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§ 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'.''



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