25 U.S.C. § 293a — Conveyance of school properties to local

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