TITLE 25 - US CODE - SUBCHAPTER XIVA - KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION

25 USC 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.

25 USC 566a - Tribe Constitution and Bylaws

The tribes 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.

25 USC 566b - Conservation and development of lands

(a) In general 
Notwithstanding the tribes 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.

25 USC 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.

25 USC 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.

25 USC 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.

25 USC 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).

25 USC 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.

25 USC 566h - Regulations

The Secretary may make such rules and regulations as are necessary to carry out the purposes of this subchapter.