Shab-eh-ney Reservation

Prairie Band Potawatomi Nation – Shab-eh-nay Reservation

Historical Background

• Article III of the 1829 Treaty of Prairie du Chien reserved 1,280 acres of lands for Chief Shab-eh-nay and his Band. These lands were historically occupied by the Band in the State of Illinois.
• Between 1835 and 1837, following the 1833 Treaty of Chicago cessions and prevailing Federal policy of removing Indian tribes from their traditional homelands and relocating them to areas west of the Mississippi River, Chief Shab-eh-nay and his Band were removed to Council Bluffs, Iowa with six other Illinois Potawatomi Bands, who subsequently merged into one government – the United Bands. The 1833 Treaty did not cede the Shab-eh-nay Reservation to the United States or grant it in fee to the Chief.
• By the Treaty of 1846, the Bands ceded their lands in Iowa and were once again removed – this time to a reservation in Kansas. This treaty also officially renamed the United Bands the Potawatomi of the Prairie, and specifically affirmed that the reservation made for Chief Shab-eh-nay and his Band was unaffected. No later treaty affected the status of the reservation.
• Until his death in 1859, Chief Shab-eh-nay and Band members continued to return to their traditional reservation lands in Illinois.
• The Band engaged in efforts to reacquire the land after Chief Shab-eh-nay and the Band were wrongfully dispossessed of it in 1849.

Contemporary Circumstances

• In 2006, the Prairie Band Potawatomi Nation (Nation) reacquired 128 acres of its original, historic 1,280-acre Shab-eh-nay Reservation.
• Based on an extensive administrative record, the Solicitor of the U.S. Department of the Interior issued a Solicitor’s Opinion in 2001 concluding that: (1) the Nation’s 1829 Treaty lands are still reservation lands and that the Nation’s reservation still exists; (2) the Nation is the legal successor-in-interest to the Shab-eh-nay Band with a credible claim to the reservation lands; and (3) the United States has a trust responsibility for the Nation’s reservation lands in Illinois.
• In 2006, the Interior Department confirmed the 2001 Solicitor’s Opinion that the Nation has a credible claim based on the unextinguished title the Nation holds as successor-in-interest to the Shab-eh-nay lands.
• The Nation has engaged in discussions with the surrounding local governments in DeKalb County, Illinois to secure their support for the establishment by the Nation of a tribal government center and a modest bingo hall, and to assure that the presence of the government center and hall do not in any way impose a burden on the resources or infrastructure of the local governments.
• May 8, 2007 - the PBPN entered into an agreement with the Shabbona Community Fire Protection District. The Agreement provides for the Fire District to provide fire response and EMS rescue to the Shab-eh-nay Reservation lands in exchange for the Nation providing funding to the District to cover the costs of two EMTs ($190,000).
• On May 14th, a representative from the National Indian Gaming Commission participated in a town hall style meeting to answer questions about tribal gaming and the process under the Indian Gaming Regulatory Act.
• On May 17th, DeKalb County held a public meeting to hear residents' views on the Nation's plans. The Nation participated in this meeting to answer questions: a continuation of its efforts to address issues of concern, which include environmental, traffic, infrastructure and safety matters.
• In May 2007, at the request of DeKalb County, the National Indian Gaming Commission began working on an Indian Lands Opinion on the Shab-eh-nay Reservation land. All interested local governments, including the PBPN, submitted information to the NIGC on this issue. An Indian Lands Opinion is not required under the Indian Gaming Regulatory Act for a tribe to begin gaming activities.
• June 22, 2007 - the PBPN entered into a Water and Sewer Pre-Design and Design Agreement with the Village of Shabbona. The purpose of this agreement was to determine whether connecting to the Village's water and sewer infrastructure for water and sewer services is a viable option for the Nation. The Village's engineer determined that such a connection is a viable option. The engineer is now, pursuant to the agreement currently working on the design of such connection. For construction of the necessary improvements to connect the PBPN's lands to the Village infrastructure, the parties must negotiate and enter into another agreement. Negotiations are on-going.
• Throughout the Summer and the Fall the PBPN and DeKalb County negotiated an Intergovernmental Agreement.
• February 11, 2008 - DeKalb County held a public meeting for the public to comment on the draft Intergovernmental Agreement between the PBPN and DeKalb County.
• February 12, 2008, the DeKalb County Executive Committee approved moving the draft Intergovernmental Agreement to the full County Board for a vote.
• February 20, 2008 - the DeKalb County Board approved the Intergovernmental Agreement between the PBPN and DeKalb County by a vote of 16 to 7. The PBPN executed the Agreement with the DeKalb County Board on this same day. The Agreement is comprehensive in scope, addressing a variety of issues of mutual concern to the parties. Specifically, the Agreement includes, among other things, provisions on jurisdictional issues; payment in lieu of taxes; the PBPN's planned use of its lands; and impacts on County infrastructure.