§ 861b TITLE 25—INDIANS Page 318

in Oklahoma and the provisions of the Act of

June 26, 1936, as amended (49 Stat. 1967; 25 U.S.C.

501–509), are hereby extended to such tribe and

its members. The Secretary of the Interior shall

promptly offer the said Modoc Tribe assistance

to aid them in organizing under section 3 of said

Act of June 26, 1936 (25 U.S.C. 503).

(2) The provisions of the Act of August 13, 1954

(68 Stat. 718; 25 U.S.C. 564–564w), hereafter shall

not apply to the Modoc Tribe of Oklahoma or its

members except for any right to share in the

proceeds of any claim against the United States

as provided in sections 6(c) and 21 of said Act, as

amended [25 U.S.C. 564e(c), 564t].

(3) The Modoc Indian Tribe of Oklahoma shall

consist of those Modoc Indians who are direct

lineal descendants of those Modocs removed to

Indian territory (now Oklahoma) in November

1873, and who did not return to Klamath, Oregon, pursuant to the Act of March 9, 1909 (35

Stat. 751), as determined by the Secretary of the

Interior, and the descendants of such Indians

who otherwise meet the membership requirements adopted by the tribe.

(b) Ottawa and Peoria Tribes; extension of Federal assistance

The Secretary of the Interior shall promptly

offer the Ottawa Tribe of Oklahoma and the Peoria Tribe of Oklahoma assistance to aid them

in reorganizing under section 3 of the Act of

June 26, 1936 (49 Stat. 1967; 25 U.S.C. 503), which

Act [25 U.S.C. 501 et seq.] is re-extended to them

and their members by this subchapter.

(c) Wyandotte Tribe; confirmation of validity of

organization and continuation

The validity of the organization of the Wyandotte Indian Tribe of Oklahoma under section 3

of the Act of June 26, 1936 (49 Stat. 1967; 25 U.S.C.

503), and the continued application of said Act

[25 U.S.C. 501 et seq.] to such tribe and its members is hereby confirmed.

(Pub. L. 95–281, §2, May 15, 1978, 92 Stat. 246.)

REFERENCES IN TEXT

Act of June 26, 1936, referred to in subsecs. (a)(1), (b),

and (c), popularly known as the Oklahoma Welfare Act,

is classified generally to subchapter VIII (§501 et seq.)

of this chapter. For complete classification of this Act

to the Code, see Short Title note set out under section

501 of this title and Tables.

Act of August 13, 1954, referred to in subsec. (a)(2), 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.

Act of March 9, 1909, referred to in subsec. (a)(3),

probably means the act of Mar. 3, 1909, ch. 253, 35 Stat.

751, which was not classified to the Code.

This subchapter, referred to in subsec. (b), was in the

original ‘‘this Act’’, meaning Pub. L. 95–281, May 15,

1978, 92 Stat. 246, which enacted this subchapter and repealed subchapter XXXV (§791 et seq.), subchapter

XXXVI (§821 et seq.), and subchapter XXXVII (§841 et

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

Act to the Code, see Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 566 of this title.

§ 861b. Restoration of supervision as fulfilling

other Federal statutory requirements

(a) Wyandotte, Peoria, and Ottawa Tribes; right

or interest in tribal land

It is hereby declared that enactment of this

subchapter fulfills the requirements of the first

proviso in section 2 of the Act of January 2, 1975

(88 Stat. 1920, 1921), with respect to the Wyandotte Tribe of Oklahoma, the Ottawa Tribe of

Oklahoma, and the Peoria Tribe of Oklahoma.

(b) Modoc Tribe; right or interest in tribal land

It is hereby declared that the organization of

the Modoc Tribe of Oklahoma as provided in

subsection (a) of this section shall fulfill the requirements of the second proviso in section 2 of

the Act of January 2, 1975 (88 Stat. 1920, 1921).

(c) Modoc Tribe; publication of notice in Federal

Register of organization for purposes of compliance

Promptly after organization of the Modoc

Tribe of Oklahoma, the Secretary of the Interior

shall publish a notice of such fact in the Federal

Register including a statement that such organization completes fulfillment of the requirements of the provisos in section 2 of the Act of

January 2, 1975 (88 Stat. 1920, 1921), and that the

land described in section 1 of said Act is held in

trust by the United States for the eight tribes

named in said Act.

(Pub. L. 95–281, §3, May 15, 1978, 92 Stat. 247.)

REFERENCES IN TEXT

This subchapter, referred to in subsec. (a), was in the

original ‘‘this Act’’, meaning Pub. L. 95–281, May 15,

1978, 92 Stat. 246, which enacted this subchapter and repealed subchapter XXXV (§791 et seq.), subchapter

XXXVI (§821 et seq.), and subchapter XXXVII (§841 et

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

Act to the Code, see Tables.

Act of January 2, 1975, referred to in text, is Pub. L.

93–588, Jan. 2, 1975, 88 Stat. 1920, and is not classified to

this Code. The provisos in section 2 of such Act relate

to right or interest in tribal land of the enumerated

tribes.

§ 861c. Programs and services by United States;

participation in by tribes as result of return

to status as Indians

The Wyandotte, Ottawa, Peoria, and Modoc

Tribes of Oklahoma and their members shall be

entitled to participate in the programs and services provided by the United States to Indians because of their status as Indians, including, but

not limited to, those under section 13 of this

title, and for purposes of sections 2005 to 2005f of

title 42. The members of such tribes shall be

deemed to be Indians for which hospital and

medical care was being provided by or at the expense of the Public Health Service on August 16,

1957.

(Pub. L. 95–281, §4, May 15, 1978, 92 Stat. 247.)

SUBCHAPTER XXXVIII—OTOE AND

MISSOURIA INDIANS

§ 871. Membership roll; preparation; eligibility

for enrollment; finality of determination

The Secretary of the Interior is authorized and

directed to prepare a roll of the Indians of the