1 So in original. Probably should be capitalized.
For purposes of this subchapter—
(1) the term “tribe” means the Ysleta del Sur Pueblo (as so designated by section 1300g–1 of this title);
(2) the term “Secretary” means the Secretary of the Interior or his designated representative;
(3) the term “reservation” means lands within El Paso and Hudspeth Counties, Texas—
(A) held by the tribe on August 18, 1987;
(B) held in trust by the State or by the Texas Indian Commission for the benefit of the tribe on August 18, 1987;
(C) held in trust for the benefit of the tribe by the Secretary under section 1300g–4(g)(2) of this title; and
(D) subsequently acquired and held in trust by the Secretary for the benefit of the tribe.1
(4) the term “State” means the State of Texas;
(5) the term “Tribal Council” means the governing body of the tribe as recognized by the Texas Indian Commission on August 18, 1987, and such tribal council's successors; and
(6) the term “Tiwa Indians Act” means the Act entitled “An Act relating to the Tiwa Indians of Texas.” and approved April 12, 1968 (82 Stat. 93).
(Pub. L. 100–89, title I, §101, Aug. 18, 1987, 101 Stat. 666.)
The Tiwa Indians Act, referred to in par. (6), is Pub. L. 90–287, Apr. 12, 1968, 82 Stat. 93, which was not classified to the Code and was repealed by section 1300g–5 of this title.
For short title of Pub. L. 100–89, which enacted this subchapter, subchapter XXXI–A of this chapter, and provisions set out as notes under section 731 of this title, as the “Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act”, see section 1 of Pub. L. 100–89, set out as a note under section 731 of this title.
For provision authorizing the Secretary of the Interior or his designated representative to promulgate regulations as necessary to carry out provisions of this subchapter, see section 2 of Pub. L. 100–89, set out as a note under section 731 of this title.
1 So in original. The period probably should be a semicolon.
The Indians designated as the Tiwa Indians of Ysleta, Texas, by the Tiwa Indians Act shall, on and after August 18, 1987, be known and designated as the Ysleta del Sur Pueblo. Any reference in any law, map, regulation, document, record, or other paper of the United States to the Tiwa Indians of Ysleta, Texas, shall be deemed to be a reference to the Ysleta del Sur Pueblo.
(Pub. L. 100–89, title I, §102, Aug. 18, 1987, 101 Stat. 666.)
The Tiwa Indians Act, referred to in text, is Pub. L. 90–287, Apr. 12, 1968, 82 Stat. 93, which was not classified to the Code and was repealed by section 1300g–5 of this title.
This section is referred to in section 1300g of this title.
The Federal trust relationship between the United States and the tribe is hereby restored. The Act of June 18, 1934 (48 Stat. 984), as amended [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.
All rights and privileges of the tribe and members of the tribe under any Federal treaty, statute, Executive order, agreement, or under any other authority of the United States which may have been diminished or lost under the Tiwa Indians Act are hereby restored.
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.
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 I, §103, Aug. 18, 1987, 101 Stat. 667.)
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.
The Tiwa Indians Act, referred to in subsec. (b), is Pub. L. 90–287, Apr. 12, 1968, 82 Stat. 93, which was not classified to the Code and was repealed by section 1300g–5 of this title.
Nothing in this Act shall affect the power of the State of Texas to enact special legislation benefiting the tribe, and the State is authorized to perform any services benefiting the tribe that are not inconsistent with the provisions of this Act.
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, and
(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.
(Pub. L. 100–89, title I, §104, Aug. 18, 1987, 101 Stat. 667.)
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 XXXI–A (§731 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.
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.
The Secretary shall—
(1) accept any offer from the State to convey title to any land within the reservation held in trust on August 18, 1987, by the State or by the Texas Indian Commission for the benefit of the tribe to the Secretary, and
(2) hold such title, upon conveyance by the State, in trust for the benefit of the tribe.
At the written request of the Tribal Council, the Secretary shall—
(1) accept conveyance by the tribe of title to any land within the reservation held by the tribe on August 18, 1987, to the Secretary, and
(2) hold such title, upon such conveyance by the tribe, in trust for the benefit of the tribe.
Notwithstanding any other provision of law or regulation, the Attorney General of the United States shall approve any deed or other instrument which conveys title to land within El Paso or Hudspeth Counties, Texas, to the United States to be held in trust by the Secretary for the benefit of the tribe.
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.
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.
(1) Notwithstanding any other provision of law, the Tribal Council may, on behalf of the tribe—
(A) acquire land located within El Paso County, or Hudspeth County, Texas, after August 18, 1987, and take title to such land in fee simple, and
(B) lease, sell, or otherwise dispose of such land in the same manner in which a private person may do so under the laws of the State.
(2) At the written request of the Tribal Council, the Secretary may—
(A) accept conveyance to the Secretary by the Tribal Council (on behalf of the tribe) of title to any land located within El Paso County, or Hudspeth County, Texas, that is acquired by the Tribal Council in fee simple after August 18, 1987, and
(B) hold such title, upon such conveyance by the Tribal Council, in trust for the benefit of the tribe.
(Pub. L. 100–89, title I, §105, Aug. 18, 1987, 101 Stat. 667.)
This section is referred to in sections 1300g, 1300g–6 of this title.
The Tiwa Indians Act is hereby repealed.
(Pub. L. 100–89, title I, §106, Aug. 18, 1987, 101 Stat. 668.)
The Tiwa Indians Act, referred to in text, is Pub. L. 90–287, Apr. 12, 1968, 82 Stat. 93, which was not classified to the Code.
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.–02–86 which was approved and certified on March 12, 1986.
Nothing in this section shall be construed as a grant of civil or criminal regulatory jurisdiction to the State of Texas.
Notwithstanding section 1300g–4(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 I, §107, Aug. 18, 1987, 101 Stat. 668.)
The membership of the tribe shall consist of—
(1) the individuals listed on the Tribal Membership Roll approved by the tribe's Resolution No. TC–5–84 approved December 18, 1984, and approved by the Texas Indian Commission's Resolution No. TIC–85–005 adopted on January 16, 1985; and
(2) a descendant of an individual listed on that Roll if the descendant—
(i) has 1/8 degree or more of Tigua-Ysleta del Sur Pueblo Indian blood, and
(ii) is enrolled by the tribe.
Notwithstanding subsection (a) of this section—
(1) the tribe may remove an individual from tribal membership if it determines that the individual's enrollment was improper; and
(2) the Secretary, in consultation with the tribe, may review the Tribal Membership Roll.
(Pub. L. 100–89, title I, §108, Aug. 18, 1987, 101 Stat. 669.)