§ 566c TITLE 25—INDIANS Page 222

1934 (43 Stat. 987; 25 U.S.C. 476), for the purpose

of adopting a new constitution for the tribe.

(Pub. L. 99–398, §4, Aug. 27, 1986, 100 Stat. 850.)

REFERENCES IN TEXT

Act of June 18, 1934, referred to in text, popularly

known as the Indian Reorganization Act, is classified

generally to subchapter V (§461 et seq.) of this chapter.

For complete classification of this Act to the Code, see

Short Title note set out under section 461 of this title

and Tables.

§ 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.

(Pub. L. 99–398, §5, Aug. 27, 1986, 100 Stat. 850.)

§ 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.

(Pub. L. 99–398, §6, Aug. 27, 1986, 100 Stat. 850.)

§ 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.

(Pub. L. 99–398, §7, Aug. 27, 1986, 100 Stat. 850.)

§ 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).

(Pub. L. 99–398, §8, Aug. 27, 1986, 100 Stat. 850.)

§ 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.

(Pub. L. 99–398, §9, Aug. 27, 1986, 100 Stat. 851.)