I
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 Representa-
tives 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 pursu-
ant 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 in-
corporation and its merger with the Cherokee Na-
tion has continued to maintain the Shawnee Tribe’s
separate culture, language, religion, and organiza-
tion, and a separate membership roll.
(3) The Shawnee Tribe and the Cherokee Na-
tion 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 jurisdic-
tion 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 por-
tion of such jurisdiction.
(4) On August 12, 1996, the Tribal Council of
the Cherokee Nation unanimously adopted Resolu-
tion 96–09 supporting the termination by the Sec-
retary 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 submis-
sion 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 head-
quarters 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 re-
strictions by the United States against alienation.
SEC. 4. FEDERAL RECOGNITION, TRUST RELATIONSHIP,
AND PROGRAM ELIGIBILITY.
(a) FEDERAL RECOGNITION.—The Federal recogni-
tion 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 appli-
cation 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 eligi-
ble 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 bene-
fits through the Cherokee Nation.
(3) ADMINISTRATION
BY
TRIBE.—The Tribe
shall be eligible to apply for and administer the spe-
cial 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 Cher-
okee Nation, in accordance with applicable laws and
regulations to the same extent that the Cherokee
Nation is eligible to apply for and administer pro-
grams and services, but only—