25 U.S.C. § 293b — Conveyance of abandoned school prop-

Page 63 TITLE 25—INDIANS § 293b sixty acres in any one tract, when said land or a part thereof is no longer needed for the origi- nal 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 exe- cuted by the Secretary of the Interior con- taining 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 respec- tive tribes of Indians. (Mar. 2, 1917, ch. 146, § 1, 39 Stat. 973; Oct. 31, 1951, ch. 654, § 2(17), 65 Stat. 707.) Editorial Notes CODIFICATION In text, ‘‘chapters 1 to 11 of title 40 and division C (ex- cept sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949, as amended’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1951—Act Oct. 31, 1951, inserted reference to applica- ble regulations of the Federal Property and Adminis- trative Services Act of 1949, as amended, at beginning of section; struck out ‘‘net’’ before ‘‘proceeds’’ in clause immediately following first semicolon; and, in proviso, substituted ‘‘the net proceeds’’ for ‘‘such proceeds’’. § 293a. Conveyance of school properties to local school districts or public agencies The Secretary of the Interior, or his author- ized representative, is authorized to convey to State or local governmental agencies or to local school authorities all the right, title, and inter- est of the United States in any land and im- provements 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 ob- tained before the conveyance of title to land held by the United States in trust for an indi- vidual 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 con- veyed to State or local governmental agencies or to local school authorities. Any conveyance under this section shall reserve all mineral de- posits in the land and the right to prospect for and remove such deposits under rules and regu- lations prescribed by the Secretary of the Inte- rior, shall require the property to be used for school or other public purposes, and shall re- quire 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 deter- mines that the grantee of any such lands, im- provements, 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 con- veyance 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 In- dian 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 con- veyance and to vest the title in the United States, in the same trust status as previously existed. (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.) Editorial Notes AMENDMENTS 1962—Pub. L. 87–417 increased land conveyance limita- tion 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 ob- serve provisions of transfer agreement and Secretary has not declared forfeiture. § 293b. Conveyance of abandoned school prop- erties in Alaska to local town or city officials or school authorities; reservation of rights and claims by United States and use condi- tions; violations and forfeiture of grant; de- terminations; reversion to United States The Secretary of the Interior be, and he is hereby, directed to convey to local town or city officials or to school authorities in the Terri- tory of Alaska, all the right, title, and interest of the United States in and to any parcel or tract of land and the improvements thereon for school or other public purposes whenever he shall determine that such land and improve- ments are no longer required by the Alaska Na- tive Service for school purposes: Provided, That any conveyance made pursuant to this section shall be subject to all valid existing rights and claims, shall reserve to the United States all mineral deposits in the lands and the right to prospect for and remove the deposits under such rules and regulations as the Secretary of the In- terior may prescribe, and shall provide that the lands and improvements conveyed shall be used for school or other public purposes only and that the school facilities maintained thereon or therein shall be available to all of the native children of the town, city, or other school dis- trict concerned on the same terms as to other children of such town, city, or district. The Sec- retary of the Interior, if at any time he deter- mines that the grantee of any such lands and improvements has violated or failed to observe the foregoing provisions and that such violation or failure has continued for a period of at least one year, may declare a forfeiture of the grant. Such determination by the Secretary shall be final, and thereupon the lands and improve- ments covered thereby shall revert to the Page 64 TITLE 25—INDIANS § 294 United States and become a part of the public domain subject to administration and disposal under the public land laws. (Aug. 23, 1950, ch. 778, 64 Stat. 470.) Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. § 294. Sale of certain abandoned buildings on lands belonging to Indian tribes The Secretary of the Interior is authorized to sell and convey at public sale, to the highest bidder, under such regulations and under such terms and conditions as he may prescribe, at not less than the appraised value thereof, any aban- doned day or boarding school plant, or any aban- doned agency buildings, situated on lands be- longing to any Indian tribe and not longer need- ed for Indian or administrative purposes, and to sell therewith not to exceed one hundred and sixty acres of land on which such plant or build- ings may stand. Title to all lands disposed of under the provisions of this section shall pass to the purchaser by deed or by patent in fee, with such reservations or conditions as the said Sec- retary may deem just and proper, no purchaser to acquire more than one hundred and sixty acres in any one tract: Provided, That the pro- ceeds of all such sales shall be deposited in the Treasury of the United States to the credit of the Indians to whom said lands belong, to be dis- posed of in accordance with existing law. (Feb. 14, 1920, ch. 75, § 1, 41 Stat. 415.) § 295. Supervision of expenditure of appropria- tions for school purposes All expenditure of money herein or after April 30, 1908, appropriated for school purposes among the Indians, shall be at all times under the su- pervision and direction of the Commissioner of Indian Affairs, and in all respects in conformity with such conditions, rules, and regulations as to the conduct and methods of instruction and expenditure of money as may be from time to time prescribed by him, subject to the super- vision of the Secretary of the Interior. (Apr. 30, 1908, ch. 153, 35 Stat. 72.) Editorial Notes CODIFICATION Act Apr. 30, 1908, embodied restrictions as to the amount which might be expended for the annual sup- port and education of any one pupil and specified the method for determining the number of pupils in any school entitled to the per capita allowance provided for by the act. Statutory Notes and Related Subsidiaries SCHOOL AND EMPLOYMENT TRANSPORTATION Separate appropriations for collection and transpor- tation of pupils to and from Indian schools, etc., with a proviso that a specified part of the amount so appro- priated may be used in placing Indian youths in em- ployment in industrial pursuits were made by the fol- lowing appropriation acts: Mar. 3, 1925, ch. 462, 43 Stat. 1155. May 24, 1922, ch. 199, 42 Stat. 562. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. § 296. Repealed. Mar. 2, 1929, ch. 576, 45 Stat. 1534 Section, acts Apr. 30, 1908, ch. 153, 35 Stat. 72; June 30, 1919, ch. 4, § 1, 41 Stat. 6; Feb. 21, 1925, ch. 280, 43 Stat. 958, placed a limitation on per capita expenditure for school purposes. § 297. Repealed. Pub. L. 99–228, § 3(3), Dec. 28, 1985, 99 Stat. 1748 Section, act May 25, 1918, ch. 86, § 1, 40 Stat. 564, pro- vided for expenditures for education of children with less than one-fourth Indian blood. See section 2007 of this title. § 298. Omitted Editorial Notes CODIFICATION Section, act July 4, 1884, ch. 180, § 9, 23 Stat. 98, which required Indian agents to submit a census of the Indi- ans at the agency in their annual report, was omitted as obsolete since there have been no Indian agents since 1908. See note set out under section 64 of this title. §§ 299 to 301. Repealed. May 29, 1928, ch. 901, § 1, 45 Stat. 990, 991 Section 299, act Mar. 2, 1887, ch. 320, § 1, 24 Stat. 465, related to report of expenditures of Indian education fund. Section 300, act Mar. 3, 1911, ch. 210, § 1, 36 Stat. 1060, related to report of expenditures of Indian school and agency. Section 301, act Mar. 3, 1911, ch. 210, § 1, 36 Stat. 1061, related to appropriations for experiments on Indian schools or agency farms. § 302. Repealed. Pub. L. 117–317, § 2(11), Dec. 27, 2022, 136 Stat. 4420 Section, act June 21, 1906, ch. 3504, 34 Stat. 328, re- lated to designation of Indian Reform Schools, appro- priations, and parental consent. § 303. Omitted Editorial Notes CODIFICATION Section, act Oct. 12, 1949, ch. 680, title I, 63 Stat. 776, which related to education loans to worthy youths, was from Department of the Interior Appropriation Act, 1950, and was not repeated in Department of the Inte- rior Appropriation Act, 1951, act Sept. 6, 1950, ch. 896, ch. VII, title I, 64 Stat. 679. § 304. South Dakota Indians; State course of study On and after July 1, 1950, the course of study taught in any school operated and maintained