H.R. 3144

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3144 Introduced in House (IH)]

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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. Garcia 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 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 the enactment of this Act;
(4) the Shab-eh-nay Band Reservation continues to exist;
(5) there is no evidence that Chief Shab-eh-nay and his 
band abandoned the Shab-eh-nay Band Reservation 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 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'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 create an Indian Claims 
Commission, to provide for the powers, duties, and functions 
thereof, and for other purposes'', approved August 13, 1946 
(commonly known as the ``Indian Claims Commission Act'') and 
was paid for the loss of certain lands in northern Illinois, 
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 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 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 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 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--
(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 of the Interior for the benefit of the 
Tribe after the date of the enactment of this Act.
(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 approximated land 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 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 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 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 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 transferred 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 Tribe's Indian title to 
all lands within the exterior boundaries 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 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, 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.

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 the enactment of this 
Act, the Tribe may acquire from one 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 lands acquired under paragraph (1) 
not later than 180 days after the Tribe transfers title to such 
lands 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 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 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.
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