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U.S. Code as of:
01/19/04
Section 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.
(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.
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