,,ii  #aahth ,,congress  #ast ,session  
,s4 #adib  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #i1       
#bjbc,mr4 ,moran 7for himself and ,mr4  
,marshall7 introduced the following     
bill2 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      
,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 #bjbc4  #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 ,shab-eh-nay ,band      
,reservation continues to exist2  7#e7  
7,a7 there is no evidence that ,chief   
,shab-eh-nay and his ,band abandoned the
 ,shab-eh-nay ,band ,reservation2 but   
7,b7 even if ,chief ,shab-eh-nay and his
 band did abandon the ,shab-eh-nay ,band
 ,reservation1 that abandonment could   
not be the basis for extinguishing the  
treaty-recognized ,indian title to the  
,reservation2  7#f7 the ,shab-eh-nay    
,band held recognized title to the      
,shab-eh-nay ,band ,reservation2  7#g7  
,congress has never acted by treaty or  
statute to extinguish the recognized    
,indian title to the ,shab-eh-nay ,band 
,reservation2  7#h7 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#i7  
the ,united ,states continues to bear a 
trust responsibility to the ,tribe for  

the ,shab-eh-nay ,band ,reservation2    
7#aj7 the ,tribe pursued a claim against
 the ,united ,states under the ,act of  
,august #ac1 #aidf 7,public ,law        
#gi-gbf2 #fj ,stat4 #ajdi7 7commonly    
known as the ,indian ,claims ,commission
 ,act7 and was paid for the loss of     
certain land in northern ,illinois1 but 
the ,shab-eh-nay ,band ,reservation was 
specifically excluded by the ,indian    
,claims ,commission from the land for   
which the ,commission awarded additional
 compensation2  7#aa7 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#ab7 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#ac7 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 the 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           
,reservation2 and  7,b7 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       
#d7;b74  7#d7 ,replacement area ,the    
term ,replacement ,area means the       
aboriginal territory of the ,tribe1     
located in the ,state near ,shabbona1   
which is all of the land contained      
within the area that is bounded as      
follows3 7,a7 ,on the north by          

,interstate #hh4  7,b7 ,on the west by  
,interstate #ci4  7,c7 ,on the south by 
,state ,route #cj and ,preserve ,road4  
7,d7 ,on the east by ,south #dth ,street
 and ,state ,route #bc4  7#e7           
,repurchased ,lands ,the term           
,repurchased ,lands means the           
approximately #abi acres of land        
purchased and owned by the ,tribe within
 the ,reservation as of the date of     
enactment of this ,act4  7#f7           
,reservation ,the term ,reservation     
means the approximately #a1bhj acres of 
land in the ,state-- 7,a7 reserved in   
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 ,chien7  
and the ,treaty of ,september #bf1      
#ahcc1 made at ,chicago 7#g ,stat4 #dca7
 7commonly known as the ,treaty of      
,chicago72 and  7,b7 described as       
follows3 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#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      
reservation status ,the ,repurchased    
,lands is reaffirmed as ,indian country 
7as defined in section #aaea of title   
#ah1 ,united ,states ,code74  7b7       
,transfer of lands into trust ,not later
 than #ahj days after the date of       
enactment of this ,act1 if the ,tribe   
transfers title to any or all of the    
,repurchased ,lands to the ,united      
,states1 the ,secretary1 not later than 
#ahj days after the date of that        
transfer1 shall take the transferred    
land into trust for the benefit of the  
,tribe4  7c7 ,administration ,the       
,repurchased ,lands transferred and     
taken into trust under subsection 7b7   

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 ,tribe4  #e4 ,extinguishment of 
,indian title2 confirmation of land     
ownership  7a7 ,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 ,act1 except  
for the ,repurchased ,lands1 is         
extinguished4  7b7 ,confirmation of land
 ownership ,title to land and interests 
in land within the exterior boundaries  
of the ,reservation held by the ,state1 
the local governments1 or any individual
 or entity on ,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 the trust       
responsibility associated with any sale 
of any portion of the ,reservation2 and 
7#b7 the ,state1 local governments1 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
 #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 ,subject 
to the appropriation of funds1 the      

,secretary shall pay to the ,tribe      
#ej1jjj1jjj over #e years in full       
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    
#h4 ,land acquisition2 tribal authority 
to enter into agreements2 no use of     
condemnation or eminent domain  7a7     
,land acquisition  7#a7 ,in general     
,after the date of enactment of this    
,act1 the ,tribe may acquire from #a or 
more willing sellers not more than a    
total of #a1aea 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 #g or other    
funds of the ,tribe4  7#b7 ,transfer of 
additional lands into trust ,at the     
request of the ,tribe1 the ,secretary   
shall take into trust for the benefit of

 the ,tribe any land acquired under     
paragraph 7#a7 not later than #ahj days 
after the date on which the ,tribe      
transfers title to such land to the     
,united ,states4  7b7 ,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 ,reservation1 including
 agreements relating to jurisdiction1   
land use1 and services4  7c7 ,no use of 
condemnation or eminent domain ,land or 
interests in land within the exterior   
boundaries of the ,reservation or the   
,replacement ,area-- 7#a7 may not be    
acquired by condemnation or eminent     
domain under this ,act2 and  7#b7 shall 
be acquired only by purchase with       
payment of fair market value4  7d7      
,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 remains1 consistent with       
applicable ,federal and ,state law and  
subject to the consent of the ,tribe4   
#i4 ,authorization of appropriations    
,there is authorized to be appropriated 
to the ,secretary to carry out this ,act
 #aj1jjj1jjj for each of fiscal years   
#bjbd through #bjbh4