§ 734 TITLE 25—INDIANS Page 302

1So in original. Probably should be ‘‘Tribal Council,’’.

ual members thereof; and for other purposes’’ and approved August 23, 1954, which is classified generally to

subchapter XXXI (§721 et seq.) of this chapter. For

complete classification of this Act to the Code, see

Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 734 of this title.

§ 734. 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 733(a) of

this title, the constitution and bylaws of the

tribe on file with the Committee on Natural Resources of the House of Representatives is hereby declared to be approved for the purposes of

section 476 of this title 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 subchapter

shall affect the power of the Tribal Council to

take any action under the constitution and bylaws described in subsection (b) of this section.

The Tribal Council shall represent the tribe and

its members in the implementation of this subchapter and shall have full 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 arrangement, to enter

into subcontracts or award grants to provide

for the administration of any such program or

activity, or to conduct 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 735 of this title as the

successor in interest to the Tribal Council.

(Pub. L. 100–89, title II, §204, Aug. 18, 1987, 101

Stat. 670; Pub. L. 103–437, §10(d), Nov. 2, 1994, 108

Stat. 4589.)

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 100–89,

Aug. 18, 1987, 101 Stat. 666, known as the Ysleta del Sur

Pueblo and Alabama and Coushatta Indian Tribes of

Texas Restoration Act, which enacted this subchapter

and subchapter LXXVIII (§1300g et seq.) of this chapter

and enacted provisions set out as notes under section

731 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section

731 of this title and Tables.

AMENDMENTS

1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Natural

Resources of the House of Representatives’’ for ‘‘Interior and Insular Affairs’’.

CHANGE OF NAME

Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of

Pub. L. 104–14, set out as a note preceding section 21 of

Title 2, The Congress.

§ 735. Adoption of new constitution and bylaws

Upon written request of the tribal council,1

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 476 of this title.

(Pub. L. 100–89, title II, §205, Aug. 18, 1987, 101

Stat. 671.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 734 of this title.

§ 736. Provisions relating to tribal reservation

(a) Federal reservation established

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 reservation 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 boundaries of the reservation as if such State had assumed such jurisdiction with the consent of the tribe under sections

1321 and 1322 of this title.