February 3, 1966
Mr. Walter W. Broemer, Opinion No. C-593
Superintendent
Alabama-Coushatta Indian Re: Whether the Alabama-
Reservation Coushatta Indian Tribal
Livingston, Texans Members can create a
Public Houslng Authority
as a separate corporate
entity to which the Com-
mission for Indian Affairs
and the Alabama-Coushatta
Indian Tribal Council could
make a forty-year lease of
State Trust Land to develop
Dear Mr. Broemer: a low-rent housing project.
Your letter of January 11, 1966, requesting our opinion
relative to the above captioned matter reads, in part, as follows:
'In reference to Opinion No. C-520, we
have proceeded in making application with
the Public Housing Administration for a Public
Housing Project on the .Indian Reservation.
The Public Housing Administration finds that
they cannot provide the necessary funds for
low-rent housing because the Texas Commission
for Indian Affairs has the power to issue
bonds for a period of only twenty-five years.
Low-rent housing projects require forty-year
bonds.
'Therefore we would like to request the
opinion as follows:
"Can the Alabama-Coushatta Indian Tribal
Members create a Public Housing Authority as
a separate corporate entity to which the Texas
Commission for Indian Affairs and the Alabama-
Coushatta Indian Tribal Council could make a
-2862-
Mr. Walter W. Broemer, page 2 (C- 593)
.
forty-year lease of State T;ust Land to develop
3 low-rent housing project,
In answering this question, it is necessary'to review
certain legislative and congressional enactments. For a more
exhaustive historical summation, see Attorney General's Opinion
No. WW-43 dated March 5, 1957.
By an Act dated February 3, 1854 (4 Gammel 68) the
State of Texas provided funds and authority for the purchase of
1,280 acres of land for the Alabama Indians to be used by that
tribe as a home. The Commissioners appointed under this Act did
arrange for the.purchase and conveyance to the tribe of Alabama
Indians of several tracts of land, and the deeds from the several
grantors specifically made reference to the Act of 1854. Thus
to accuratelv determine the nature of the estate conveved. we
must construe the deeds and the Act together.
Section 3 of 1854 Act provides, in part, as follows:
.and that said Indians shall not
terwise
allen,'lLase, ren ., le
dispose of said land or any part thereof to
any person whatsoever. And should the.Stafe
of Texas hereafter provide a home for said
tribe of Indians, and settle them thereon,
then the said twelve hundred and eighty acres
of land, with its improvem$nts, shall become
the property of the State. (Emphasis added)
From the quoted Section of the Act, it is apparent
that the Indians received less than a fee simple estate in the
lands. There are specific restrictions imposed on the Indians,
which bar any conveyance or lease by them of this land or any
part thereof, and further their possession and enjoyment of the
lands are dependent upon the Legislature as evidenced by the
quoted language. The reversionary interest is in the State of
Texas and should the Legislature see fit to provide a lawful
procedure for leasing these lands, it could do so.
In 1928, the Indian Reservation was enlarged when an
adjacent tract of 3,071 acres was purchased by the United States
"in trust for the Alabama and Coushatta Indians of Texas." Under
Public Law 627, Acts of 83rd Congress, 1954, 68 Stat. 768, 25
U.S.C.A., Sets. 721 et. seq., the Federal Government was au-
thorized to deed said tract to the State of Texas, to be held
by it "in trust for the benefit of the Alabama and Coushatta
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Mr. Walter W. Broemer, page 3 (C-593)
Tribes of Texas, subject to such conditions regarding management
and use as the State of Texas may prescribe and the disposition
of such lands shall be subject to aooroval of a majority of the
adult members of the Alabama and Coushatta Tribes of Texas."
(Emphasis added.) Thus Congress terminated Federal supervision
over the tribe.
.In anticipation of the adoption of Public Law 627, the
Texas Legislature adopted Senate ConcurrentResolution No. 31 ~~'
(Acts 1953, R.S.,~p. 1078) authorizing the Governor to accept on
behalf.of the State a transfer of the trust responsibilities of
the United States respecting the lands and other assets of said
tribes, and providing further:
"That'the Governor is authorized to designate
the Sta