without legal au-
thorization or just compensation; 
(9) certain non-Indian individuals, entities, and 
local governments occupying land within the bound-
aries of the Shab-eh-nay Band Reservation as of the 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
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 set-
tlement 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 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; 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
(4) to extinguish the Indian title to, and con-
firm the ownership by the State, the County, and 
certain individuals and entities of, certain land with-
in the boundaries of the Shab-eh-nay Band Reserva-
tion; 
(5) to provide stability and security to the State 
and residents of the State, the local governments 
and the areas over which the local governments exer-
cise jurisdiction, and businesses regarding the own-
ership and use by the Tribe of the Reaffirmed Res-
ervation; 
(6) to extinguish potential claims by the Tribe 
against the United States, the State, the local gov-
ernments, and private individuals and entities that 
could be a direct consequence of not reaching a set-
tlement with the Tribe; 
(7) to require the Secretary to preserve and 
protect, but not manage, the Reaffirmed Reservation 
in furtherance of trust responsibility of the Federal 
Government; and 
(8) to authorize the Secretary— 
(A) to execute the waiver and release of 
claims and compensate the Tribe; and 
(B) to take any other action necessary to 
carry out this Act. 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
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 ex-
ercising authority over land located within the Res-
ervation 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 Replace-
ment Area that is acquired by the Tribe in re-
stricted fee status after the date of enactment 
of this Act. 
(4) REPLACEMENT AREA.—The term ‘‘Replace-
ment Area’’ means the aboriginal territory of the 
Tribe, located near Shabbona, Illinois, which is con-
tained 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. 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
(5) RESERVATION.—The term ‘‘Reservation’’ 
means the 1,280 acres of land in the State located 
in sec. 23, the W1⁄2 of sec. 25, and the E1⁄2 of sec. 
26 in T. 38 N., R. 3 E., Third Principal Meridian. 
(6) RESTRICTED FEE STATUS.—The term ‘‘re-
stricted fee status’’, with respect to land, means that 
the land— 
(A) is— 
(i) owned in fee by the Tribe by ab-
original title or conveyance; 
(ii) held by the Tribe subject to a re-
striction against alienation and taxation, 
and therefore may not be sold by the Tribe 
without the consent of Congress; and 
(iii) expressly subject to the jurisdic-
tion of the Tribe; and 
(B) is not subject to— 
(i) taxation by any State or local gov-
ernment other than the Tribe; or 
(ii) any provision of law governing 
land use that provides for the review or ap-
proval by the Secretary, directly or 
through agreement with another party, be-
fore the Tribe may use the land for any 
purpose. 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
(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 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 govern-
ment 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 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
with another party, before the Tribe may use 
the land for any purpose. 
SEC. 5. EXTINGUISHMENT OF INDIAN TITLE; CONFIRMA-
TION OF LAND OWNERSHIP. 
(a) EXTINGUISHMENT OF INDIAN TITLE.—Title held 
by the Tribe to the Reservation (other than the Re-
affirmed Reservation) as of the date of enactment of this 
Act is extinguished. 
(b) CONFIRMATION
OF LAND OWNERSHIP.—Each 
title to land and right-of-way within the Reservation held 
by the State, the local governments, or any individual or 
entity as of November 5, 1849, is recognized and con-
firmed. 
SEC. 6. WAIVER AND RELEASE OF CLAIMS. 
(a) CLAIMS
AGAINST
UNITED
STATES, STATE, 
LOCAL
GOVERNMENTS, 
AND
OTHER
PARTIES.—The 
Tribe and the Secretary shall execute appropriate docu-
ments providing for the relinquishment by the Tribe of 
all claims against— 
(1) the United States for a breach of trust re-
sponsibility associated with any sale of any portion 
of the Reservation; and 
(2) the State, the local governments, and any 
individuals or entities occupying the Reservation for 
any trespass and related damages in connection with 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
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. 
(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, 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
the Secretary, in consultation with the Tribe, 
shall calculate an assessment of the total dam-
ages to the Tribe associated with the liability of 
the United States for the illegal sale of the Res-
ervation, including the current land value of all 
land located within the Reservation. 
(B) REPORT.—The Secretary shall submit 
to the Committees on Appropriations and In-
dian Affairs of the Senate and the Committees 
on Appropriations and Natural Resources of the 
House of Representatives a report describing 
the assessment calculated under subparagraph 
(A). 
(2) FINAL
SETTLEMENT
AGREEMENT.—The 
Secretary and the Tribe shall negotiate and execute 
a final settlement agreement in lieu of litigation to 
resolve the claims of the Tribe, in a form and man-
ner acceptable to the Attorney General, which shall 
include terms for the payment of the remaining set-
tlement funds to the Tribe, as calculated under 
paragraph (1)(A). 
(3) REQUIREMENT.—The Secretary shall pay to 
the Tribe 1⁄3 of the remaining settlement funds, as 
described in the final settlement agreement executed 
under paragraph (2), on each of— 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
(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 CONDEMNA-
TION 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 subpara-
graph (A), the land shall automatically— 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
(i) convert to ownership by the Tribe 
in restricted fee status; and 
(ii) be considered to be part of the Re-
affirmed Reservation. 
(b) RECOGNITION
OF TRIBAL GOVERNMENT AU-
THORITY TO ENTER INTO AGREEMENTS WITH STATE 
AND LOCAL GOVERNMENTS.—The Tribe shall have the 
authority to enter into agreements with the State and any 
local government regarding the Reaffirmed Reservation 
and activities occurring on the Reaffirmed Reservation, in-
cluding agreements relating to jurisdiction, land use, and 
services. 
(c) NO USE OF CONDEMNATION OR EMINENT DO-
MAIN.—Land or interests in land— 
(1) may not be acquired by condemnation or 
eminent domain under this Act; but 
(2) shall be acquired by purchase by payment 
of fair market value. 
(d) CULTURAL AND HISTORIC PRESERVATION OF 
RESERVATION.—Land owned by the State and the local 
governments located within the boundaries of the Reserva-
tion shall be managed to protect any human or cultural 
remains, consistent with applicable Federal and State law 
and subject to consultation with the Tribe. 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this Act $10,000,000. 
Æ 
VerDate Sep 11 2014 
01:16 Jul 19, 2022
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H8380.IH
H8380
pbinns on DSKJLVW7X2PROD with $$_JOB