II 118th CONGRESS 1st Session S. 1492 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.

1. Short title This Act may be cited as the Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2023 . 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. 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. 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. 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. 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. 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. 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. 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.