DeKalb County Board takes first steps to back Potawatomi Nation’s Shabbona reclamation efforts

SHABBONA – As a federal land resettlement act proposed in Washington D.C. renews hope for the Prairie Band Potawatomi Nation to reclaim land in Shabbona, the DeKalb County Board recently took first steps to back the nation’s efforts.

The matter was put forward to the county board several times in recent months. The board’s support stalled in November, however, as members said they wished to wait on writing a requested letter of support for the Potawatomi until federal legislation was brought forth. It appears that time has come.

The DeKalb County Board Committee of the Whole voted, 18-1, to recommend approval of the letter of support for the nation’s land reclamation pursuit during its Feb. 9 meeting. Five county board members were absent, including Scott Campbell, Tim Hughes, Kiara Jones, Jerry Osland and board vice-chairwoman Suzanne Willis.

The matter is expected to come before the county board for a final vote on Wednesday.

Joseph Rupnick, chairman for the Prairie Band Potawatomi Nation, said the nation believes there always has been an indigenous reservation in Illinois since 1829, when the nation signed the Treaty of Prairie du Chien with the U.S. government. However, he said the nation feels it has been denied the land since then after Rupnick’s fourth grade grandfather Chief Shab-eh-nay was evicted from the land while visiting relatives in Kansas. The land was sold without the chief’s consent in 1849.

“We’re hoping that we can use this bill to recognize our claim, our legitimate claim, to that reservation and to utilize that land as best we see fit,” Rupnick said.

The land title was then passed to non-Native Americans. A land reclamation act filed by a Kansas senator has renewed hopes for the nation’s pursuits for the Shabbona land in southern DeKalb County.

Robert Odawi Porter, lawyer for the Prairie Band Potawatomi Nation, said the U.S. Department of Interior acknowledged decades ago that the federal government had illegally sold Shab-eh-nay’s land in 1849.

“And in fact, 20 years ago, they recommended that the nation and the United States should go to Congress to try to get this resolved,” Porter said. “So, better late than never. That’s what this is about.”

County board member Roy Plote, who was the one nay vote, asked nation representatives whether current Shabbona residents were notified by the nation of land reclamation efforts. Nation members said no.

“It’s just – it’s overwhelming that you come here, but yet, your own relatives that are involved in this don’t get asked,” Plote said. “And one of them used to live right there. ... I just don’t understand.”

Rupnick said the nation held a town hall in Shabbona when the land re-acquisition process began and residents were notified of that town hall happening then. He previously said he feels that the nation has had a lot of support from Shabbona locals over the past few decades.

The nation is seeking to reclaim 1,280 acres of land near Shabbona State Park in the southern part of DeKalb County. Under the Federal Non-Intercourse Act, the U.S. Congress is the only governing body with the authority to designate land titles for native nations.

Nation representatives confirmed the land in question is located to the west of Interstate 39, in between U.S. Route 30 and Interstate 88, and east of Illinois Route 23. County officials confirmed the 1,280 acres would come off of the county’s tax roles if the nation reclaimed the land, since Native American reservation land is tax-exempt at the local, state and federal levels, and could mean more than $76,000 per year in lost revenue.

What’s in the proposed federal bill

According to U.S. Congress records, the Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2021 was introduced by U.S. Sen. Jerry Moran, R-Kansas, on Nov. 18, 2021.

The nation has sought the support of the County Board for years. The filing of the federal legislation, which hasn’t been passed yet, could encourage the board to review an additional request, Rupnick said. The nation believes the more elected voices backing its cause, the stronger its message will be in Washington.

Rupnick said Illinois museum officials, along with nation heads, have been working to identify Potawatomi Nation burial sites so they will no longer be disturbed. He said that’s one of the reasons why he has been working to have the land near the village of Shabbona be returned to the native nation.

Rupnick said nation officials are working with area U.S. House representatives to start a similar bill.

According to the federal bill, any human or cultural remains within the land owned by the state of Illinois and the local governments within the boundaries of the reservation would be protected. The bill also says the federal government would pay $10 million to the tribe as a partial settlement for the tribe’s economic development and land acquisition purposes.

“The 10 million reflects really a lot of the costs that the nation has expended over the years to try to get its land back,” Porter said on Wednesday.

Porter said the nation is trying to avoid filing a lawsuit to reclaim the land.

“Which, at the end of the day, is disruptive, expensive and inconclusive,” Porter said. “Because then that has to come back to the Congress anyway in the event of a settlement.”

The reclamation efforts have been pursued by the nation for years.

In 2015, the Prairie Band Potawatomi Nation approached the County Board for its blessing to open a Class 2 casino, which would include only bingo, in Shabbona. Rupnick previously said the reclamation request is not related to the formerly proposed casino. He said Wednesday there is already a casino about 30 miles north of the area and a casino coming to Rockford.

“And to be quite honest with you, I think the area is saturated with casinos,” Rupnick said.

Rupnick said the nation isn’t sure about definite plans for the land and won’t know until the land issue is settled.

“Once we get the land settled, then we can go out, look at a feasibility study and try and figure out what we’re actually gonna do,” Rupnick said.

Rupnick previously said the nation is not looking to displace anyone who lives in the community currently.

Currently, deeds for homeowners within the reservation are subject to all rights, claims or title to the descendants of the nation’s chief and his band, according to nation representatives. The legislation would wipe the clause from those deeds to assure current homeowners their property is theirs without condition.