(A) if the Cherokee Nation consents to the
operation by the Tribe of federally funded pro-
grams 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 mem-
bers are not receiving such programs or services
from another Indian tribe; or
(C) if under applicable provisions of Fed-
eral law, the Cherokee Nation is not eligible to
apply for and administer such programs or
services.
(4) DUPLICATION
OF
SERVICES
NOT
AL-
LOWED.—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 re-
ceiving or are eligible to receive the same federally
funded programs or services from the Cherokee Na-
tion.
(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 mem-
bership 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 eligi-
ble 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 Cher-
okee 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 re-
quirements set out in subsection (b)(2) or under such fu-
ture membership ordinance as the Tribe may adopt.
SEC. 6. ORGANIZATION OF THE TRIBE; TRIBAL CONSTITU-
TION.
(a) EXISTING
CONSTITUTION
AND
GOVERNING
BODY.—The existing constitution and bylaws of the Cher-
okee Shawnee and the officers and members of the Shaw-
nee Tribal Business Committee, as constituted on the date
of enactment of this Act, are hereby recognized respec-
tively 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.—Notwith-
standing 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 Sec-
retary, the Secretary shall take such land into trust
for the benefit of the Tribe.
(b) RESTRICTION.—No land recognized by the Sec-
retary to be within the Cherokee Nation or any other In-
dian tribe may be taken into trust for the benefit of the
Tribe under this section without the consent of the Cher-
okee 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 recog-
nized 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 juris-
diction 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 ef-
fect.
SEC. 10. TREATIES NOT AFFECTED.
No provision of this Act shall be construed to con-
stitute an amendment, modification, or interpretation of
any treaty to which a tribe mentioned in this Act is a party