dreamproit/uscode huggingface dataset:
25 U.S.C. § 722 (INDIANS)
§ 722. Termination of Federal trust; publication; termination of Federal services; admission to hospitals and schools
Upon the conveyance to the State of Texas of the lands held in trust by the United States for the Alabama and Coushatta Tribes of Texas, the Secretary of the Interior shall publish in the Federal Register a proclamation declaring that the Federal trust relationship to such tribe and its members has terminated. Thereafter such tribe and its members shall not be entitled to any of the services performed by the United States for Indians because of their status as Indians: Provided, That after August 21, 1954 such Indians shall be eligible for admission, on the same terms that apply to other Indians, to hospitals and schools maintained by the United States.
(Aug. 23, 1954, ch. 831, § 2, 68 Stat. 769.)
25 U.S.C. § 723 (INDIANS)
§ 723. Termination of Federal powers over tribe
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, pursuant to the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.], are terminated. Any powers conferred upon the tribe by its constitution and bylaws that are inconsistent with the provisions of this subchapter 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 this subchapter without the participation of the Secretary or other officer of the United States in such action.
(Aug. 23, 1954, ch. 831, § 3, 68 Stat. 769.)
heading: References in Text
text: Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§ 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.
25 U.S.C. § 724 (INDIANS)
§ 724. Cancellation of indebtedness
The indebtedness of the Alabama and Coushatta Tribes of Texas to the United States incurred under the provisions of the Act of May 29, 1928 (45 Stat. 883, 900), is canceled, effective on the date of the proclamation to be issued in accordance with the provisions of section 722 of this title.
(Aug. 23, 1954, ch. 831, § 4, 68 Stat. 769.)
heading: References in Text
text: Act of May 29, 1928, referred to in text, is act May 29, 1928, ch. 853, 45 Stat. 883, known as the Second Deficiency Act, fiscal year, 1928. That portion of the act relating to indebtedness of Alabama and Coushatta Tribes is set out at 45 Stat. 900 and was not classified to the Code.
25 U.S.C. § 725 (INDIANS)
§ 725. Revocation of corporate charter
The corporate charter of the Alabama and Coushatta Tribes of Texas issued pursuant to the Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.], ratified on October 17, 1939, is revoked, effective on the date of the proclamation to be issued in accordance with the provisions of section 722 of this title.
(Aug. 23, 1954, ch. 831, § 5, 68 Stat. 769.)
heading: References in Text
text: Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§ 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.
25 U.S.C. § 726 (INDIANS)
§ 726. Applicability of Federal and State laws
On and after the date of the proclamation to be issued in accordance with the provisions of section 722 of this title, all statutes of the United States which affect Indians because of their status as Indians shall no longer be applicable to the Alabama and Coushatta Tribes of Texas or the members thereof, except as provided in said section and the laws of the several States shall apply to the tribe and its members in the same manner as they apply to other citizens or persons within their jurisdiction.
(Aug. 23, 1954, ch. 831, § 6, 68 Stat. 769.)
25 U.S.C. § 728 (INDIANS)
§ 728. Protection of Alabama and Coushatta Indians and conservation of resources after issuance of proclamation
The Act of June 18, 1934 (48 Stat. 984), as amended by the Act of June 15, 1935 (49 Stat. 387) [25 U.S.C. 461 et seq.], shall not apply to the tribe and its members after the date of the proclamation to be issued in accordance with the provisions of section 722 of this title.
(Aug. 23, 1954, ch. 831, § 8, 68 Stat. 769.)
heading: References in Text
text: Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§ 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.
25 U.S.C. § 731 (INDIANS)
§ 731. Definitions
For purposes of this subchapter—
(1) the term “tribe” means the Alabama and Coushatta Indian Tribes of Texas (considered as one tribe in accordance with section 732 of this title);
(2) the term “Secretary” means the Secretary of the Interior or his designated representative;
(3) the term “reservation” means the Alabama and Coushatta Indian Reservation in Polk County, Texas, comprised of—
(A) the lands and other natural resources conveyed to the State of Texas by the Secretary pursuant to the provisions of section 721 of this title;
(B) the lands and other natural resources purchased for and deeded to the Alabama Indians in accordance with an act of the legislature of the State of Texas approved February 3, 1854; and
(C) lands subsequently acquired and held in trust by the Secretary for the benefit of the tribe;
(4) the term “State” means the State of Texas;
(5) the term “constitution and bylaws” means the constitution and bylaws of the tribe which were adopted on June 16, 1971; and
(6) the term “Tribal Council” means the governing body of the tribe under the constitution and bylaws.
(Pub. L. 100–89, title II, § 201, Aug. 18, 1987, 101 Stat. 669.)
heading: Short Title
text: Pub. L. 100–89, § 1, Aug. 18, 1987, 101 Stat. 666, provided that: “This Act [enacting this subchapter and subchapter LXXVIII (§ 1300g et seq.) of this chapter and provisions set out below] may be cited as the ‘Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act’.”
heading: Regulations
text: Pub. L. 100–89, § 2, Aug. 18, 1987, 101 Stat. 666, provided that: “The Secretary of the Interior or his designated representative may promulgate such regulations as may be necessary to carry out the provisions of this Act [see Short Title note above].”
25 U.S.C. § 732 (INDIANS)
§ 732. Alabama and Coushatta Indian Tribes of Texas considered as one tribe
The Alabama and Coushatta Indian Tribes of Texas shall be considered as one tribal unit for purposes of this subchapter and any other law or rule of law of the United States.
(Pub. L. 100–89, title II, § 202, Aug. 18, 1987, 101 Stat. 670.)
25 U.S.C. § 733 (INDIANS)
§ 733. Restoration of Federal trust relationship; Federal services and assistance
(a) Federal trust relationship
The Federal recognition of the tribe and of the trust relationship between the United States and the tribe is hereby restored. The Act of June 18, 1934 (48 Stat. 984) [25 U.S.C. 461 et seq.], and all laws and rules of law of the United States of general application to Indians, to nations, tribes, or bands of Indians, or to Indian reservations which are not inconsistent with any specific provision contained in this subchapter shall apply to the members of the tribe, the tribe, and the reservation.
(b) Restoration of rights and privileges
All rights and privileges of the tribe and members of the tribe under any Federal treaty, Executive order, agreement, statute, or under any other authority of the United States which may have been diminished or lost under the Act approved August 23, 1954 [68 Stat. 768; 25 U.S.C. 721 et seq.], are hereby restored and such subchapter shall not apply to the tribe or to members of the tribe after August 18, 1987.
(c) Federal benefits and services
Notwithstanding any other provision of law, the tribe and the members of the tribe shall be eligible, on and after August 18, 1987, for all benefits and services furnished to federally recognized Indian tribes.
(d) Effect on property rights and other obligations
Except as otherwise specifically provided in this subchapter, the enactment of this subchapter shall not affect any property right or obligation or any contractual right or obligation in existence before August 18, 1987, or any obligation for taxes levied before August 18, 1987.
(Pub. L. 100–89, title II, § 203, Aug. 18, 1987, 101 Stat. 670.)
heading: References in Text
text: Act of June 18, 1934, referred to in subsec. (a), popularly known as the Indian Reorganization Act, is classified generally to subchapter V (§ 461 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.
Act approved August 23, 1954, referred to in subsec. (b), was in the original a reference to the Act entitled “An Act to provide for the termination of Federal supervision over the property of the Alabama and Coushatta Tribes of Indians of Texas, and the individual 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.
25 U.S.C. § 734 (INDIANS)
§ 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.)
heading: References in Text
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.
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–437 substituted “Natural Resources of the House of Representatives” for “Interior and Insular Affairs”.
25 U.S.C. § 735 (INDIANS)
§ 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.)
25 U.S.C. § 736 (INDIANS)
§ 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.
(Pub. L. 100–89, title II, § 206, Aug. 18, 1987, 101 Stat. 671.)
25 U.S.C. § 737 (INDIANS)
§ 737. Gaming activities
(a) In general
All gaming activities which are prohibited by the laws of the State of Texas are hereby prohibited on the reservation and on lands of the tribe. Any violation of the prohibition provided in this subsection shall be subject to the same civil and criminal penalties that are provided by the laws of the State of Texas. The provisions of this subsection are enacted in accordance with the tribe’s request in Tribal Resolution No. T.C.–86–07 which was approved and certified on March 10, 1986.
(b) No State regulatory jurisdiction
Nothing in this section shall be construed as a grant of civil or criminal regulatory jurisdiction to the State of Texas.
(c) Jurisdiction over enforcement against members
Notwithstanding section 736(f) of this title, the courts of the United States shall have exclusive jurisdiction over any offense in violation of subsection (a) of this section that is committed by the tribe, or by any member of the tribe, on the reservation or on lands of the tribe. However, nothing in this section shall be construed as precluding the State of Texas from bringing an action in the courts of the United States to enjoin violations of the provisions of this section.
(Pub. L. 100–89, title II, § 207, Aug. 18, 1987, 101 Stat. 672.)
25 U.S.C. § 741 (INDIANS)
§ 741. Purpose
The purpose of this subchapter is to provide for the termination of Federal supervision over the trust and restricted property of certain tribes and bands of Indians located in the State of Utah and the individual members thereof, for the disposition of federally owned property acquired or withdrawn for the administration of the affairs of such Indians, and for a termination of Federal services furnished such Indians because of their status as Indians.
(Sept. 1, 1954, ch. 1207, § 1, 68 Stat. 1099.)
heading: Repeal of Inconsistent Laws
text: Act Sept. 1, 1954, ch. 1207, § 20, 68 Stat. 1104, provided that: “All Acts or parts of Acts inconsistent with this Act [this subchapter] are repealed insofar as they affect the tribe or its members. The Act of June 18, 1934 (48 Stat. 984), as amended by the Act of June 15, 1935 (49 Stat. 378) [section 461 et seq. of this title], shall not apply to the tribe and its members after the date of the proclamation provided for in section 17 of this Act [section 757 of this title].”
heading: Separability
text: Act Sept. 1, 1954, ch. 1207, § 21, 68 Stat. 1104, provided that: “If any provision of this Act [this subchapter], or the application thereof, to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.”
25 U.S.C. § 742 (INDIANS)
§ 742. Definitions
For the purposes of this subchapter—
(a) “Tribe” means any of the following tribes or bands of Indians located in the State of Utah: Shivwits, Kanosh, Koosharem, and Indian Peaks Bands of the Paiute Indian Tribe.
(b) “Secretary” means the Secretary of the Interior.
(c) “Lands” means real property, interests therein, or improvements thereon, and includes water rights.
(d) “Individual Indian” means any individual Indian whose name appears on the final roll prepared pursuant to section 743 of this title.
(e) “Tribal property” means any real or personal property, including water rights, or any interest in real or personal property, that belongs to the tribe and either is held by the United States in trust for the tribe or is subject to a restriction against alienation imposed by the United States,
(Sept. 1, 1954, ch. 1207, § 2, 68 Stat. 1100.)
25 U.S.C. § 743 (INDIANS)
§ 743. Membership roll; preparation and initial publication; appeal from inclusion or omission from roll; finality of determination; final publication
Each tribe shall have a period of six months from September 1, 1954, in which to prepare and submit to the Secretary a proposed roll of the members of the tribe living on September 1, 1954, which shall be published in the Federal Register. If a tribe fails to submit such roll within the time specified in this section, the Secretary shall prepare a proposed role 1 for the tribe, which shall be published in the Federal Register. Any person claiming membership rights in the tribe or an interest in its assets, or a representative of the Secretary on behalf of any such person, may, within sixty days from the date of publication of the proposed roll, file an appeal with the Secretary contesting the inclusion or omission of the name of any person on or from such roll. The Secretary shall review such appeals and his decisions thereon shall be final and conclusive. After disposition of all such appeals by the Secretary, the roll of the tribe shall be published in the Federal Register, and such roll shall be final for the purposes of this subchapter.
(Sept. 1, 1954, ch. 1207, § 3, 68 Stat. 1100.)
25 U.S.C. § 744 (INDIANS)
§ 744. Personal property rights; restrictions
Upon publication in the Federal Register of the final roll as provided in section 743 of this title, the rights or beneficial interests in tribal property of each person whose name appears on the roll shall constitute personal property which may be inherited or bequeathed, but shall not otherwise be subject to alienation or encumbrance before the transfer of title to such tribal property as provided in section 745 of this title without the approval of the Secretary. Any contract made in violation of this section shall be null and void.
(Sept. 1, 1954, ch. 1207, § 4, 68 Stat. 1100.)
25 U.S.C. § 746 (INDIANS)
§ 746. Individual property
(a) Transfer of unrestricted control
The Secretary is authorized and directed to transfer within two years after September 1, 1954 to each member of each tribe unrestricted control of funds or other personal property held in trust for such member by the United States.
(b) Removal of restrictions on sales or encumbrances; fee simple title
All restrictions on the sale or encumbrance of trust or restricted land owned by members of the tribe (including allottees, heirs, and devisees, either adult or minor) are removed two years after September 1, 1954, and the patents or deeds under which titles are then held shall pass the titles in fee simple, subject to any valid encumbrance: Provided, That the provisions of this subsection shall not apply to subsurface rights in such lands, and the Secretary is directed to transfer such subsurface rights to one or more trustees designated by him for management for a period not less than 10 years. The title to all interests in trust or restricted land acquired by members of the tribe by devise or inheritance two years or more after September 1, 1954 shall vest in such members in fee simple, subject to any valid encumbrance.
(c) Multiple land ownership; partition; sale; election to purchase; unlocated owner
Prior to the time provided in subsection (b) of this section for the removal of restrictions on land owned by more than one member of a tribe, the Secretary may—
(1) upon request of any of the owners, partition the land and issue to each owner a patent or deed for his individual share that shall become unrestricted two years from September 1, 1954;
(2) upon request of any of the owners and a finding by the Secretary that partition of all or any part of the land is not practicable, cause all or any part of the land to be sold at not less than the appraised value thereof and distribute the proceeds of sale to the owners: Provided, That any one or more of the owners may elect before a sale to purchase the other interests in the land at not less than the appraised value thereof, and the purchaser shall receive an unrestricted patent or deed to the land; and
(3) if the whereabouts of none of the owners can be ascertained, cause such lands to be sold and deposit the proceeds of sale in the Treasury of the United States for safekeeping.
(Sept. 1, 1954, ch. 1207, § 6, 68 Stat. 1101.)
25 U.S.C. § 747 (INDIANS)
§ 747. Property of deceased members
(a) Federal laws inapplicable to probate
The Act of June 25, 1910 (36 Stat. 855), the Act of February 14, 1913 (37 Stat. 678), and other Acts amendatory thereto shall not apply to the probate of the trust and restricted property of the members of a tribe who die six months or more after September 1, 1954.
(b) State, etc., laws applicable to probate
The laws of the several States, Territories, possessions, and the District of Columbia with respect to the probate of wills, the determination of heirs, and the administration of decedents’ estates shall apply to the individual property of members of the tribe who die six months after September 1, 1954.
(Sept. 1, 1954, ch. 1207, § 7, 68 Stat. 1102.)
heading: References in Text
text: Act of June 25, 1910, referred to in subsec. (a), is act June 25, 1910, ch. 431, 36 Stat. 855, which enacted sections 47, 93, 151, 202, 337, 344a, 351, 352, 353, 372, 403, 406, 407, and 408 of this title, section 6a–1 of former Title 41, Public Contracts, and section 148 of Title 43, Public Lands, and amended sections 191, 312, 331, 333, and 336 of this title and sections 104 and 107 of former Title 18, Criminal Code and Criminal Procedure. Sections 104 and 107 of former Title 18 were repealed and restated as sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. Section 6a–1 of former Title 41 was repealed and restated as section 6102(e) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Tables.
Act of February 14, 1913, referred to in subsec. (a), is act Feb. 14, 1913, ch. 55, 37 Stat. 678, which amended section 373 of this title. For complete classification of this Act to the Code, see Tables.