Page 221 TITLE 25—INDIANS § 566b

(Pub. L. 89–224, §5, Oct. 1, 1965, 79 Stat. 898.)

§ 565e. Costs

The costs of distribution may be paid out of

the deductions authorized by sections 565a and

565c of this title. Any unused portion of such

amounts shall remain in the United States

Treasury to the credit of the Klamath Tribe.

(Pub. L. 89–224, §6, Oct. 1, 1965, 79 Stat. 898.)

§ 565f. Taxes

None of the funds distributed pursuant to this

subchapter shall be subject to Federal or State

income tax.

(Pub. L. 89–224, §7, Oct 1, 1965, 79 Stat. 898.)

§ 565g. Rules and regulations

The Secretary is authorized to prescribe rules

and regulations to carry out the provisions of

this subchapter.

(Pub. L. 89–224, §8, Oct. 1, 1965, 79 Stat. 898.)

SUBCHAPTER XIV–A—KLAMATH TRIBE:

RESTORATION OF FEDERAL SUPERVISION

§ 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.

(Pub. L. 99–398, §2, Aug. 27, 1986, 100 Stat. 849;

Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)

REFERENCES IN TEXT

Act approved August 13, 1954, referred to in subsec.

(b), is act Aug. 13, 1954, ch. 732, 68 Stat. 718, as amended,

which is classified generally to subchapter XIII (§564 et

seq.) of this chapter. For complete classification of this

Act to the Code, see Tables.

The Indian Tribal Government Tax Status Act (Sec.

7871, I.R.C. 1986), referred to in subsec. (c), probably

means the Indian Tribal Governmental Tax Status Act

of 1982, which is title II of Pub. L. 97–473, Jan. 14, 1983,

96 Stat. 2607, as amended, and 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.

AMENDMENTS

1986—Subsec. (c). Pub. L. 99–514 substituted ‘‘I.R.C.

1986’’ meaning Internal Revenue Code of 1986 for ‘‘I.R.C.

1954’’ meaning Internal Revenue Code of 1954.

SHORT TITLE

Section 1 of Pub. L. 99–398 provided that: ‘‘This Act

[enacting this subchapter] may be cited as the ‘Klamath Indian Tribe Restoration Act’.’’

§ 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.

(Pub. L. 99–398, §3, Aug. 27, 1986, 100 Stat. 850.)

§ 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,