II 117th CONGRESS 1st Session S. 3242 IN THE SENATE OF THE UNITED STATES November 18, 2021 Mr. Moran 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.

1. Short title This Act may be cited as the Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2021 . 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. 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. 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. 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. 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. 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. 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. 9. Authorization of appropriations There is authorized to be appropriated to carry out this Act $10,000,000.