Klamath Indian Tribe Restoration Act
PL 99-398 (H.R.3554), enacted 08/27/1986

PUBLIC LAW 99-398—AUG. 27, 1986 
100 STAT. 849 
Public Law 99-398 
99th Congress 
An Act 
To provide for the restoration of the Federal trust relationship with, and Federal 
services and assistance to, the Klamath Tribe of Indians and the individual 
members thereof consisting of the Klamath and Modoc Tribes and the Yahooskin 
Band of Snake Indians, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Aug. 27, 1986 
[H.R. 3554] 
Klamath Indian 
Tribe 
Restoration Act. 
Oregon 
This Act may be cited as the "Klamath Indian Tribe Restoration 
25USC566 note 
Act". 
SECTION 1. SHORT TITLE. 
SEC. 2. RESTORATION 
PRIVILEGES. 
OF 
FEDERAL 
RECOGNITION. 
RIGHTS. AND 25 USC 566. 
(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 Act, 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 Act shall be applicable to the tribe and 
its members. 
(b) RESTORATION OF RIGHTS AND PRIVILEGES.—All rights and privi-
leges 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 super-
vision 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 Act, shall be inapplicable to the tribe and 
to members of the tribe after the date of the enactment of this Act. 
(c) FEDERAL SERVICES AND BENEFITS.—Notwithstanding any other 
provision of law, the tribe and its members shall be eligible, on and 
after the date of the enactment of this Act, 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. 
1954). 
26 USC 7871. 
100 STAT. 850 
PUBLIC LAW 99-398—AUG. 27, 1986 
Oklahoma. 
25 u s e 861a. 
25 u s e 566a. 
25 u s e 566b. 
25 u s e 478. 
25 u s e 566c. 
Taxes. 
25 u s e 566d. 
25 u s e 566e. 
25 u s e 566f. 
State and local 
governments. 
(d) CERTAIN RIGHTS NOT ALTERED.—Nothing in this Act shall alter 
any property right or obligation, any contractual right or obligation, 
or any obligation for taxes already levied. 
(e) This Act does not apply to the members of the Modoc Indian 
Tribe of Oklahoma as recognized under section 2(a) of the Act of 
May 15, 1978 (92 Stat. 246) and the Klamath Tribe of Indians does 
not (except for the purposes set out in section 2(a)(1) of that Act) 
include the members of the Modoc Indian Tribe of Oklahoma. 
SEC. 3. TRIBE CONSTITUTION AND BYLAWS. 
The tribe's Constitution and Bylaws shall remain in full force and 
effect and nothing in this Act shall affect the power of the General 
Council to take any action under the Constitution and Bylaws. 
SEC, 
4
. 
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 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, 1934 (43 Stat. 987; 25 
U.S.C. 476), for the purpose of adopting a new constitution for the 
tribe. 
SEC. 5. HUNTING. FISHING. TRAPPING. AND WATER RIGHTS. 
Nothing in this Act shall affect in any manner any hunting, 
fishing, trapping, gathering, or water right of the tribe and its 
members. 
SEC. 
6
. 
TRANSFER 
OF 
LAND 
TO 
BE 
HELD 
I
N 
TRUST. 
The Secretary shall accept real property for the benefit of the 
tribe if conveyed or otherwise transferred to the Secretary. Such 
property shall be subject to all valid existing rights including liens, 
outstanding taxes (local and State), and mortgages. 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 their reservation. The transfer of real property 
authorized by this section shall be exempt from all local, State, and 
Federal taxation as of the date of transfer. 
SEC. 7. CRIMINAL AND CIVIL JURISDICTION. 
The State shall exercise criminal and civil jurisdiction within the 
boundaries of the reservation, in accordance with section 1162 of 
title 18, United States Code, and section 1360 of title 28, United 
States Code, respectively. 
SEC. 8. ECONOMIC DEVELOPMENT. 
(a) PLAN FOR ECONOMIC SELF-SUFFICIENCY.—The Secretary shall— 
(1)(A) enter into negotiations with the Executive Committee of 
the General Council with respect to establishing a plan for 
economic development for the tribe; and 
(B) in accordance with this section and not later than two 
years after the date of the enactment of this Act, develop such a 
plan. 
(2) Upon the approval of such plan by the General Council 
(and after consultation with the State and local officials pursu-
PUBLIC LAW 99-398—AUG. 27, 1986 
100 STAT. 851 
ant to subsection (b)), the Secretary shall submit such plan to 
the Congress. 
(b) CONSULTATION WITH STATE AND LOCAL OFFICIALS REQUIRED.— 
To assure that legitimate State and local interests are not preju-
diced by the proposed economic self-sufficiency plan, the Secretary 
shall notify and consult with the appropriate officials of the State 
and all appropriate local governmental officials in the State. The 
Secretary shall provide complete information on the proposed plan 
to such officials, including the restrictions on such proposed plan 
imposed by subsection (c). During any consultation by the Secretary 
under this subsection, the Secretary shall provide such information 
as the Secretary may possess, and shall request comments and 
additional information on the extent of any State or local service to 
the tribe. 
(c) RESTRICTIONS TO BE CONTAINED IN PLAN.—Any plan developed 
Real property, 
by the Secretary under subsection (a) shall provide that— 
(1) any real property transferred by the tribe or any member 
to the Secretary shall be taken and held in the name of the 
United States for the benefit of the tribe; 
(2) any real property taken in trust by the Secretary pursuant 
to such plan shall be subject to— 
(A) all legal rights and interests in such land existing at Taxes. 
the time of the acquisition of such land by the Secretary, 
including any lien, mortgage, or previously levied and 
outstanding State or local tax; and 
(B) foreclosure or sale in accordance with the laws of the 
State pursuant to the terms of any valid obligation in 
existence at the time of the acquisition of such land by the 
Secretary; and 
(3) any real property transferred pursuant to such plan shall Taxes. 
be exempt from Federal, State, and local taxation of any kind. 
(d) APPENDIX TO PLAN SUBMITTED TO THE CONGRESS.—The Sec-
retary shall append to the plan submitted to the Congress under 
subsection (a) a detailed statement— 
(1) naming each individual and official consulted in accord-
ance with subsection (b); 
(2) summarizing the testimony received by the Secretary 
pursuant to any such consultation; and 
(3) including any written comments or reports submitted to 
the Secretary by any party named in paragraph (1). 
SEC. 9. DEFINITIONS. 
25 USC 566g. 
For the purposes of this Act the following definitions apply: 
(1) The term "tribe" means the Klamath Tribe consisting of 
the Klamath and Modoc Tribes of Oregon and the Yahooskin 
Band of Snake Indians. 
(2) The term "member" means those persons eligible for 
enrollment under the Constitution and Bylaws of the Klamath 
Tribe. 
(3) The term "Secretary" means the Secretary of the Interior 
or his designated representative. 
(4) The term "State" means the State of Oregon. 
(5) The term "Constitution and Bylaws" means the Constitu-
tion and Bylaws of the Klamath Tribe of Indians in effect on the 
date of the enactment of this Act. 
(6) The term "General Council" means the governing body of 
the tribe under the Constitution and Bylaws. 
100 STAT. 852 
PUBLIC LAW 99-398—AUG. 27, 1986 
25 u s e 566h. 
SEC. 10. REGULATIONS. 
The Secretary may make such rules and regulations as are nec-
essary to carry out the purposes of this Act. 
Approved August 27, 1986. 
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LEGISLATIVE HISTORY—H.R. 3554: 
HOUSE REPORTS: No. 99-630 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
June 16, considered and passed House. 
Aug. 15, considered and passed Senate. 
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