§ 566. — Restoration of Federal recognition, rights, and privileges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC566]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XIV-A--KLAMATH TRIBE: RESTORATION OF FEDERAL SUPERVISION
Sec. 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, Sec. 2, Aug. 27, 1986, 100 Stat. 849; Pub. L. 99-514,
Sec. 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 (Sec. 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 (Sec. 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'.''