An Act to reinstate the Modoc, Wyandotte, Peoria, and Ottawa Indian Tribes of Oklahoma as federally supervised and recognized Indian tribes.
PL 95-281 (S.661), enacted 05/15/1978

92 STAT. 246 
PUBLIC LAW 95-281—MAY 15, 1978 
Public Law 95-
95th Congress 
•281 
An Act 
May 15, 1978 
[S. 661] 
Indian Tribes of 
Oklahoma, 
reinstatement. 
25 use 861. 
Repeals. 
Rights and 
privileges. 
Modoc Indian 
Tribe. 
25 use 861a. 
Einization 
assistance. 
Tribal 
membership. 
To reinstate the Modoc, Wyandotte, Peoria, and Ottawa Indian Tribes of Okla-
homa as federally supervised and recognized Indian tribes. 
Be it enacted hy the Seiiate and House of Reiyresentatives 
of the 
United States of America 
in Congress a^semhled^ That (a) Federal 
recognition is hereby extended or confirmed with respect to the Wyan-
dotte Indian Tribe of Oklahoma, the Ottawa Indian Tribe of Okla-
homa, and the Peoria Indian Tribe of Oklahoma, the provisions of the 
Acts repealed by subsection (b) of this section notwithstanding. 
(b) The following Acts are hereby repealed: 
(1) the Act of August 1,1956 (70 Stat. 893; 25 U.S.C. 791-807), 
relatmg to the Wyandotte Tribe; 
(2) the Act of August 2,1956 (70 Stat. 9,37; 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) There are hereby reinstated all rights and privileges of each of 
the tribes described in subsection (a) of this section and their mem-
bers 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repealed by subsection (b) of this section.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 
Act 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 Act. 
(d) Except as specifically provided in this Act, nothing contained 
in this Act shall alter any property rights or obligations, any con-
tractual rights or obligations, including existing fishing rights, or any 
obligation for taxes already levied. 
SEC. 2. (a) (1) The Modoc Indian Tribe of Oklahoma is hereby rec-
ognized as a tribe of Indians residing 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 Secre-
tary 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 and 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. 
PUBLIC LAW 95-281—MAY 15, 1978 
92 STAT. 247 
(b) 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 is re-extended to them and 
their members by this Act. 
(c) 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 to 
such tribe and its members is hereby confirmed. 
SEC. 3. (a) It is hereby declared that enactment of this Act fulfills 
the requirements of the first proviso in section 2 of the Act of Janu-
ary 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) It is hereby declared that the organization of the Modoc Tribe 
of Oklahoma as provided in section 3(a) of this Act shall fulfill the 
requirements of the second proviso in section 2 of the Act of January 2, 
1975 (88 Stat. 1920,1921). 
(c) 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 com-
pletes 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. 
SEC. 4. 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 the Act of :S^ovember 2, 1921 (42 Stat. 208; 25 U.S.C. 13), and 
for purposes of the Act of August 16, 1957 (71 Stat. 370; 42 U.S.C. 
2005-2005F). The members of such tribes shall be deemed to be 
Indians for which hospital and medical care w^as being provided by 
or at the expense of the Public Health Service on August 16, 1957. 
Approved May 15, 1978. 
Ottawa Indian 
Tribe. 
Peoria Indian 
Tribe. 
Wyandotte 
Indian Tribe. 
25 u s e 861b,. 
Publication in 
Federal Register. 
25 u s e 861c. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1019 accompanying H.R. 2497 (Comm. on Interior and 
Insular Affairs). 
SENATE REPORT No. 95-574 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): Nov. 3, considered and passed Senate. 
Apr. 11, H.R. 2497 considered and passed House; passage 
vacated; S. 661 passed in lieu with amendment. 
Vol. 124 (1978): May 2, Senate concurred in House amendment.