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 an opinion 

of this office, reads as follows: 

"The Alabama-Coushatta Indian Tribal Council 

has made application for a Public Housing Project 

on the 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 House Bill 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) Can the Texas Commission for Indian 

Affairs authorize the Alabama and Coushatta 

Indian Tribal Council to negotiate and enter 

Into contracts executing long term lease 

agreements with the Public Housing Admlnlstratlon." 

-2449- 
Mr. Walter W. Broemer, page 2 (C- 520 ) 

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 slum clearance, 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. The Commission may negotiate 

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 12 of House Bill log6 speclfltally authorizes the Commission to negotiate for the purpose 

of obtaining grant8 for development of the Alabama-Coushatta 

thereby within the definition 

In Section 1402 (11) of Title 42. 

42 provld.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 human and economic re8ource8 of the AlabamB-Couahatta 

Indian Reservation. 

Section 8 of House Bill 1096 provides: 

“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 and Special Schools, and all 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 2 of Article 3174b provides In part: 

II 

. .Effectlve September 1, 1949, the 

controi and management of, and all rights, 

privileges, powers, and duties lncld~ent thereto 

including bulldlng, design and construction of 

the Texas State Hospitals and Special Schools 

which are now vested In, and exercised. by the 

State Board of Control shall be transferred 

to, vested In, and exercised by the Board for 

Texas,,State Ho8pltalS and Special Schools. 

. . . 

The control and management of the affairs and property 

of eleemosynary Institutions established by law are vested In 

the Board for Texas State Hospital8 and Special Schools. 29 Tex. 

Jur.2d 664, B 4. Institutions governed by the Board may adopt 

necessary rule8 and regulations 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 and management of 

bulldlng construction on the Alabama-Coushatta Reservation was 

vested In the State Board of Hospitals and Special School8 by 

virtue of Section 2 of Article 317&b. Section 8 of House Bill 

1096 transfers control and management of 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 18 vested In the Commission for Ind~ian Affairs and may not be delegated to the AlabamaCoushatta Tribal Council. However, the lands and all tribal assets 

are the property of the Alabama-Coushatta Tribes, and any disposltlon of these assets is subject to the approval of a majority of 

the Indlan8. (Attorney General'8 Opinion8 WW-327 and W-43). 

Therefore, the Commission for Indian Affair8 may not execute long 

term leases with the Public Housing Administration for public 

,hou8ing on tribal land without the approval of a majority of the 

Indians. 

SUMMARY 

The Commission for Indian Affair8 constitutes 

a "public hou81 

Section 1402 

agency" within the provisions of 

of Title 42, U.S.C.A. 

The Commission 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~lan Affaira, 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: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Malcolm Quick 

David Longorla 

Roger Tyler 

Ralph.Rash 

APPROVEDFOR THE AT'J!ORNEX GENERAL 

BY: T. B. Wright 

-2452-