TITLE 25 - US CODE - SUBCHAPTER XLIXA - SHAWNEE TRIBE STATUS

25 USC 1041 - 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 Tribes 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 9609 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 1500) supporting the submission of this legislation to Congress for enactment.

25 USC 1041a - Definitions

In this subchapter:
(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.

25 USC 1041b - 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 subchapter, 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 subchapter 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, so long as 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 Indians[1] 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.
[1] So in original. Probably should be “Indian”.

25 USC 1041c - Establishment of a tribal roll

(a) Approval of base roll 
Not later than 180 days after December 27, 2000, 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) of this section.
(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 December 27, 2000, 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) of this section or under such future membership ordinance as the Tribe may adopt.

25 USC 1041d - 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 December 27, 2000, are hereby recognized respectively as the governing documents and governing body of the Tribe.
(b) Constitution 
Notwithstanding subsection (a) of this section, the Tribe shall have a right to reorganize its tribal government pursuant to section 503 of this title.

25 USC 1041e - Tribal land

(a) Land acquisition 
The Tribe shall be eligible to have land acquired in trust for its benefit pursuant to section 465 of this title and section 501 of this title.
(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.

25 USC 1041f - 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 Tribes jurisdiction has been agreed to by that host tribe.
(b) Rule of construction 
Nothing in this subchapter shall be construed to diminish or otherwise limit the jurisdiction of any Indian tribe that is federally recognized on the day before December 27, 2000, over trust land, restricted land, or other forms of Indian country of that Indian tribe on such date.

25 USC 1041g - Individual Indian land

Nothing in this subchapter shall be construed to affect the restrictions against alienation of any individual Indians land and those restrictions shall continue in force and effect.

25 USC 1041h - Treaties not affected

No provision of this subchapter shall be construed to constitute an amendment, modification, or interpretation of any treaty to which a tribe referred to in this subchapter is a party nor to any right secured to such a tribe or to any other tribe by any treaty.