Section 566. Restoration of Federal recognition, rights, and privileges
(a) Federal recognition
Notwithstanding any provision of law, Federal recognition is
hereby extended to the tribe and to members of the tribe. Except
as otherwise provided in this subchapter, all laws and regulations
of the United States of general application to Indians or nations,
tribes, or bands of Indians which are not inconsistent with any
specific provision of this subchapter shall be applicable to the
tribe and its members.
(b) Restoration of rights and privileges
All rights and privileges of the tribe and the members of the
tribe under any Federal treaty, Executive order, agreement, or
statute, or any other Federal authority, which may have been
diminished or lost under the Act entitled ''An Act to provide for
the termination of Federal supervision over the property of the
Klamath Tribe of Indians located in the State of Oregon and the
individual members thereof, and for other purposes'', approved
August 13, 1954 (25 U.S.C. 564 et seq.), are restored, and the
provisions of such Act, to the extent that they are inconsistent
with this subchapter, shall be inapplicable to the tribe and to
members of the tribe after August 27, 1986.
(c) Federal services and benefits
Notwithstanding any other provision of law, the tribe and its
members shall be eligible, on and after August 27, 1986, for all
Federal services and benefits furnished to federally recognized
Indian tribes or their members without regard to the existence of a
reservation for the tribe. In the case of Federal services
available to members of federally recognized Indian tribes residing
on or near a reservation, members of the tribe residing in Klamath
County shall be deemed to be residing in or near a reservation.
Any member residing in Klamath County shall continue to be eligible
to receive any such Federal service notwithstanding the
establishment of a reservation for the tribe in the future.
Notwithstanding any other provision of law, the tribe shall be
considered an Indian tribe for the purpose of the ''Indian Tribal
Government Tax Status Act'' (Sec. 7871, I.R.C. 1986).
(d) Certain rights not altered
Nothing in this subchapter shall alter any property right or
obligation, any contractual right or obligation, or any obligation
for taxes already levied.
(e) Modoc Indian Tribe of Oklahoma
This subchapter does not apply to the members of the Modoc Indian
Tribe of Oklahoma as recognized under section 861a(a) of this title
and the Klamath Tribe of Indians does not (except for the purposes
set out in section 861a(a)(1) of this title) include the members of
the Modoc Indian Tribe of Oklahoma.
Section 566a. Tribe Constitution and Bylaws
The tribe's Constitution and Bylaws shall remain in full force
and effect and nothing in this subchapter shall affect the power of
the General Council to take any action under the Constitution and
Bylaws.
Section 566b. Conservation and development of lands
(a) In general
Notwithstanding the tribe's previous rejection of the Act of June
18, 1934 (25 U.S.C. 461 et seq.), upon written request of the
General Council, the Secretary of the Interior shall conduct a
special election pursuant to section 18 of such Act (25 U.S.C. 478)
to determine if such Act should be applicable to the tribe.
(b) Adoption of constitution
Upon written request of the General Council, the Secretary shall
conduct an election pursuant to section 16 of the Act approved on
June 18, 1934 (43 Stat. 987; 25 U.S.C. 476), for the purpose of
adopting a new constitution for the tribe.
Section 566c. Hunting, fishing, trapping, and water rights
Nothing in this subchapter shall affect in any manner any
hunting, fishing, trapping, gathering, or water right of the tribe
and its members.
Section 566d. Transfer of land to be held in trust
The Secretary shall accept real property for the benefit of the
tribe if conveyed or otherwise transferred to the Secretary. Such
property shall be subject to all valid existing rights including
liens, outstanding taxes (local and State), and mortgages. Subject
to the conditions imposed by this section, the land transferred
shall be taken in the name of the United States in trust for the
tribe and shall be part of their reservation. The transfer of real
property authorized by this section shall be exempt from all local,
State, and Federal taxation as of the date of transfer.
Section 566e. Criminal and civil jurisdiction
The State shall exercise criminal and civil jurisdiction within
the boundaries of the reservation, in accordance with section 1162
of title 18 and section 1360 of title 28, respectively.
Section 566f. Economic development
(a) Plan for economic self-sufficiency
The Secretary shall -
(1)(A) enter into negotiations with the Executive Committee of
the General Council with respect to establishing a plan for
economic development for the tribe; and
(B) in accordance with this section and not later than two
years after August 27, 1986, develop such a plan.
(2) Upon the approval of such plan by the General Council (and
after consultation with the State and local officials pursuant to
subsection (b) of this section), the Secretary shall submit such
plan to the Congress.
(b) Consultation with State and local officials required
To assure that legitimate State and local interests are not
prejudiced by the proposed economic self-sufficiency plan, the
Secretary shall notify and consult with the appropriate officials
of the State and all appropriate local governmental officials in
the State. The Secretary shall provide complete information on the
proposed plan to such officials, including the restrictions on such
proposed plan imposed by subsection (c) of this section. During
any consultation by the Secretary under this subsection, the
Secretary shall provide such information as the Secretary may
possess, and shall request comments and additional information on
the extent of any State or local service to the tribe.
(c) Restrictions to be contained in plan
Any plan developed by the Secretary under subsection (a) of this
section shall provide that -
(1) any real property transferred by the tribe or any member to
the Secretary shall be taken and held in the name of the United
States for the benefit of the tribe;
(2) any real property taken in trust by the Secretary pursuant
to such plan shall be subject to -
(A) all legal rights and interests in such land existing at
the time of the acquisition of such land by the Secretary,
including any lien, mortgage, or previously levied and
outstanding State or local tax; and
(B) foreclosure or sale in accordance with the laws of the
State pursuant to the terms of any valid obligation in
existence at the time of the acquisition of such land by the
Secretary; and
(3) any real property transferred pursuant to such plan shall
be exempt from Federal, State, and local taxation of any kind.
(d) Appendix to plan submitted to Congress
The Secretary shall append to the plan submitted to the Congress
under subsection (a) of this section a detailed statement -
(1) naming each individual and official consulted in accordance
with subsection (b) of this section;
(2) summarizing the testimony received by the Secretary
pursuant to any such consultation; and
(3) including any written comments or reports submitted to the
Secretary by any party named in paragraph (1).
Section 566g. Definitions
For the purposes of this subchapter the following definitions
apply:
(1) The term ''tribe'' means the Klamath Tribe consisting of
the Klamath and Modoc Tribes of Oregon and the Yahooskin Band of
Snake Indians.
(2) The term ''member'' means those persons eligible for
enrollment under the Constitution and Bylaws of the Klamath
Tribe.
(3) The term ''Secretary'' means the Secretary of the Interior
or his designated representative.
(4) The term ''State'' means the State of Oregon.
(5) The term ''Constitution and Bylaws'' means the Constitution
and Bylaws of the Klamath Tribe of Indians in effect on August
27, 1986.
(6) The term ''General Council'' means the governing body of
the tribe under the Constitution and Bylaws.
Section 566h. Regulations
The Secretary may make such rules and regulations as are
necessary to carry out the purposes of this subchapter.