[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.
                                 <all>