. . 

TEEA~ITORNEY GENEHAL 

OFTEXAS 

Auwxmu 11. Tsx~n 

December 18, 1957 

Honorable Raymond W. Vowel1 Opinion No. WW-327 

Acting Executive Director 

Board for Texas State Re: The ~authority of the Board 

Hospitals and Special Schools for Texas State Hospitals 

Austin, Texas and Special Schools to 

conduct a timber management program on certain 

property in the AlabamaCoushatta Indian Reservation, and related quesDear Mr. Vowell: tions, 

Your opinion request is concerned with the sale of 

timber from the 3,071-acre tract, owned by the State of Texas in 

the Alabama-Coushatta Indian Reservation in Polk County. 

In our opinion No. 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 1928 for the purpose of 

enlargin 

8 

the then existing reservation, 

3rd Congress, 1954, 68 Stat. 768, 

Under Public Law 627, 

Acts of 25 U.S.C.A., Sets. 

721 et seq., the Federal Government was authorized to deed said 

tract to the State of Texas, to be held by it "in trust for the 

benefit of the Indians of the Alabama and Coushatta 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 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 Concurrent Resolution No. 31 

(Acts, 19539 R.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 shall have 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 Board was designated as the State 

agency to assume such trust responsibilities. 

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

"Since acquisition of these lands 

1 

this 

Board has determined that a business-l ke forest 

management program should be conducted on this 

,.acreage. It is contemplated to harvest marketable timber and do such replanting as necessary 

in order to carry out this program. Contact has 

been made with the Texas Forest Service with respect to assistance in carrying out such a timber 

management program and they have indicated that 

they could possibly cooperate with us in this 

effort.* 

You request our opinion as to (1) whether your Board 

may conduct such timber management program; (2) whether the 

approval of the Indian tribes is necessary; (3) whether a portion of the proceeds of timber sales may be used to pay Texas 

Forest Service for its services and &) what disposition is to 

be made of receipts from timber sales and how may same be expended. 

It is clear that one main purpose of both the State 

and Federal governments in effecting this transfer of trust responsibilities was 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 Congressional and Administrative News, 19.54, pO 3119. 

The following is found in the Committee Report: 

"The tribal assets consist solely of land 

upon which there is an excellent stand of timber, 

In accordance with Set, 6 of that Act the Secretary of the Interior has an obligation to regulate the operation and management of Indian forestry units on the principle of sustained-yield 

management. It has been impracticable for the 

Department of the Interior to do so in the case 

of the Alabama and Coushatta unit, 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 seventeen miles from the Alabama 

and Coushatta Reservation, is conducting various 

forestry protection and conservation measures 

with respect to timber lands within the general 

area surrounding the reservation. D O y The Governor of Texas has taken an active interest in 

the welfare of these Indians and the protection 

and development of their timber resource. He has 
Honorable Raymond W. Vowell, page 3 W-327) 

urged that a complete management program be developed for the utilization and conservation of this 

timber resource. In the negotiations between 

representatives of the State of Texas and the Rureau of Indian Affairs the representatives of the 

State have indicated a willingness on its part to 

undertake, without cost to the United States, the 

complete management of the Indian timber land for 

the benefit of the tribe," 

The Committee Report also contains a reference to a 

unanimous resolution adopted by the Alabama and Coushatta tribes 

of Texas on February 13, 19539 wherein the tribes voted "to authorize the great State of Texas to assume full responsibility 

for the management, protection, and conservation of our forest 

resources by applying to our reservation the policies and practices followed by the State in the management of the State 

forests." 

In 1938 the Alabama and Coushatta Indians adopted a 

Constitution which was approved by the Secretary of the Interior 

in accordance with 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 common welfare, and may adopt an approprlate 

constitution and bylaws, which shall become effective when ratified by a majority vote of the aduit 

members of the tribe or of the adult Indians residing on such reservation, as the case may be, at a 

special election authorized and called by the Secretary of the Interior under such rules and regulations as he may prescribe., Such constitution and 

bylaws when ratified as aforesaid and approved. by 

the Secretary of the Interior shall be revocable by 

an election open to the same voters and conducted 

in the same manner as hereinabove provided, Amendments to the constitution and bylaws may be ratified 

and approved by the Secretary in the same manner as 

the original constitution and bylaws, 

"In addition to all powers vested 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, 
. . . 

Honorable Raymond 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 submission of such estimates to the Bureau of the Budget and the Congress." 

Notice particularly the rights of the tribe under 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 the Alabama and 

Coushatta Tribes of Texas under Title 25, Section 721, U.S.C., 

which reads as follows: 

"The Secretary of 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 accordance with 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 Coushatta 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 approval of a majority of the adult members of the Alabama and Coushatta 

Tribes of Texas." 

Title 25, Section 723, U.S,C, provides for the continuation of ,the Constitution and bylaws OF the Alabama 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 the United States to take, review, or 

approve any action under the constitution and 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 :onferred upon the trfbi 
. 

Honorable Raymond W. Vowell, page 5 (WW-327) 

by its constitution and bylaws that are inconsistent with the provisions of this Act are 

terminated. Such termination shall not affect 

the power of the tribe to take any action under 

its constitution and bylaws that is consistent 

with section 721--728 of this title without the 

participation of the Secretary or other officer 

of the United States in such action.n 

From these statutes it is our opinion that the Federal 

Government did not intend to grant nor the State of Texas to assume any powers as trustee over said lands not previously exercised by the Federal Government. The lands and all tribal assets 

are the property of the Alabama 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 .of the 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 timber management program involves the disposition of lands 

and assets of the Alabama and Coushatta Indians and your Board 

is not authorized to conduct such a program without the approval 

of said Indians. 

As to your remaining questions, we deem it sufficient 

to say that the whole program should be approved by the Indians 

including method of selling timber, method of financing program, 

and disposition of proceeds from sale of timber. 

SUMMARY 

The Board for Texas State Hospitals and Special Schools may not conduct a timber management 

program on the 3,071-acre tract of land owned by 

the Alabama and Coushatta Indians, without the 

approval of said Indians. The program should be 

submitted to the Indians for their approval and 

should include the method 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 
.., . 

Honorable Raymond W. Vowell, page 6 (WW-327) 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

J. Mark McLaughlin 

Mrs.; Marietta McGregor Payne 

Leonard Passmore 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Arthur Sandlin