25 U.S.C. § 293 — Sale of lands purchased for day school or other Indian administrative uses
submitted 109 years ago by ch. 146 to r/title-25-INDIANS · 208 words · no verdicts yet
The Secretary of the Interior can sell unneeded land bought for Indian day schools. The land goes to the highest bidder, and no single tract can exceed 160 acres. Sale money goes to the Treasury, unless tribal funds bought the land — then the tribe gets it.
This section lets the Secretary* of the Interior sell certain government-owned land. The land must have originally been purchased by the United States for a day school or other Indian administrative use, and it must no longer be needed for that original purpose. The sale follows applicable regulations under chapters 1 to 11 of title 40 and part of subtitle I of title 41 (with several specific sections of title 41 excluded).
The Secretary sets the rules for the sale and sells the land to the highest bidder. No single tract or part of a tract sold under this section can be larger than one hundred sixty acres. The Secretary decides how title is transferred: either by a "patent in fee simple" (a standard government land grant) for land that can be described using the official legal survey, or by a deed the Secretary executes, using a metes-and-bounds description (a description using boundary directions and distances) that identifies the exact land that was purchased.
All sale proceeds are paid into the Treasury of the United States. However, if the purchase price for the land had originally come from tribal funds, the net proceeds instead go into the Treasury credited to the respective tribes of Indians.
Subject to applicable regulations under chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41 the Secretary* of the Interior is authorized to cause to be sold, to the highest bidder, under such rules and regulations as he may prescribe any tract or part of a tract of land purchased by the United States for day school or other Indian administrative uses, not exceeding one hundred and sixty acres in any one tract, when said land or a part thereof is no longer needed for the original purpose; the proceeds therefrom in all cases to be paid into the Treasury of the United States; title to be evidenced by a patent in fee simple for such lands as can be described in terms of the legal survey, or by deed duly executed by the Secretary of the Interior containing such metes-and-bounds description as will identify the land so conveyed as the land which had been purchased: Provided, That where the purchase price was paid from tribal funds, the net proceeds shall be placed in the Treasury of the United States to the credit of the respective tribes of Indians.
Source credit: (Mar. 2, 1917, ch. 146, § 1, 39 Stat. 973; Oct. 31, 1951, ch. 654, § 2(17), 65 Stat. 707.)
- 1917Enacted · Act of Mar. 2, 1917, ch. 146 · 39 Stat. 973
- 1951Amended · Act of Oct. 31, 1951, ch. 654 · 65 Stat. 707
A history note hasn’t been published yet. The record shows enactment by ch. 146 on 1917-03-02.
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