Untitled Texas Attorney General Opinion ( 1965 )

October 4, 1965
Mr. Walter W. Broemer Opinion No. C- 520
Superintendent
Alabama-Coushatta Indian Re: Whether the Texas Commls-
Reservation slon for Ind.lan Affairs
Livingston, Texas can authorize the Alabama
and Coushatta I&San Trl-
bal Council to negotiate
and enter into contracts
executing long term lease
agreements with the Public
Dear Mr. Broemer: Housing Administration.
Your letter of September 8, 1965, requesting an opinion
of this office, reads as follows:
"The Alabama-Coushatta Indian Tribal Council
has made application for a Public Housing Project
on the Reservation. Attached is a copy of a
letter from Public Housing Administration. The
project would be developed on State Trust Land.
'The Texas Commission for Indian Affairs
requests the opinion of your office on the
following questions:
"(1) Is the Texas Commission for I&Ian
Affairs authorized under House Bill No. 1096,
59th Texas Legislature, to establish a Public
Housing Agency within the meaning of Section
1402 (11) of Title 42, U.S. Code.
"(2) Can the Texas Commission for Indian
Affairs authorize the Alabama and Coushatta
Indian Tribal Council to negotiate and enter
Into contracts executing long term lease
agreements with the Public Housing Admlnls-
tratlon."
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Mr. Walter W. Broemer, page 2 (C- 520 )
Section 1402 (11) of Title 42, United States Code
Annotated, provides:
“(11) The term ‘public housing agency’
means any State, county munlclpallt
engage In the developm-stratlon
of low-rent housing or slum clearance, The
Administration shall enter Into contracts for
financial assistance with a State or State
agency where such State or State agency makes
application for such assistance for an eligible
project which, under the applicable laws of
the State, Is to be developed tnd administered
by such State or State agency.
House Bill 1096, Acts 59th Leg. 1965, ch. 279, p. 552,
which creates the Commission for Ind.lan Affairs, provid.es as
follows in Section 12:
“Set, 12. The Commission may negotiate
with any agency of the United States In ord.er
to obtain grants to assist In the development
of the Reservation.”
In answer to your first question, It Is our opinion
that the Texas Commission for Indian Affairs Is a “public
hOu8i agency” within the provlslons of Section 1402 (11) of
Title “& 2, U.S.C.A. AS Section 12 of House Bill log6 speclfl-
tally authorizes the Commission to negotiate for the purpose
of obtaining grant8 for development of the Alabama-Coushatta
thereby within the definition
In Section 1402 (11) of Title 42.
42 provld.es that the United.
directly with the Texas Commls-
alon for Indian Affair8 In contracts for financial assistance
as the Commission’s primary re8pOn8ibi1ity is the development
of the human and economic re8ource8 of the AlabamB-Couahatta
Indian Reservation.
Section 8 of House Bill 1096 provides:
“Sec. 8. All powers, duties, and. function8
with respect to the supervision, management, and
control of the Alabama-Coushatta Indian Reserva-
tion, previously vested in the Board of Texas
State Hospital8 and Special Schools, and all ap-
propriated balances, property, personnel, and
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Mr. Walter Broemer, page 3 (C- 520 )
record8 used by the Board In conjunction with
such powers, duties, and function8 are transferred
to the Connnlsslon for Indian Affairs."
Section 2 of Article 3174b provides In part:
II . .Effectlve September 1, 1949, the
controi and management of, and all rights,
privileges, powers, and duties lncld~ent thereto
including bulldlng, design and construction of
the Texas State Hospitals and Special Schools
which are now vested In, and exercised. by the
State Board of Control shall be transferred
to, vested In, and exercised by the Board for
Texas,,State Ho8pltalS and Special Schools.
. . .
The control and management of the affairs and property
of eleemosynary Institutions established by law are vested In
the Board for Texas State Hospital8 and Special Schools. 29 Tex.
Jur.2d 664, B 4. Institutions governed by the Board may adopt
necessary rule8 and regulations to Improve efficiency Andystand~ards
necessary In the operation of the lnetitutlon. HarPiS v. Thomas,
217 S.W. 1068 (Tex.Clv.App. 1920). Control and management of
bulldlng construction on the Alabama-Coushatta Reservation was
vested In the State Board of Hospitals and Special School8 by
virtue of Section 2 of Article 317&b. Section 8 of House Bill
1096 transfers control and management of building construction
to the Commlsslon for Indian Affairs. It Is our opinion that
the power to execute long term leases for public housing develop-
ment of the Alabama-Coushatta Reservation 18 vested In the Com-
mission for Ind~ian Affairs and may not be delegated to the Alabama-
Coushatta Tribal Council. However, the lands and all tribal assets
are the property of the Alabama-Coushatta Tribes, and any disposl-
tlon of these assets is subject to the approval of a majority of
the Indlan8. (Attorney General'8 Opinion8 WW-327 and W-43).
Therefore, the Commission for Indian Affair8 may not execute long
term leases with the Public Housing Administration for public
,hou8ing on tribal land without the approval of a majority of the
Indians.
SUMMARY
The Commission for Indian Affair8 constitutes
a "public hou81 agency" within the provisions of
Section 1402 of Title 42, U.S.C.A.
The Commission for Indian Affairs cannot au-
thorize the Alabama-Coushatta Tribal Council to
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Mr. Walter Broemer, page 4 (C- 520 )
execute long term lease contracts with the Public
Houalng Adminletration; however, such long term
leaee of tribal land8 may be executed by the Com-
mission for Ind~lan Affaira, subject to the approval
of a majority of the Indiana.
Very truly yours,
WAGGONER CARR
Attorney General
By: UA *
Gordon Houser
Assistant
OH:mkh
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Malcolm Quick
David Longorla
Roger Tyler
Ralph.Rash
APPROVEDFORTHE AT'J!ORNEX
GENERAL
BY: T. B. Wright
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