25 U.S.C. § 293a — Conveyance of school properties to local school districts or public agencies

submitted 73 years ago by ch. 98 to r/title-25-INDIANS · 365 words · no verdicts yet

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The Secretary of the Interior can transfer unneeded federal Indian school land to local governments or school authorities. No more than 50 acres can transfer per school property, and the U.S. keeps the mineral rights. If the new owner breaks the deal's terms for a year, the land can revert to the U.S.

This section lets the Secretary of the Interior — or an authorized representative — transfer old federal Indian school property to state or local government agencies, or to local school authorities. This covers land, buildings on it, and related personal property that was used for federal Indian school purposes but is no longer needed for such purposes. Two conditions apply before transferring land held by the United States in trust for an individual Indian or an Indian tribe: the beneficial owner must consent to the conveyance first, and no more than fifty acres of land can be transferred in connection with any single school property conveyed under this section. Every conveyance under this section must: reserve all mineral deposits in the land to the United States, along with the right to explore for and remove those minerals under rules the Secretary of the Interior prescribes; require the property to be used only for school or other public purposes; and require the property to be available to Indians and non-Indians on the same terms, unless the Secretary of the Interior approves otherwise. If the Secretary of the Interior later determines that the grantee has failed to observe the transfer agreement's terms, and that failure has continued for at least one year, the Secretary may declare the conveyance forfeited — and title to the property then reverts to the United States. The Secretary's determination on this is final. However, if the grantee fails for a year to observe the agreement's terms and the Secretary does not declare a forfeiture, the former beneficial owner — if an individual Indian or an Indian tribe — may petition the United States District Court for the district where the land is located to declare a forfeiture of the conveyance and to vest title back in the United States, in the same trust status that existed before.

the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior, or his authorized representative, is authorized to convey to State or local governmental agencies or to local school authorities all the right, title, and interest of the United States in any land and improvements thereon and personal property used in connection therewith heretofore or hereafter used for Federal Indian school purposes and no longer needed for such purposes: Provided, That the consent of the beneficial owner shall be obtained before the conveyance of title to land held by the United States in trust for an individual Indian or Indian tribe: Provided further, That no more than fifty acres of land shall be transferred under the terms of this section in connection with any single school property conveyed to State or local governmental agencies or to local school authorities. Any conveyance under this section shall reserve all mineral deposits in the land and the right to prospect for and remove such deposits under rules and regulations prescribed by the Secretary of the Interior, shall require the property to be used for school or other public purposes, and shall require the property to be available to Indians and non-Indians on the same terms unless otherwise approved by the Secretary of the Interior. If at any time the Secretary of the Interior determines that the grantee of any such lands, improvements, and personal property has failed to observe the provisions of the transfer agreement and that the failure has continued for at least one year, he may declare a forfeiture of the conveyance and the title conveyed shall thereupon revert to the United States. Such determination by the Secretary of the Interior shall be final. If the grantee of such land fails for a period of one year to observe the provisions of the transfer agreement and the Secretary of the Interior fails to declare a forfeiture of the conveyance, the former beneficial owner, if an individual Indian or an Indian tribe, may petition the United States District Court for the district where the land is located to declare a forfeiture of the conveyance and to vest the title in the United States, in the same trust status as previously existed.

Source credit: (June 4, 1953, ch. 98, 67 Stat. 41; Pub. L. 85–31, May 16, 1957, 71 Stat. 29; Pub. L. 87–417, Mar. 16, 1962, 76 Stat. 33.)

history & why it existsrecord from the source credit

1953Enacted · Act of June 4, 1953, ch. 98 · 67 Stat. 41
1957Amended · Pub. L. 85-31 · 71 Stat. 29
1962Amended · Pub. L. 87-417 · 76 Stat. 33

A history note hasn’t been published yet. The record shows enactment by ch. 98 on 1953-06-04.

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