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§ 734. —  State and tribal authority.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 25USC734]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER XXXI-A--ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS: 
                   RESTORATION OF FEDERAL SUPERVISION
 
Sec. 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, Sec. 204, Aug. 18, 1987, 101 Stat. 670; Pub. 
L. 103-437, Sec. 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 (Sec. 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.



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