
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1041b]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
                 SUBCHAPTER XLIX-A--SHAWNEE TRIBE STATUS
 
Sec. 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.
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    \1\ So in original. Probably should be ``Indian''.
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                     (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.

(Pub. L. 106-568, title VII, Sec. 704, Dec. 27, 2000, 114 Stat. 2914.)

                       References in Text

    The Oklahoma Indian Welfare Act, referred to in subsec. (a), is act 
June 26, 1936, ch. 831, 49 Stat. 1967, as amended, also popularly known 
as the Oklahoma Welfare Act, which is classified generally to subchapter 
VIII (Sec. 501 et seq.) of this chapter. For complete classification of 
this Act to the Code, see Short Title note set out under section 501 of 
this title and Tables.
