Page:United States Statutes at Large Volume 100 Part 1.djvu/886

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 850

PUBLIC LAW 99-398—AUG. 27, 1986

Oklahoma. 25 USC 861a.

(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.

25 USC 566a.

SEC. 3. TRIBE CONSTITUTION AND BYLAWS.

25 USC 566b.

25 USC 478.

25 USC 566c.

Taxes. 25 USC 566d.

25 USC 566e.

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 IN 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. 25 USC 566f.

State and local governments.

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-