TITLE 25 - US CODE - SUBCHAPTER XXXIA - ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS: RESTORATION OF FEDERAL SUPERVISION

25 USC 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.

25 USC 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.

25 USC 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.

25 USC 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.

25 USC 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.
[1] So in original. Probably should be “Tribal Council,”.

25 USC 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.

25 USC 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 tribes request in Tribal Resolution No. T.C.8607 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.