. .

TEEA~ITORNEY GENEHAL



### OFTEXAS

Auwxmu 11. Tsx~n

December 

### 18, 1957

HonorableRaymond W.Vowel1 OpinionNo. WW-327 Acting Executive Director Board for Texas State Re: The~authorityof the Board Hospitalsand Special Schools for Texas State Hospitals Austin, Texas and Special Schools to conduct a timbermanagement program on certain property in theAlabamaCoushatta IndianReservation, and related quesDear Mr. Vowell: tions,

Your opinion request is concernedwith the sale of timber from the 3,071-acre tract, owned by the State of Texas in the Alabama-CoushattaIndian Reservation in Polk County.

In our opinionNo. 

### WW-43,we reviewed at length the history of Indian legislation in Texas. The 3,071-acre tract was bought by the Federal Government in 

### 1928for the purpose of enlargin

8 the then existing reservation, 3rd Congress, 

### 1954, 68 Stat. 

### 768, Under PublicLaw 627, Acts of 25 U.S.C.A., Sets. 721 et seq., the Federal Governmentwas authorized to deed said tract to the State of Texas, to beheld by it "in trust for the benefit of the Indians of theAlabama and Coushatta tribes of Texas, subject to such conditions regardingmanagementand use as the State of Texasmay prescribeand the disposition of such lands shall be subject to approval of a majority of the adult members of the Alabama and Coushatta tribes of Texas."

In anticipation of the adoption of Public Law 

### 627 the Texas Legislature adopted Senate ConcurrentResolution No. 31 (Acts,

### 19539R.S. p0 1078), authorizing the Governor to accept on behalf of the &ate a transfer of the trust responsibilities of the United States respecting the lands and other assets of said tribes,and authorizing the Governor to "designate the State agency in which such trust responsibilities shall rest, and the agency so designated shallhave authority to promulgate rules and regulations for the administration of the trust and the protection of the beneficial interest of the Indians in such lands and other assets." Your Boardwas designatedas the State agency to assume such trust responsibilities.

Your letter states:HonorableRaymond W. Vowell, page 2 (w-327)

"Sinceacquisition of these lands1 this Board has determined thata business-lke forest management program shouldbe conducted on this ,.acreage. It is contemplated toharvest marketable timber and do such replantingas necessary in order to carry out this program. Contacthas beenmade with the Texas Forest Servicewith respect to assistance in carrying out such a timber management programand theyhave indicated that they could possibly cooperatewith us in this effort.*

You request our opinion as to (1)whether your Board may conduct such timbermanagement program; (2)whether the approval of the Indian tribes is necessary; (3) whether a portion of the proceeds of timber salesmay be used to pay Texas Forest Service for its servicesand &) what disposition is to be made of receipts from timber salesand how may same be expended.

It is clear that onemain purpose of both the State and Federal governments in effecting this transfer of trust responsibilitieswas to enable a State agency to develop the timber resources of said reservation. The report of the House Committee considering Public Law 627 is set forth at length in U. S. Code Congressionaland AdministrativeNews, 19.54, pO 3119. The following is found in the CommitteeReport:

"The tribal assets consist solely of land upon which there is an excellent stand of timber, In accordancewith Set, 6 of that Act the Secretary of the Interiorhas an obligation to regulate the operation and management of Indian forestry units on the principleof sustained-yield management. It has been impracticablefor the Department of the Interior to do so in the case of the Alabama and Coushattaunit, because its relatively small size and its distance from other Indian forestry units have not warranted the expenditure of funds for such supervision. However, the nearest office of the State of Texas Forest Service, which is seventeenmiles from the Alabama and CoushattaReservation, is conductingvarious forestry protectionand conservationmeasures with respect to timber landswithin the general
area surrounding the reservation. D O y The Governor of Texashas taken an active interest in thewelfare of these Indiansand the protection and development of their timber resource. He hasHonorableRaymond W. Vowell, page 

### 3 W-327)

urged that a completemanagement program be developed for the utilization and conservationof this timber resource. In the negotiationsbetween representativesof the State of Texas and the Rureau of IndianAffairs the representativesof the State have indicateda willingness on its part to undertake,without cost to the United States, the completemanagement of the Indian timber land for the benefit of the tribe,"

The CommitteeReport also contains a reference to a unanimous resolution adopted by theAlabama and Coushatta tribes of Texas on February 

### 13, 19539wherein the tribesvoted "to authorize the great State of Texas to assume full responsibility for themanagement, protection,and conservation of our forest
resources by applying to our reservation the policiesand practices followed by the State in themanagement of the State forests."

In 

### 1938 the Alabama and Coushatta Indiansadopted a Constitutionwhich was approved by the Secretary of the Interior in accordancewith Title 2F9 Section

### 476,U,S,C,,which provides
as follows:

"Any Indian tribe or tribes,residing on the
same reservation, shali have the right to organize for its commonwelfare, and may adopt an approprlate constitutionand bylaws, which shall become effectivewhen ratified by a majorityvote of the aduit members of the tribe or of the adult Indiansresiding on such reservation,as the case may be, at a special election authorized and called by the Secretary of the Interiorunder such rules and regulations as he may prescribe., Such constitutionand bylaws when ratified as aforesaidand approved. by the Secretary of the Interior shall be revocable by
an election open to the samevoters and conducted in the samemanner as hereinabove provided, Amendments to the constitutionand bylawsmay be ratified and approved by the Secretary in the same manner as the original constitutionand bylaws,

"In addition to all powersvested in any Indian tribe or tribal council by existing law, the constitution adopted by said tribe shall also vest in such tribe or its tribal council the following rights and powers: To employ legal counsel the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior; to prevent the sale,. . .

HonorableRaymond W. Vowell, Page 4 WJ- 

### 327)

disposition, lease, or encumbrance of tribal lands, interests in lands, or other tribal assets without the consent of the tribe;and to negotiate with the Federal, State and local Governments. The Secretary of the Interior shall advise such tribe or its tribal council of all appropriation estimates or Federal projects for the benefit of the tribe prior to the submissionof such estimates to the Bureau of the Budget and the Congress."
Notice particularly the rights of the tribeunder the second paragraph above, as to their approval of the disposition of any tribal assets. The 3,071 acres of land here involved
were conveyed to the State of Texas in trust for theAlabama and CoushattaTribes of Texas under Title 25, Section 721,U.S.C., which reads as follows:

"The Secretaryof the Interior is authorized to convey to the State of Texas the lands held in trust by the United States for the tribe of Indians organized and known as the Alabama and Coushatta Tribes of Texas, located in Polk County, Texas;and such tribe is authorized to convey to the State of Texas the lands purchased for and deeded to the Alabama Indians in accordancewith an act of the legislature of the State of Texas,approved February 

### 3s 1854,located in Polk County, Texas, All of the lands so conveyed shall be held by the State of Texas in trust for the benefit of the Indians of the Alabama and CoushattaTribes of Texas, subject to such conditionsregardingmanagement and use as the State of Texasmay prescribeand the disposition of such lands shallbe subject to approval of a majority of the adultmembers of theAlabama and Coushatta Tribes of Texas."
Title 25, Section 723, U.S,C, provides for the continuation of ,theConstitutionand bylaws OF theAlabama and Coushatta Tribes and reads as follows:

"Effective on the date of the proclamation provided for in section 722 of this title, all powers of the Secretary of the Interior or any other officer of theUnited States to take, review, or approve any actionunder the constitutionand bylaws of the Alabama and Coushatta Tribes of Texas approved
on August 

### 19 1938 464--473 

### 47c ursuant to sections 4,61 k62 463,

are terminate:.



### 475’ {76--478 and 

### 479 of thi; titie AAy powers :onferredupon the trfbi.

HonorableRaymond W. Vowell, page 

### 5 (WW-327)

by its constitutionand bylaws that are inconsistentwith the provisionsof this Act are terminated. Such termination shallnot affect the power of the tribe to take any action under its constitutionand bylaws that is consistent with section 

### 721--728of this titlewithout the participationof the Secretary or other officer of the United States in such action.n

From these statutes it is our opinion that the Federal Governmentdid not intend to grant nor the State of Texas to assume any powers as trustee over said lands not previouslyexercised by the Federal Government. The lands and all tribal assets
are the property of theAlabama and Coushatta Tribes,and any disposition of these assets is subject to the approval of a majority of the Indians. Consequently, it is our opinion that any sale .ofthe timber from said lands is subject to the approval of the tribes and receipts from such sale should be the property of said tribes.

From the foregoing and in the light of the history of the legislation,both State and Federal, it is our opinion that
a timbermanagement program involves the disposition of lands and assets of theAlabama and Coushatta Indians and your Board is not authorized to conduct such a programwithout the approval of said Indians.

As to your remaining questions,we deem it sufficient to say that thewhole program shouldbe approved by the Indians includingmethod of selling timber,method of financing program, and disposition of proceeds from sale of timber.

SUMMARY

The Board for Texas State Hospitals and Special Schoolsmay not conduct a timbermanagement program on the 3,071-acre tract of land owned by theAlabama and Coushatta Indians,without the approval of said Indians. The program shouldbe submitted to the Indians for their approval and should include themethod of financing said program9 method and procedure for selling timber,and plan for disposition of all proceeds from the sale of timber. Very truly yours,
WILL WILSON

GCJr:pf:wb.., .

HonorableRaymond W. Vowell, page 6 (WW-327)

APPROVED:

OPINIONCOMMITTEE

Geo. P. Blackburn, Chairman J. Mark McLaughlin Mrs.; Marietta McGregor Payne Leonard Passmore

REVIEWED FOR THEATTORNEY GENERAL
By: Arthur Sandlin