The text of the bill below is as of Sep 7, 2000 (Introduced). The bill was not enacted into law.
S 3019 IS
106th CONGRESS
2d Session
S. 3019
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 SENATE OF THE UNITED STATES
September 7, 2000
September 7, 2000
Mr. INHOFE introduced the following bill; which was read twice and referred to the Committee on Indian Affairs
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, 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 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 referred to in this Act is a party nor to any right secured to such a tribe or to any other tribe by any treaty.
