§293a — Title 25 Indians | U.S. Code

Summary

The Secretary of the Interior can transfer United States ownership of land, buildings, and related property that were used for Federal Indian schools and are no longer needed to State or local governments or local school boards. If the land is held in trust for an individual Indian or an Indian tribe, that person or tribe must agree first. No more than fifty acres from any single school property may be transferred. Transfers keep U.S. rights to mineral deposits and the right to seek and remove them under rules set by the Secretary. The property must be used for schools or other public purposes and be open to Indians and non‑Indians on the same terms unless the Secretary approves otherwise. If the new owner breaks the agreement for at least one year, the Secretary may cancel the transfer and the land returns to the United States. If the Secretary does not act, the former beneficial owner may ask the U.S. District Court where the land is located to cancel the transfer and restore the prior trust status.

Title 25, §293a

Indians — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1962—Pub. L. 87–417 increased land conveyance limitation from twenty to fifty acres. 1957—Pub. L. 85–31 inserted last sentence allowing the former beneficial owner, if an Indian or Indian tribe, to petition for declaration of forfeiture of conveyance where grantee has failed for period of one year to observe provisions of transfer agreement and Secretary has not declared forfeiture.

§293a Conveyance of School Properties to Local School Districts or Public Agencies

Summary

Title 25, §293a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata