Page 317 TITLE 25—INDIANS § 861a

Section 826, act Aug. 2, 1956, ch. 881, §6, 70 Stat. 938,

related to preparation and publication of membership

roll.

SUBCHAPTER XXXVII—OTTAWA TRIBE OF

OKLAHOMA: TERMINATION OF FEDERAL

SUPERVISION

§§ 841 to 853. Repealed. Pub. L. 95–281, § 1(b)(3),

May 15, 1978, 92 Stat. 246

Section 841, act Aug. 3, 1956, ch. 909, §1, 70 Stat. 963,

set out purpose of sections 841 to 853 of this title as termination of Federal supervision and services for tribe.

Section 842, act Aug. 3, 1956, ch. 909, §2, 70 Stat. 963,

related to transfers of individual property to members

of tribe.

Section 843, act Aug. 3, 1956, ch. 909, §3, 70 Stat. 963,

provided for applicability of probate laws to property of

deceased members.

Section 844, act Aug. 3, 1956, ch. 909, §4, 70 Stat. 964,

provided for protection by Secretary of minors, etc.,

prior to transfers or removal of restrictions on property.

Section 845, act Aug. 3, 1956, ch. 909, §5, 70 Stat. 964,

provided for availability of tribal funds for advances or

expenditures.

Section 846, act Aug. 3, 1956, ch. 909, §6, 70 Stat. 964,

authorized Secretary to execute patents, deeds, etc., as

necessary for implementation of provisions for termination of supervision.

Section 847, act Aug. 3, 1956, ch. 909, §7, 70 Stat. 964,

provided for nonabrogation by termination of supervision of any valid lease, permit, license, etc.

Section 848, act Aug. 3, 1956, ch. 909, §8, 70 Stat. 964,

related to procedures for termination of Federal trust

and services for tribe and individual members.

Section 849, act Aug. 3, 1956, ch. 909, §9, 70 Stat. 965,

provided for revocation of tribal corporate charter and

termination of Federal powers over tribe.

Section 850, act Aug. 3, 1956, ch. 909, §10, 70 Stat. 965,

provided for termination of supervision as not affecting

prior claims filed by tribe against United States.

Section 851, act Aug. 3, 1956, ch. 909, §11, 70 Stat. 965,

provided for nonabrogation by termination of supervision of tribal or individual water rights.

Section 852, act Aug. 3, 1956, ch. 909, §12, 70 Stat. 965,

authorized Secretary to issue rules and regulations and

hold referendums for implementation of provisions relating to termination of supervision.

Section 853, act Aug. 3, 1956, ch. 909, §15, 70 Stat. 965,

related to preparation and publication of membership

roll.

REPEAL OF INCONSISTENT LAWS

Section 13 of act Aug. 3, 1956, which related to repeal

of inconsistent Acts, etc., was repealed by Pub. L.

95–281, §1(b)(3), May 15, 1978, 92 Stat. 246.

SEPARABILITY

Section 14 of act Aug. 3, 1956, which provided for validity of remainder of act of Aug. 3, 1956, in event of determination of invalidity of any part of such act, was

repealed by Pub. L. 95–281, §1(b)(3), May 15, 1978, 92

Stat. 246.

SUBCHAPTER XXXVII–A—WYANDOTTE, PEORIA, OTTAWA, AND MODOC TRIBES OF

OKLAHOMA: RESTORATION OF FEDERAL

SUPERVISION

§ 861. Federal recognition of Wyandotte, Ottawa,

and Peoria Tribes

(a) Extension or confirmation

Federal recognition is hereby extended or confirmed with respect to the Wyandotte Indian

Tribe of Oklahoma, the Ottawa Indian Tribe of

Oklahoma, and the Peoria Indian Tribe of Oklahoma, the provisions of the Acts repealed by

subsection (b) of this section notwithstanding.

(b) Repeal of provisions terminating Federal supervision

The following Acts are hereby repealed:

(1) the Act of August 1, 1956 (70 Stat. 893; 25

U.S.C. 791–807), relating to the Wyandotte

Tribe;

(2) the Act of August 2, 1956 (70 Stat. 937; 25

U.S.C. 821–826), relating to the Peoria Tribe;

and

(3) the Act of August 3, 1956 (70 Stat. 963; 25

U.S.C. 841–853), relating to the Ottawa Tribe.

(c) Tribal rights and privileges; reinstatement

and continuation

There are hereby reinstated all rights and

privileges of each of the tribes described in subsection (a) of this section and their members

under Federal treaty, statute, or otherwise

which may have been diminished or lost pursuant to the Act relating to them which is repealed by subsection (b) of this section. Nothing

contained in this subchapter shall diminish any

rights or privileges enjoyed by each of such

tribes or their members now or prior to enactment of such Act, under Federal treaty, statute,

or otherwise, which are not inconsistent with

the provisions of this subchapter.

(d) Continuation of property or contractual

rights or obligations and tax obligations

Except as specifically provided in this subchapter, nothing contained in this subchapter

shall alter any property rights or obligations,

any contractual rights or obligations, including

existing fishing rights, or any obligation for

taxes already levied.

(Pub. L. 95–281, §1, May 15, 1978, 92 Stat. 246.)

REFERENCES IN TEXT

Act of August 1, 1956, referred to in subsec. (b)(1), is

act Aug. 1, 1956, ch. 843, 70 Stat. 893, which was classified generally to subchapter XXXV (§791 et seq.) of this

chapter prior to its repeal by subsec. (b)(1) of this section. For complete classification of this Act to the

Code, see Tables.

Act of August 2, 1956, referred to in subsec. (b)(2), is

act Aug. 2, 1956, ch. 881, 70 Stat. 937, which was classified generally to subchapter XXXVI (§821 et seq.) of

this chapter prior to its repeal by subsec. (b)(2) of this

section. For complete classification of this Act to the

Code, see Tables.

Act of August 3, 1956, referred to in subsec. (b)(3), is

act Aug. 3, 1956, ch. 909, 70 Stat. 963, which was classified to subchapter XXXVII (§841 et seq.) of this chapter

prior to its repeal by subsec. (b)(3) of this section. For

complete classification of this Act to the Code, see

Tables.

This subchapter, referred to in subsecs. (c) and (d),

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.

§ 861a. Organization of tribes

(a) Modoc Tribe; extension of Federal recognition and assistance; applicability of provisions relating to Klamath Tribe; membership

requirements

(1) The Modoc Indian Tribe of Oklahoma is

hereby recognized as a tribe of Indians residing
§ 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