October 4, 1965

Mr. Walter W.Broemer Superintendent Alabama-Coushatta Indian Reservation Livingston, Texas

Dear Mr. Broemer: Opinion No. C- 520 Re: Whether the Texas Commlsslon for Ind.lan Affairs can authorize the Alabama and Coushatta I&San Trlbal Council to negotiate and enter into contracts executing long term lease agreements with the Public Housing Administration. Your letter of September 8, 1965, requesting anopinion of this office, reads as follows:

"TheAlabama-Coushatta Indian Tribal Council has madeapplication for a Public Housing Project onthe 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 HouseBill 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) Canthe Texas Commission for Indian Affairs authorize the AlabamaandCoushatta Indian Tribal Council to negotiate andenter Into contracts executing long term lease agreements with the Public Housing Admlnlstratlon."

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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 slumclearance, 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. TheCommissionmaynegotiate 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 12of HouseBill log6 speclfltally authorizes the Commissionto negotiate for the purpose of obtaining grant8 for development of the Alabama-Coushatta thereby within the definition In Section 1402 (11) of Title 42. 42provld.es that the United. directly with the Texas Commlsalon for Indian Affair8 In contracts for financial assistance as the Commission’s primary re8pOn8ibi1ity is the development of the humanand economic re8ource8 of the AlabamB-Couahatta Indian Reservation.

Section 8of HouseBill 1096provides:

“Sec. 8. All powers, duties, and.function8 with respect to the supervision, management, and control of the Alabama-Coushatta Indian Reservation, previously vested in the Board of Texas State Hospital8 andSpecial Schools, andall appropriated balances, property, personnel, and

**-2450-**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 2of Article 3174b provides In part: II

. .Effectlve September 1, 1949, the controi andmanagementof, andall rights, privileges, powers, andduties lncld~ent thereto including bulldlng, design and construction of the Texas State Hospitals andSpecial Schools which are nowvested In, and exercised. by the State Board of Control shall be transferred to, vested In, andexercised by the Board for Texas,,State Ho8pltalS andSpecial Schools.

. . .The control andmanagementof the affairs andproperty of eleemosynary Institutions established by law are vested In the Board for Texas State Hospital8 andSpecial Schools. 29 Tex. Jur.2d 664, B 4. Institutions governed bythe Board mayadopt necessary rule8 andregulations to Improve efficiency Andy stand~ards necessary In the operation of the lnetitutlon. HarPiS v. Thomas, 217 S.W. 1068 (Tex.Clv.App. 1920). Control andmanagementof bulldlng construction onthe Alabama-Coushatta Reservation was vested In the State Board of Hospitals andSpecial School8 by virtue of Section 2of Article 317&b. Section 8 of HouseBill 1096 transfers control andmanagementof building construction to the Commlsslon for Indian Affairs. It Is our opinion that the power to execute long term leases for public housing development of the Alabama-Coushatta Reservation 18vested In the Commission for Ind~ianAffairs andmaynot be delegated to the AlabamaCoushatta Tribal Council. However, the lands and all tribal assets are the property of the Alabama-Coushatta Tribes, and anydisposltlon of these assets is subject to the approval of amajority of the Indlan8. (Attorney General'8 Opinion8 WW-327 andW-43). Therefore, the Commission for Indian Affair8 maynot execute long term leases with the Public Housing Administration for public ,hou8ing ontribal land without the approval of amajority of the Indians. SUMMARY

TheCommission for Indian Affair8 constitutes a "public hou81 Section 1402 agency" within the provisions of of Title 42, U.S.C.A. TheCommission for Indian Affairs cannot authorize the Alabama-Coushatta Tribal Council to
-2451-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 Commission for Ind~lanAffaira, 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: OPINIONCOMMITTEE W.V. Geppert, Chairman Malcolm Quick David Longorla Roger Tyler Ralph.Rash APPROVEDFOR

THEAT'J!ORNEX

GENERAL BY: T. B. Wright

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