Page:United States Statutes at Large Volume 114 Part 5.djvu/900

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114 STAT. 2914 PUBLIC LAW 106-568—DEC. 27, 2000 (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. 25 USC 1041b. SEC. 704. FEDERAL RECOGNITION, TRUST RELATIONSfflP, AND PRO- GRAM 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 title, 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 title 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