County ends talks with tribe

Bingo-hall site’s sovereignty in doubt

By James Kimberly
Chicago Tribune

DeKalb County officials broke off talks Monday with an American Indian tribe that wants to build a bingo hall near the small town of Shabbona because of questions about the legitimacy of the tribe's land claims.

The small but significant step raises the potential for a court fight between the Prairie Band Potawatomi Nation of Mayetta, Kan., and local or state officials.

The tribe bought a 128-acre farm in April and contended it is sovereign land exempt from state laws and county ordinances because it is part of 1,280 acres rightfully the tribe's under the terms of an 1829 treaty.

In August, the tribe announced plans to build a bingo hall on the site off University Road.

DeKalb County Board Chairman Ruth Anne Tobias said Monday that without clear evidence supporting the tribe's contention of sovereign land, the county will treat the tribe like any other property owner. If the Prairie Band Potawatomi begin construction on the bingo hall without local approval, the county would stop them, Tobias said.

"We hope that this matter can be resolved without a great deal of expense to our local taxpayers," Tobias said in a statement Monday. afternoon.

A representative for the Prairie Band Potawatomi declined to comment.

Tribal representatives and officials from DeKalb County and the Village of Shabbona had been meeting informally to discuss the possibility of signing intergovernmental agreements.

Tobias said the county recently received a letter from an official in the federal Bureau of Indian Affairs that casts doubt on the Prairie Band Potawatomi's statement that the farm is sovereign.

State Rep. Robert Pritchard (R-Hinckley) said the bureau's letter did not definitively settle the tribe's land claim. He said the tribe should apply to the Bureau of Indian Affairs to have the farm recognized as reservation land. The tribe insists an application is not necessary and that the land is sovereign under established legal precedents.

In July the Prairie Band Potawatomi brought earth-moving equipment to the farm and began preparing the site for construction. DeKalb County officials ordered a halt to the work because the tribe had not been issued permits. The tribe insisted it was not bound by the order, but said it would agree to stop work out of a spirit of cooperation.

A month later, the tribe announced that it intended to build a cultural center and a bingo hall. One day, the tribe said, it might want to build a hotel in DeKalb County, but at the moment had no plans to open a casino there.

The property taxes on the farm were paid for this year before the tribe's purchase. So as long as the tribe does not violate any state laws or county ordinances, there should be nothing to litigate, Tobias said.

But if the tribe resumes work on a building without county permission, the county would be forced to act, Tobias said.