text: 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.
target: Makes the Tribe and its members eligible for all special programs and services provided by the United States to Indians.
  Requires the Tribe to submit its base membership roll to the Secretary of the Interior for approval.
  Recognizes the Tribe's constitution and bylaws and governing body.
  Makes the Tribe eligible to have land acquired in trust for its benefit.
  Grants the Tribe jurisdiction over its and its members' trust and restricted land.
feat_title: Shawnee Tribe Status Act of 2000