[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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 serv
