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U.S. Code as of:
01/19/04
Section 1041. 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
pursuant 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 incorporation and its
merger with the Cherokee Nation has continued to maintain the
Shawnee Tribe's separate culture, language, religion, and
organization, and a separate membership roll.
(3) The Shawnee Tribe and the Cherokee Nation 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 jurisdiction 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
portion of such jurisdiction.
(4) On August 12, 1996, the Tribal Council of the Cherokee
Nation unanimously adopted Resolution 96-09 supporting the
termination by the Secretary 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 submission of this legislation to Congress for
enactment.
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