Resolving Indigenous Land Claims: Insights from DeKalb County

Unlike many other states, Illinois has no federally recognized native tribal lands. The Prairie Band Potawatomi Nation once called much of the Great Lakes Region home, including vast tracts of land in Illinois, but through various federal and state legal (though often unethical) machinations, they lost the majority of their lands and settled in northeast Kansas. House Bill 4718 has been introduced into the Illinois General Assembly with the aim of returning approximately 1,500 acres back to the Prairie Band Potawatomi Nation.    

Tribal Lands Now Make Up Park Lands  

This land is currently part of Shabbona Lake State Park in DeKalb County. The park is named after Prairie Band Potawatomi Chief Shab-eh-nay, who is a direct ancestor of the current chairman of the nation, Joseph Rupnick. Mr. Rupnick praised the effort to give back the land, though he did not provide details on what the tribe hopes to do with it once the issue has been settled, pointing out that the work of reacquiring it must take priority before future plans can be made.  

Agreements With State And Local Governments  

Importantly, HB 4718 affirms the authority of the tribal government to enter into agreements with the state or local governments, including those “relating to jurisdiction, land use, and services.” It also aims to allow the tribe to be economically self-sufficient on their reacquired land. This means that the bill not only hopes to settle the Prairie Band Potawatomi’s claims to the land in question but also encourages the use of the reacquired lands towards economic growth and cooperation for both the tribe and the surrounding non-native communities.    

Right Of First Refusal  

The Bill would give the Potawatomi Nation title to the property within the park, much of which used to be part of the original reservation. Parts of the reservation are now occupied by private homes, the titles of which are not free and clear of any issues because, according to Mr. Rupnick, sales of them would require the concurrence of Chief Shab-eh-nay and/or his descendants. The tribe has proposed more federal legislation that would allow current private homeowners to stay in their homes and even pass them down to their descendants but would give the Prairie Band Potawatomi the right of first refusal for any proposed sale.  

The legislation would extinguish the Potawatomi claim to the rest of the lands within this boundary, which are currently occupied by the State of Illinois and DeKalb County. This Bill is a bipartisan effort but has so far stagnated in Congress. According to its wording, the bill would allow the Potawatomi to buy homes on their former reservation land for fair market value, and the money for the purchase would come from a settlement fund provided by the federal government, along with any other funds of the Tribe.  

No Quick Path To Full Control  

If the Tribe employs a more aggressive purchasing strategy, such as making offers on the homes of some percentage points higher than the fair market value, the homeowners may be more tempted to sell sooner rather than later or passing them down to descendants. The Prairie Band Potawatomi Nation may reacquire their former territory piece by piece, but it may take some time to come to fruition.