§ 715a TITLE 25—INDIANS Page 296

1So in original. Probably should be capitalized.

§ 715a. Restoration of Federal recognition, rights,

and privileges

(a) Federal recognition

Notwithstanding any provision of law, Federal

recognition is hereby extended to the Coquille

Indian Tribe. Except as otherwise provided herein, all laws and regulations of general application to Indians or nations, tribes, or bands of Indians that 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

Except as provided in subsection (d) of this

section, all rights and privileges of this Tribe

and of its Members under any Federal treaty,

Executive order, agreement or statute or under

any other authority, which were diminished or

lost under the Act of August 13, 1954 (68 Stat.

724) [25 U.S.C. 691 et seq.], are hereby restored

and provisions of said Act shall be inapplicable

to the Tribe and its Members after June 28, 1989.

(c) Federal services and benefits

Notwithstanding any other provision of law

and without regard to the existence of a reservation, the Tribe and its Members shall be eligible,

on and after June 28, 1989, for all Federal services and benefits furnished to federally recognized Indian tribes or their members. In the case

of Federal services available to members of federally recognized tribes residing on a reservation, Members of the Tribe in the Tribe’s service

area shall be deemed to be residing on a reservation. 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 (26 U.S.C. 7871).

(d) Hunting, fishing, trapping, and water rights

Nothing in this subchapter shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water right of the

Tribe and its Members.

(e) Indian Reorganization Act applicability

The Act of June 18, 1934 (48 Stat. 984), as

amended [25 U.S.C. 461 et seq.], shall be applicable to the Tribe and its Members.

(f) Certain rights not altered

Except as specifically provided in this subchapter, nothing in this subchapter shall alter

any property right or obligation, any contractual right or obligation, or any obligation for

taxes levied.

(Pub. L. 101–42, §3, June 28, 1989, 103 Stat. 91.)

REFERENCES IN TEXT

Act of August 13, 1954, referred to in subsec. (b), is act

Aug. 13, 1954, ch. 733, 68 Stat. 724, which is classified

generally to subchapter XXX (§691 et seq.) of this chapter. For complete classification of this Act to the Code,

see Tables.

The Indian Tribal Government Tax Status Act, referred to in subsec. (c), probably means the Indian Tribal Governmental Tax Status Act of 1982, title II of Pub.

L. 97–473, Jan. 14, 1983, 96 Stat. 2607, as amended, which

is classified principally to subchapter C (§7871) of chapter 80 of Title 26, Internal Revenue Code. For complete

classification of this Act to the Code, see Short Title of

1983 Amendments note set out under section 1 of Title

26 and Tables.

Act of June 18, 1934, referred to in subsec. (e), 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.

§ 715b. Economic development

(a) Plan for economic development

The Secretary shall—

(1) enter into negotiations with the governing body of the Tribe with respect to establishing a plan for economic development for

this Tribe;

(2) in accordance with this section and not

later than two years after the adoption of a

tribal constitution as provided in section 715g

of this title, develop such a plan; and

(3) upon the approval of such plan by the

governing body of the Tribe, submit such plan

to the Congress.

(b) Restrictions to be contained in plan

Any proposed transfer of real property contained in the plan developed by the Secretary

under subsection (a) of this section shall be consistent with the requirements of section 715c of

this title.

(Pub. L. 101–42, §4, June 28, 1989, 103 Stat. 92.)

§ 715c. Transfer of land to be held in trust

(a) Lands to be taken in trust

The Secretary shall accept any real property

located in Coos and Curry Counties not to exceed one thousand acres for the benefit of the

Tribe if conveyed or otherwise transferred to the

Secretary: Provided, That, at the time of such

acceptance, there are no adverse legal claims on

such property including outstanding liens, mortgages, or taxes owed. The Secretary may accept

any additional acreage in the Tribe’s service

area pursuant to his authority under the Act of

June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.].

(b) Lands to be part of reservation

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 its reservation.

(c) Lands to be nontaxable

Any real property taken into trust for the benefit of the Tribe under this section shall be exempt from all local, State, and Federal taxation

as of the date of transfer.

(d) Creation of Coquille Forest

(1) Definitions

In this subsection:

(A) the 1 term ‘‘Coquille Forest’’ means

certain lands in Coos County, Oregon, comprising approximately 5,400 acres, as generally depicted on the map entitled ‘‘Coquille

Forest Proposal’’, dated July 8, 1996.

(B) the 1 term ‘‘Secretary’’ means the Secretary of the Interior.

(C) the 1 term ‘‘the Tribe’’ means the

Coquille Tribe of Coos County, Oregon.

(2) Map

The map described in subparagraph (d)(1)(A),

and such additional legal descriptions which