,i  #aagth ,,congress  #b;d ,session    
,h4 ,r4 #hchj  ,,in ,,the ,,house ,,of  
,,representatives  ,july #ad1 #bjbb,mr4 
,garca of ,illinois 7for himself1 ,ms4  
,underwood1 ,mr4 ,danny ,k4 ,davis of   
,illinois1 and ,mr4 ,la,turner7         
introduced the following bill2 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     
,illinois1 and for other purposes4  #a4 
,short title ,this ,act may be cited as 
the ,prairie ,band ,potawatomi ,nation  
,shab-eh-nay ,band ,reservation         
,settlement ,act of #bjbb4  #b4         
,findings2 purposes  7a7 ,findings      
,congress finds that-- 7#a7 pursuant to 
the ,treaty of ,july #bi1 #ahbi1 made   
and concluded at ,prairie du ,chien 7#g 
,stat4 #cbj7 7commonly known as the     
,second ,treaty of ,prairie du ,chien71 
the ,potawatomi and other affected      
,indian ,tribes ceded certain land in   
northern ,illinois1 except for #b       

parcels totaling #a1bhj acres for       
,potawatomi ,chief ,shab-eh-nay and his 
,band at their village near ,paw ,paw   
,grove1 ,illinois2  7#b7 7,a7 pursuant  
to the ,treaty of ,september #bf1 #ahcc1
 made at ,chicago 7#g ,stat4 #dca7      
7commonly known as the ,treaty of       
,chicago71 the ,potawatomi and other    
,indians ceded approximately #e1jjj1jjj 
acres of land1 including the            
,shab-eh-nay ,band ,reservation2 but    
7,b7 the ,senate rejected the provision 
that ceded that reservation1 with the   
effect of affirming the ,indian-held    
title and boundaries of the ,shab-eh-nay
 ,band ,reservation2  7#c7 7,a7 in      
#ahdi1 while ,chief ,shab-eh-nay was    
visiting his relatives in ,kansas1 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 

located2 and  7,b7 the ,shab-eh-nay     
,band ,reservation is illegally occupied
 as of the date of enactment of this    
,act2  7#d7 the ,associate ,solicitor of
 the ,department of the ,interior issued
 an opinion on ,july #bd1 #bjjj1 that   
concluded that-- 7,a7 the ,shab-eh-nay  
,band ,reservation continues to exist2  
7,b7 there is no evidence that ,chief   
,shab-eh-nay abandoned the ,shab-eh-nay 
,band ,reservation2 and  7,c7 even if it
 were true that ,shab-eh-nay's ,band had
 abandoned the land1 the ,band's treaty 
recognized title to that land could not 
be extinguished without ,congressional  
action2  7#e7 the ,solicitor of the     
,department of the ,interior issued an  
opinion on ,january #ah1 #bjja1 that--  
7,a7 confirmed the findings of the      
,associate ,solicitor of the ,department
 of the ,interior under paragraph 7#d72 
and  7,b7 stated that-- 7i7 the         
,shab-eh-nay ,band held recognized title
 to the ,shab-eh-nay ,band ,reservation2
  7ii7 ,congress never authorized the   

conveyance of the ,shab-eh-nay ,band    
,reservation2  7iii7 the ,tribe is the  
lawful successor in interest to ,chief  
,shab-eh-nay and his ,band2 and  7iv7   
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 ,reservation2  7#f7 ,congress has 
never acted by treaty or statute to     
extinguish the recognized ,indian title 
to the ,shab-eh-nay ,band ,reservation2 
7#g7 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      
,reservation2  7#h7 the ,federal        
,government1 through the actions of the 
,general ,land ,office1 has deprived the
 ,tribe of the right of exclusive use   
and occupancy of the ,shab-eh-nay ,band 
,reservation without legal authorization
 or just compensation2  7#i7 certain    
non-,indian individuals1 entities1 and  
local governments occupying land within 

the boundaries of the ,shab-eh-nay ,band
 ,reservation as of the date of         
enactment of this ,act1 including the   
,state and the ,county-- 7,a7 acquired  
ownership interests to the land in good 
faith2 and  7,b7 should be able to      
possess clear title to the land2 and    
7#aj7 the ,united ,states has a moral   
and legal responsibility-- 7,a7 to help 
secure a fair and equitable settlement  
of past inequities to the ,tribe2 and   
7,b7 to ensure protection of the        
ownership interests of non-,indian      
occupants of the ,shab-eh-nay ,band     
,reservation4  7b7 ,purposes ,the       
purposes of this ,act are-- 7#a7 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 ,reservation2  7#b7  
to reaffirm ,federal recognition of the 
ownership by the ,tribe of1 and         
jurisdiction over1 land that the ,tribe 
owns within the ,shab-eh-nay ,band      

,reservation2  7#c7 to promote the      
economic self-sufficiency of the ,tribe 
and the members of the ,tribe2  7#d7 to 
extinguish the ,indian title to1 and    
confirm the ownership by the ,state1 the
 ,county1 and certain individuals and   
entities of1 certain land within the    
boundaries of the ,shab-eh-nay ,band    
,reservation2  7#e7 to provide stability
 and security to the ,state and         
residents of the ,state1 the local      
governments and the areas over which the
 local governments exercise             
jurisdiction1 and businesses regarding  
the ownership and use by the ,tribe of  
the ,reaffirmed ,reservation2  7#f7 to  
extinguish potential claims by the      
,tribe against the ,united ,states1 the 
,state1 the local governments1 and      
private individuals and entities that   
could be a direct consequence of not    
reaching a settlement with the ,tribe2  
7#g7 to require the ,secretary to       
preserve and protect1 but not manage1   
the ,reaffirmed ,reservation in         

furtherance of trust responsibility of  
the ,federal ,government2 and  7#h7 to  
authorize the ,secretary-- 7,a7 to      
execute the waiver and release of claims
 and compensate the ,tribe2 and  7,b7 to
 take any other action necessary to     
carry out this ,act4  #c4 ,definitions  
,in this ,act3 7#a7 ,county ,the term   
,county means ,dekalb ,county in the    
,state4  7#b7 ,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 ,act4  7#c7 ,reaffirmed        
,reservation ,the term ,reaffirmed      
,reservation means-- 7,a7 the land      
recognized as being under the ownership 
of the ,tribe under section #d7;a72 and 
7,b7 any land located within the        
,replacement ,area that is acquired by  
the ,tribe in restricted fee status     
after the date of enactment of this     
,act4  7#d7 ,replacement ,area ,the term
 ,replacement ,area means the aboriginal

 territory of the ,tribe1 located near  
,shabbona1 ,illinois1 which is contained
 within the area bounded-- 7,a7 on the  
north by ,interstate #hh2  7,b7 on the  
west by ,interstate #ci2  7,c7 on the   
south by ,state ,route #cj and ,preserve
 ,road2 and  7,d7 on the east by ,south 
#dth ,street and ,state ,route #bc4     
7#e7 ,reservation ,the term ,reservation
 means the #a1bhj acres of land in the  
,state located in sec4 #bc1 the ,w#a_/b 
of sec4 #be1 and the ,e#a_/b of sec4 #bf
 in ,t4 #ch ,n41 ,r4 #c ,e41 ,third     
,principal ,meridian4  7#f7 ,restricted 
fee status ,the term restricted fee     
status1 with respect to land1 means that
 the land-- 7,a7 is-- 7i7 owned in fee  
by the ,tribe by aboriginal title or    
conveyance2  7ii7 held by the ,tribe    
subject to a restriction against        
alienation and taxation1 and therefore  
may not be sold by the ,tribe without   
the consent of ,congress2 and  7iii7    
expressly subject to the jurisdiction of
 the ,tribe2 and  7,b7 is not subject   

to-- 7i7 taxation by any ,state or local
 government other than the ,tribe2 or   
7ii7 any provision of law governing land
 use that provides for the review or    
approval by the ,secretary1 directly or 
through agreement with another party1   
before the ,tribe may use the land for  
any purpose4  7#g7 ,secretary ,the term 
,secretary means the ,secretary of the  
,interior4  7#h7 ,state ,the term ,state
 means the ,state of ,illinois4  7#i7   
,tribe ,the term ,tribe means the       
,prairie ,band ,potawatomi ,nation1 a   
federally recognized ,indian ,tribe4    
#d4 ,reaffirmation of ,shab-eh-nay ,band
 ,reservation  7a7 ,reaffirmation of    
title ,title to the #acj 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 ,tribe4  7b7           
,restricted fee status ,the ,reaffirmed 
,reservation-- 7#a7 shall be considered 
to be owned by the ,tribe in restricted 
fee status2  7#b7 is expressly subject  

to the jurisdiction of the ,tribe2 and  
7#c7 shall not be subject to-- 7,a7     
taxation by any ,state or local         
government other than the ,tribe2 or    
7,b7 any provision of law governing land
 use that provides for the review or    
approval by the ,secretary1 directly or 
through agreement with another party1   
before the ,tribe may use the land for  
any purpose4  #e4 ,extinguishment of    
,indian title2 confirmation of land     
ownership  7a7 ,extinguishment of       
,indian title ,title held by the ,tribe 
to the ,reservation 7other than the     
,reaffirmed ,reservation7 as of the date
 of enactment of this ,act is           
extinguished4  7b7 ,confirmation of land
 ownership ,each title to land and      
right-of-way within the ,reservation    
held by the ,state1 the local           
governments1 or any individual or entity
 as of ,november #e1 #ahdi1 is          
recognized and confirmed4  #f4 ,waiver  
and release of claims  7a7 ,claims      
against ,united ,states1 ,state1 local  

governments1 and other parties ,the     
,tribe and the ,secretary shall execute 
appropriate documents providing for the 
relinquishment by the ,tribe of all     
claims against-- 7#a7 the ,united       
,states for a breach of trust           
responsibility associated with any sale 
of any portion of the ,reservation2 and 
7#b7 the ,state1 the local governments1 
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 #e1 #ahdi1 and   
ending on the effective date described  
in subsection 7b74  7b7 ,effective date 
,the relinquishment of claims under     
subsection 7a7 shall take effect on the 
later of-- 7#a7 the date on which the   
,tribe receives payment of all of the   
settlement funds under section #g2 and  
7#b7 the date on which the ,secretary   
publishes in the ,federal ,register a   
notice that the documents described in  

subsection 7a7 have been executed by the
 ,secretary and the ,tribe4  #g4        
,settlement funds  7a7 ,initial payment 
,not later than #cj days after the date 
of enactment of this ,act1 the          
,secretary shall pay to the ,tribe      
#aj1jjj1jjj in partial settlement of the
 claims of the ,tribe1 to be managed1   
invested1 and used by the ,tribe to     
promote economic development and land   
acquisition1 as determined by the ,tribe
 in accordance with the constitution and
 laws of the ,tribe4  7b7 ,subsequent   
payments  7#a7 ,assessment  7,a7 ,in    
general ,not later than #ahj days after 
the date of enactment of this ,act1 the 
,secretary1 in consultation with the    
,tribe1 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 ,reservation1 including the current 
land value of all land located within   
the ,reservation4  7,b7 ,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 7,a74  7#b7 ,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 
,tribe1 in a form and manner acceptable 
to the ,attorney ,general1 which shall  
include terms for the payment of the    
remaining settlement funds to the       
,tribe1 as calculated under paragraph   
7#a77;,a74  7#c7 ,requirement ,the      
,secretary shall pay to the ,tribe #a_/c
 of the remaining settlement funds1 as  
described in the final settlement       
agreement executed under paragraph 7#b71
 on each of-- 7,a7 the date that is #c  
years after the date of enactment of    
this ,act2  7,b7 the date that is #f    
years after that date of enactment2 and 

7,c7 the date that is #i years after    
that date of enactment4  #h4 ,land      
acquisition2 ,tribal authority to enter 
into agreements2 no use of condemnation 
or eminent domain  7a7 ,land acquisition
  7#a7 ,in general ,subject to paragraph
 7#b71 after the date of enactment of   
this ,act1 the ,tribe may acquire from a
 willing seller in restricted fee status
 not more than a total of #a1aea acres  
of land within the ,reservation or the  
,replacement ,area using the settlement 
funds received by the ,tribe under      
section #g or other funds of the ,tribe4
  7#b7 ,notice  7,a7 ,in general ,before
 acquiring land under paragraph 7#a71   
the ,tribe shall give notice to the     
,secretary4  7,b7 ,deadline ,on the date
 that is #fj days after receipt of the  
notice under subparagraph 7,a71 the land
 shall automatically-- 7i7 convert to   
ownership by the ,tribe in restricted   
fee status2 and  7ii7 be considered to  
be part of the ,reaffirmed ,reservation4
  7b7 ,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            
,reservation1 including agreements      
relating to jurisdiction1 land use1 and 
services4  7c7 ,no use of condemnation  
or eminent domain ,land or interests in 
land-- 7#a7 may not be acquired by      
condemnation or eminent domain under    
this ,act2 but  7#b7 shall be acquired  
by purchase by payment of fair market   
value4  7d7 ,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 remains1         
consistent with applicable ,federal and 
,state law and subject to consultation  
with the ,tribe4  #i4 ,authorization of 
appropriations ,there is authorized to  

be appropriated to carry out this ,act  
#aj1jjj1jjj4