H.R. 318 (100th): Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act

100th Congress, 1987–1988. Text as of Aug 18, 1987 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

101 STAT. 666                       PUBLIC LAW 100-89—AUG. 18, 1987
                    Public Law 100-89
                    100th Congress
                                                        An Act
 Aug. 18, 1987      To provide for the restoration of the Federal trust relationship and Federal services
                      and assistance to the Ysleta del Sur Pueblo and the Alabama and Coushatta Indian
  [H.R. 318]          Tribes of Texas, and for other purposes.
                      Be it enacted by the Senate and House of Representatives of the
Ysleta del Sur     United States ofAmerica in Congress assembled,
Pueblo and
Alabama and        SECTION 1. SHORT TITLE.
Coushatta
Indian Tribes of     This Act may be cited as the "Ysleta del Sur Pueblo and                 Alabama
Texas              and Coushatta Indian Tribes of Texas Restoration Act".
Restoration Act.
25 u s e 731 note. SEC. 2. REGULATIONS.                              >''
25 u s e 731 note.
                      The Secretary of the Interior or his designated representative may
                    promulgate such regulations as may be necessary to carry out the
                    provisions of this Act.

                          TITLE I—YSLETA DEL SUR PUEBLO
                                   RESTORATION
25 u s e 1300g.     SEC. 101. DEFINITIONS.
                      For purposes of this title—
                           (1) the term "tribe" means the Ysleta del Sur Pueblo (as so
                        designated by section 102);
                           (2) the term "Secretary" means the Secretary of the Interior
                        or his designated representative;
                           (3) the term "reservation" means lands within El Paso and
                        Hudspeth Counties, Texas—
                                 (A) held by the tribe on the date of the enactment of this
                              title;
                                 (B) held in trust by the State or by the Texas Indian
                              Commission for the benefit of the tribe on such date;
                                 (C) held in trust for the benefit of the tribe by the
                              Secretary under section 105(g)(2); and
                                 (D) subsequently acquired and held in trust by the
                              Secretary for the benefit of the tribe.
                           (4) the term "State" means the State of Texas;
                           (5) the term "Tribal C!ouncil" means the governing body of the
                        tribe as recognized by the Texas Indian Commission on the date
                        of enactment of this Act, and such tribal council's successors;
                        and
                           (6) the term "Tiwa Indians Act" means the Act entitled
                        "An Act relating to the Tiwa Indians of Texas." and ap-
                        proved April 12, 1968 (82 Stat. 93).
25 u s e 1300g-l.   SEC. 102. REDESIGNATION OF TRIBE.
                      The Indians designated as the Tiwa Indians of Ysleta, Texas, by
                    the Tiwa Indians Act shall, on and after the date of the enactment
                    of this title, be known and designated as the Ysleta del Sur Pueblo.

PUBLIC LAW 100-89—AUG. 18, 1987 101 STAT. 667 Any reference in any law, map, regulation, document, record, or other paper of the United States to the Tiwa Indians of Ysleta, Texas, shall be deemed to be a reference to the Ysleta del Sur Pueblo. SEC. 103. RESTORATION OF THE FEDERAL TRUST RELATIONSHIP; FED- 25 USC 1300g-2. ERAL SERVICES AND ASSISTANCE. (a) FEDERAL TRUST RELATIONSHIP.—The Federal trust relationship between the United States and the tribe is hereby restored. The Act of June 18,1934 (48 Stat. 984), as amended, and all laws and rules of 25 USC 461. law of the United States of general application to Indians, to na- tions, tribes, or bands of Indians, or to Indian reservations which are not inconsistent with any specific provision contained in this title shall apply to the members of the tribe, the tribe, and the reservation. (b) RESTORATION OF RIGHTS AND PRIVILEGES.—All rights and privi- leges of the tribe and members of the tribe under any Federal treaty, statute. Executive order, agreement, or under any other authority of the United States which may have been diminished or lost under the Tiwa Indians Act are hereby restored. (c) FEDERAL SERVICES AND BENEFITS.—Notwithstanding any other provision of law, the tribe and the members of the tribe shall be eligible, on and after the date of the enactment of this title, for all benefits and services furnished to federally recognized Indian tribes. (d) EFFECT ON PROPERTY RIGHTS AND OTHER OBLIGATIONS.—Except as otherwise specifically provided in this title, the enactment of this title shall not affect any property right or obligation or any contrac- tual right or obligation in existence before the date of the enactment of this title or any obligation for taxes levied before such date. SEC. 104. STATE AND TRIBAL AUTHORITY. 25 USC 1300g-3. (a) STATE AUTHORITY.—Nothing in this Act shall affect the power of the State of Texas to enact special legislation benefiting the tribe, and the State is authorized to perform any services benefiting the tribe that are not inconsistent with the provisions of this Act. (b) TRIBAL AUTHORITY.—The Tribal Council shall represent the Contracts. tribe and its members in the implementation of this title and shall Grants. have full authority and capacity— (1) to enter into contracts, grant agreements, and other arrangements with any Federal department or agency, and (2) to administer or operate any program or activity under or • in connection with any such contract, agreement, or arrange- ment, to enter into subcontracts or award grants to provide for the administration of any such program or activity, or to con- duct any other activity under or in connection with any such contract, agreement, or arrangement. SEC. 105. PROVISIONS RELATING TO TRIBAL RESERVATION. 25 USC 1300g-4. (a) FEDERAL RESERVATION ESTABUSHED.—The reservation is hereby declared to be a Federal Indian reservation for the use and benefit of the tribe without regard to whether legal title to such lands is held in trust by the Secretary. (b) CONVEYANCE OF LAND BY STATE.—The Secretary shall— (1) accept any offer from the State to convey title to any land within the reservation held in trust on the date of enactment of this Act by the State or by the Texas Indian Commission for the benefit of the tribe to the Secretary, and
101 STAT. 668 PUBLIC LAW 100-89—AUG. 18, 1987 (2) hold such title, upon conveyance by the State, in trust for the benefit of the tribe. (c) CONVEYANCE OF LAND BY TRIBE.—At the written request of the Tribal Council, the Secretary shall— (1) accept conveyance by the tribe of title to any land within '• the reservation held by the tribe on the date of enactment of this Act to the Secretary, and « (2) hold such title, upon such conveyance by the tribe, in trust for the benefit of the tribe. f!j / (d) APPROVAL OF DEED BY ATTORNEY GENERAL.—Notwithstanding any other provision of law or regulation, the Attorney General of the United States shall approve any deed or other instrument which conveys title to land within El Paso or Hudspeth Counties, Texas, to the United States to be held in trust by the Secretary for the benefit of the tribe. (e) PERMANENT IMPROVEMENTS AUTHORIZED.—Notwithstanding any other provision of law or rule of law, the Secretary or the tribe may erect permanent improvements, improvements of substantial value, or any other improvement authorized by law on the reserva- tion without regard to whether legal title to such lands has been conveyed to the Secretary by the State or the tribe. (f) CIVIL AND CRIMINAL JURISDICTION WITHIN RESERVATION.—The State shall exercise civil and criminal jurisdiction within the bound- aries of the reservation as if such State had assumed such jurisdic- tion with the consent of the tribe under sections 401 and 402 of the Act entitled "An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes." and approved April 11,1968 (25 U.S.C. 1321,1322). (g) ACQUISITION OF LAND BY THE TRIBE AFTER ENACTMENT.— (1) Notwithstanding any other provision of law, the Tribal Council may, on behalf of the tribe— (A) acquire land located within El Paso County, or Hudspeth County, Texas, after the date of enactment of this ., > Act and take title to such land in fee simple, and : • (B) lease, sell, or otherwise dispose of such land in the same manner in which a private person may do so under the laws of the State. (2) At the written request of the Tribal Council, the Secretary may— .,t, (A) accept conveyance to the Secretary by the Tribal ; Council (on behalf of the tribe) of title to any land located ..r within El Paso County, or Hudspeth County, Texas, that is , [ acquired by the Tribal Council in fee simple after the date ,, of enactment of this Act, and ,^' (B) hold such title, upon such conveyance by the Tribal Council, in trust for the benefit of the tribe. 25 use 1300g-5. SEC. 106. TIWA INDIANS ACT REPEALED. 82 Stat. 93. The Tiwa Indians Act is hereby repealed. 25USC1300g-6. SEC. 107. GAMING ACTIVITIES. • .' (a) I N GENERAL.—All gaming activities which are prohibited by the laws of the State of Texas are hereby prohibited on the reserva- tion and on lands of the tribe. Any violation of the prohibition provided in this subsection shall be subject to the same civil and criminal penalties that are provided by the laws of the State of Texas. The provisions of this subsection are enacted in accordance
PUBLIC LAW 100-89—AUG. 18, 1987 101 STAT. 669 with the tribe's request in Tribal Resolution No. T.C.-02-86 which was approved and certified on March 12,1986. (b) No STATE REGULATORY JURISDICTION.—Nothing in this section shall be construed as a grant of civil or criminal regulatory jurisdic- tion to the State of Texas. (c) JURISDICTION OVER ENFORCEMENT AGAINST MEMBERS.—Not- withstanding section 105(f), the courts of the United States shall have exclusive jurisdiction over any offense in violation of subsec- tion (a) that is committed by the tribe, or by any member of the tribe, on the reservation or on lands of the tribe. However, nothing in this section shall be construed as precluding the State of Texas , , from bringing an action in the courts of the United States to enjoin "^^ violations of the provisions of this section. SEC. 108. TRIBAL MEMBERSHIP. 25 USC 1300g-7. (a) IN GENERAL.—The membership of the tribe shall consist of— (1) the individuals listed on the Tribal Membership Roll approved by the tribe's Resolution No. TC-5-84 approved < ^ . December 18, 1984, and approved by the Texeis Indian Commis- sion's Resolution No. TIC-85-005 adopted on January 16, 1985; and (2) a descendant of an individual listed on that Roll if the descendant— .: :P\] (i) has VB degree or more of Tigua-Ysleta del Sur Pueblo Indian blood, and (ii) is enrolled by the tribe. (h) REMOVAL FROM TRIBAL ROLL.—Notwithstanding subsection (a)- (1) the tribe may remove an individual from tribal member- ship if it determines that the individual's enrollment was im- proper; and (2) the Secretary, in consultation with the tribe, may review the Tribal Membership Roll. TITLE II—ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS SEC. 201. DEFINITIONS. 25 USC 731. For purposes of this title— (1) the term "tribe" means the Alabama and Coushatta Indian Tribes of Texas (considered as one tribe in accordance with section 202); (2) the term "Secretary" means the Secretary of the Interior or his designated representative; (3) the term "reservation" means the Alabama and Coushatta Indian Reservation in Polk County, Texas, comprised of— -' * (A) the lands and other natural resources conveyed to the State of Texas by the Secretary pursuant to the provisions of section 1 of the Act entitled An Act to provide for the termination of Federal supervision over the property of the Alabama and Coushatta Tribes of Indians of Texas, and the individual members thereof; and for other purposes." and approved August 23,1954 (25 U.S.C. 721); (B) the lands and other natural resources purchased for and deeded to the Alabama Indians in accordance with an
101 STAT. 670 PUBLIC LAW 100-89—AUG. 18, 1987 ' act of the legislature of the State of Texas approved Feb- ruary 3,1854; and (C) lands subsequently acquired and held in trust by the Secretary for the benefit of the tribe; (4) the term "State" means the State of Texas; (5) the term "constitution and bylaws" means the constitution and bylaws of the tribe which were adopted on June 16, 1971; and (6) the term "Tribal Council" means the governing body of the tribe under the constitution and bylaws. 25 u s e 732. SEC. 202. ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS CONSID- ERED AS ONE TRIBE. J, The Alabama and Coushatta Indian Tribes of Texas shall be considered as one tribal unit for purposes of this title and any other law or rule of law of the United States. 25 u s e 733. SEC. 203. RESTORATION OF THE FEDERAL TRUST RELATIONSHIP; FEDERAL SERVICES AND ASSISTANCE. (a) FEDERAL TRUST RELATIONSHIP.—The Federal recognition of the tribe and of the trust relationship between the United States and the tribe is hereby restored. The Act of June 18, 1934 (48 Stat. 984), 25 use 461. as amended, and all laws and rules of law of the United States of general application to Indians, to nations, tribes, or bands of In- dians, or to Indian reservations which are not inconsistent with any specific provision contained in this title shall apply to the members of the tribe, the tribe, and the reservation. (b) RESTORATION OF RIGHTS AND PRIVILEGES.—All rights and privi- leges of the tribe and members of the tribe under any Federal treaty, Executive order, agreement, statute, or under any other authority of the United States 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 Alabama and Coushatta Tribes of Indians of Texas, and the individual members 25 use 72L thereof; and for other purposes" and approved August 23, 1954, are hereby restored and such Act shall not apply to the tribe or to members of the tribe after the date of the enactment of this title. (c) FEDERAL BENEFITS AND SERVICES.—Notwithstanding any other provision of law, the tribe and the members of the tribe shall be eligible, on and after the date of the enactment of this title, for all benefits and services furnished to federally recognized Indian tribes. (d) EFFECT ON PROPERTY RIGHTS AND OTHER OBLIGATIONS.—Except as otherwise specifically provided in this title, the enactment of this title shall not affect any property right or obligation or any contrac- tual right or obligation in existence before the date of the enactment of this title or any obligation for taxes levied before such date. 25 u s e 734. SEC. 204. STATE AND TRIBAL AUTHORITY. (a) STATE AUTHORITY.—Nothing in this Act shall affect the power of the State of Texas to enact special legislation benefitting the tribe, and the State is authorized to perform any services benefitting the tribe that are not inconsistent with the provisions of this Act. (b) CURRENT CONSTITUTION AND BYLAWS TO REMAIN IN EFFECT.— Subject to the provisions of section 203(a) of this Act, the constitu- tion and bylaws of the tribe on file with the Committee on Interior and Insular Affairs is hereby declared to be approved for the purposes of section 16 of the Act of June 18, 1934 (48 Stat. 987; 25
PUBLIC LAW 100-89—AUG. 18, 1987 101 STAT. 671 U.S.C. 476) except that all reference to the Texas Indian Commission shall be considered as reference to the Secretary of the Interior. (c) AUTHORITY AND CAPACITY OF TRIBAL COUNCIL.—No provision contained in this title shall affect the power of the Tribal Council to take any action under the constitution and bylaws described in subsection (b). The Tribal Council shall represent the tribe and its Contracts. members in the implementation of this title and shall have full Grants, authority and capacity— (1) to enter into contracts, grant agreements, and other arrangements with any Federal department or agency; (2) to administer or operate any program or activity under or in connection with any such contract, agreement, or arrange- ment, to enter into subcontracts or award grants to provide for the administration of any such program or activity, or to con- duct any other activity under or in connection with any such contract, agreement, or arrangement; and (3) to bind any tribal governing body selected under any new constitution adopted in accordance with section 205 as the successor in interest to the Tribal Council. SEC. 205. ADOPTION OF NEW CONSTITUTION AND BYLAWS. 25 USC 735. Upon written request of the tribal council, the Secretary shall hold an election for the members of the tribe for the purpose of adopting a new constitution and bylaws in accordance with section 16 of the Act of June 18,1934 (25 U.S.C. 476). SEC. 206. PROVISIONS RELATING TO TRIBAL RESERVATION. 25 USC 736. (a) FEDERAL RESERVATION ESTABUSHED.—The reservation is hereby declared to be a Federal Indian reservation for the use and benefit of the tribe without regard to whether legal title to such lands is held in trust by the Secretary. (b) CONVEYANCE OF LAND BY STATE.—The Secretary shall— (1) accept any offer from the State to convey title to any lands held in trust by the State or the Texas Indian Commission for the benefit of the tribe to the Secretary, and (2) shall hold such title, upon conveyance by the State, in trust for the benefit of the tribe. (c) CONVEYANCE OF LAND BY TRIBE.—At the written request of the Tribal Council, the Secretary shall— (1) accept conveyance by the tribe of title to any lands within the reservation which are held by the tribe to the Secretary, and (2) hold such title, upon such conveyance by the tribe, in trust for the benefit of the tribe. (d) APPROVAL OF DEED BY ATTORNEY GENERAL.—Notwithstanding any other provision of law or regulation, the Attorney General of the United States shall approve any deed or other instrument from the State or the tribe which conveys title to lands within the reservation to the United States. (e) PERMANENT IMPROVEMENTS AUTHORIZED.—Notwithstanding any other provision of law or rule of law, the Secretary or the tribe may erect permanent improvements, improvements of substantial value, or any other improvement authorized by law on the reserva- tion without regard to whether legal title to such lands has been conveyed to the Secretary by the State or the tribe. (f) CIVIL AND CRIMINAL JURISDICTION WITHIN RESERVATION.—The State shall exercise civil and criminal jurisdiction within the bound-
101 STAT. 672 PUBLIC LAW 100-89—AUG. 18, 1987 aries of the reservation as if such State had assumed such jurisdic- tion with the consent of the tribe under sections 401 and 402 of the Act entitled "An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes" and approved April 11,1968 (25 U.S.C. 1321,1322). 25 u s e 737. SEC. 207. GAMING ACTIVITIES. (a) I N GENERAL.—All gaming activities which are prohibited by the laws of the State of Texas are hereby prohibited on the reserva- tion and on lands of the tribe. Any violation of the prohibition provided in this subsection shall be subject to the same civil and criminal penalties that are provided by the laws of the State of Texas. The provisions of this subsection are enacted in accordance with the tribe's request in Tribal Resolution No. T.C.-86-07 which was approved and certified on March 10,1986. (b) No STATE REGULATORY JURISDICTION.—Nothing in this section shall be construed as a grant of civil or criminal regulatory jurisdic- tion to the State of Texas. (c) JURISDICTION OVER ENFORCEMENT AGAINST MEMBERS.—Not- > withstanding section 206(f), the courts of the United States shall have exclusive jurisdiction over any offense in violation of subsec- tion (a) that is committed by the tribe, or by any member of the tribe, on the reservation or on lands of the tribe. However, nothing in this section shall be construed as precluding the State of Texas from bringing an action in the courts of the United States to enjoin violations of the provisions of this section. Approved August 18, 1987. . f' ..<iv-: i: LEGISLATIVE HISTORY—H.R. 318: HOUSE REPORTS: No. 100-36 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-90 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 133 (1987): Apr. 21, considered and passed House. July 23, considered and passed Senate, amended. ,ji-^ Aug. 3, House concurred in Senate amendments. '