[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5207 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 5207
To clarify the Federal relationship to the Shawnee Tribe as a distinct
Indian tribe, to clarify the status of the members of the Shawnee
Tribe, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2000
Mr. Coburn introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To clarify the Federal relationship to the Shawnee Tribe as a distinct
Indian tribe, to clarify the status of the members of the Shawnee
Tribe, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shawnee Tribe Status Act of 2000''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Cherokee Shawnees, also known as the Loyal
Shawnees, are recognized as the descendants of the Shawnee
Tribe which was incorporated into the Cherokee Nation of
Indians of Oklahoma pursuant to an agreement entered into by
and between the Shawnee Tribe and the Cherokee Nation on June
7, 1869, and approved by the President on June 9, 1869, in
accordance with Article XV of the July 19, 1866, Treaty between
the United States and the Cherokee Nation (14 Stat. 799).
(2) The Shawnee Tribe from and after its incorporation and
its merger with the Cherokee Nation has continued to maintain
the Shawnee Tribe's separate culture, language, religion, and
organization, and a separate membership roll.
(3) The Shawnee Tribe and the Cherokee Nation have
concluded that it is in the best interests of the Shawnee Tribe
and the Cherokee Nation that the Shawnee Tribe be restored to
its position as a separate federally recognized Indian tribe
and all current and historical responsibilities, jurisdiction,
and sovereignty as it relates to the Shawnee Tribe, the
Cherokee-Shawnee people, and their properties everywhere,
provided that civil and criminal jurisdiction over Shawnee
individually owned restricted and trust lands, Shawnee tribal
trust lands, dependent Indian communities, and all other forms
of Indian country within the jurisdictional territory of the
Cherokee Nation and located within the State of Oklahoma shall
remain with the Cherokee Nation, unless consent is obtained by
the Shawnee Tribe from the Cherokee Nation to assume all or any
portion of such jurisdiction.
(4) On August 12, 1996, the Tribal Council of the Cherokee
Nation unanimously adopted Resolution 96-09 supporting the
termination by the Secretary of the Interior of the 1869
Agreement.
(5) On July 23, 1996, the Shawnee Tribal Business Committee
concurred in such resolution.
(6) On March 13, 2000, a second resolution was adopted by
the Tribal Council of the Cherokee Nation (Resolution 15-00)
supporting the submission of this legislation to Congress for
enactment.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cherokee nation.--The term ``Cherokee Nation'' means
the Cherokee Nation, with its headquarters located in
Tahlequah, Oklahoma.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Shawnee Tribe,
known also as the ``Loyal Shawnee'' or ``Cherokee Shawnee'',
which was a party to the 1869 Agreement between the Cherokee
Nation and the Shawnee Tribe of Indians.
(4) Trust land.--The term ``trust land'' means land, the
title to which is held by the United States in trust for the
benefit of an Indian tribe or individual.
(5) Restricted land.--The term ``restricted land'' means
any land, the title to which is held in the name of an Indian
or Indian tribe subject to restrictions by the United States
against alienation.
SEC. 4. FEDERAL RECOGNITION, TRUST RELATIONSHIP, AND PROGRAM
ELIGIBILITY.
(a) Federal Recognition.--The Federal recognition of the Tribe and
the trust relationship between the United States and the Tribe are
hereby reaffirmed. Except as otherwise provided in this Act, the Act of
June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501 et seq.) (commonly known as
the ``Oklahoma Indian Welfare Act''), and all laws and rules of law of
the United States of general application to Indians, Indian tribes, or
Indian reservations which are not inconsistent with this Act shall
apply to the Tribe, and to its members and lands. The Tribe is hereby
recognized as an independent tribal entity, separate from the Cherokee
Nation or any other Indian tribe.
(b) Program Eligibility.--
(1) In general.--Subject to the provisions of this
subsection, the Tribe and its members are eligible for all
special programs and services provided by the United States to
Indians because of their status as Indians.
(2) Continuation of benefits.--Except as provided in
paragraph (3), the members of the Tribe who are residing on
land recognized by the Secretary to be within the Cherokee
Nation and eligible for Federal program services or benefits
through the Cherokee Nation shall receive such services or
benefits through the Cherokee Nation.
(3) Administration by tribe.--The Tribe shall be eligible
to apply for and administer the special programs and services
provided by the United States to Indians because of their
status as Indians, including such programs and services within
land recognized by the Secretary to be within the Cherokee
Nation, in accordance with applicable laws and regulations to
the same extent that the Cherokee Nation is eligible to apply
for and administer programs and services, but only--
(A) if the Cherokee Nation consents to the
operation by the Tribe of federally funded programs and
services;
(B) if the benefits of such programs or services
are to be provided to members of the Tribe in areas
recognized by the Secretary to be under the
jurisdiction of the Tribe and outside of land
recognized by the Secretary to be within the Cherokee
Nation, provided that those members are not receiving
such programs or services from another Indian tribe; or
(C) if under applicable provisions of Federal law,
the Cherokee Nation is not eligible to apply for and
administer such programs or services.
(4) Duplication of services not allowed.--The Tribe shall
not be eligible to apply for or administer any Federal programs
or services on behalf of Indian recipients if such recipients
are receiving or are eligible to receive the same federally
funded programs or services from the Cherokee Nation.
(5) Cooperative agreements.--Nothing in this section shall
restrict the Tribe and the Cherokee Nation from entering into
cooperative agreements to provide such programs or services and
such funding agreements shall be honored by Federal agencies,
unless otherwise prohibited by law.
SEC. 5. ESTABLISHMENT OF A TRIBAL ROLL.
(a) Approval of Base Roll.--Not later than 180 days after the date
of enactment of this Act, the Tribe shall submit to the Secretary for
approval its base membership roll, which shall include only individuals
who are not members of any other federally recognized Indian tribe or
who have relinquished membership in such tribe and are eligible for
membership under subsection (b).
(b) Base Roll Eligibility.--An individual is eligible for
enrollment on the base membership roll of the Tribe if that
individual--
(1) is on, or eligible to be on, the membership roll of
Cherokee Shawnees maintained by the Tribe prior to the date of
enactment of this Act which is separate from the membership
roll of the Cherokee Nation; or
(2) is a lineal descendant of any person--
(A) who was issued a restricted fee patent to land
pursuant to Article 2 of the Treaty of May 10, 1854,
between the United States and the Tribe (10 Stat.
1053); or
(B) whose name was included on the 1871 Register of
names of those members of the Tribe who moved to, and
located in, the Cherokee Nation in Indian Territory
pursuant to the Agreement entered into by and between
the Tribe and the Cherokee Nation on June 7, 1869.
(c) Future Membership.--Future membership in the Tribe shall be as
determined under the eligibility requirements set out in subsection
(b)(2) or under such future membership ordinance as the Tribe may
adopt.
SEC. 6. ORGANIZATION OF THE TRIBE; TRIBAL CONSTITUTION.
(a) Existing Constitution and Governing Body.--The existing
constitution and bylaws of the Cherokee Shawnee and the officers and
members of the Shawnee Tribal Business Committee, as constituted on the
date of enactment of this Act, are hereby recognized respectively as
the governing documents and governing body of the Tribe.
(b) Constitution.--Notwithstanding subsection (a), the Tribe shall
have a right to reorganize its tribal government pursuant to section 3
of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 503).
SEC. 7. TRIBAL LAND.
(a) Land Acquisition.--
(1) In general.--The Tribe shall be eligible to have land
acquired in trust for its benefit pursuant to section 5 of the
Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 465) and section
1 of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C. 501).
(2) Certain land in oklahoma.--Notwithstanding any other
provision of law but subject to subsection (b), if the Tribe
transfers any land within the boundaries of the State of
Oklahoma to the Secretary, the Secretary shall take such land
into trust for the benefit of the Tribe.
(b) Restriction.--No land recognized by the Secretary to be within
the Cherokee Nation or any other Indian tribe may be taken into trust
for the benefit of the Tribe under this section without the consent of
the Cherokee Nation or such other tribe, respectively.
SEC. 8. JURISDICTION.
(a) In General.--The Tribe shall have jurisdiction over trust land
and restricted land of the Tribe and its members to the same extent
that the Cherokee Nation has jurisdiction over land recognized by the
Secretary to be within the Cherokee Nation and its members, but only if
such land--
(1) is not recognized by the Secretary to be within the
jurisdiction of another federally recognized tribe; or
(2) has been placed in trust or restricted status with the
consent of the federally recognized tribe within whose
jurisdiction the Secretary recognizes the land to be, and only
to the extent that the Tribe's jurisdiction has been agreed to
by that host tribe.
(b) Rule of Construction.--Nothing in this Act shall be construed
to diminish or otherwise limit the jurisdiction of any Indian tribe
that is federally recognized on the day before the date of enactment of
this Act over trust land, restricted land, or other forms of Indian
country of that Indian tribe on such date.
SEC. 9. INDIVIDUAL INDIAN LAND.
Nothing in this Act shall be construed to affect the restrictions
against alienation of any individual Indian's land and those
restrictions shall continue in force and effect.
SEC. 10. TREATIES NOT AFFECTED.
No provision of this Act shall be construed to constitute an
amendment, modification, or interpretation of any treaty to which a
tribe mentioned in this Act is a party nor to any right secured to such
a tribe or to any other tribe by any treaty.
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