25 U.S.C. § 293a

Conveyance of school properties to local school districts or public agencies

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 25 CasesGoogle Scholar

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 of Decisions

Cited in 3 cases, 1984–1988 · leading case: Inter-Tribal Council of Nevada, Inc. v. Hodel

Sort: Relevance Newest Treatment

Inter-Tribal Council of Nevada, Inc. v. Hodel (1988) ca9 · cites it 10× “§ 1331 , and 25 U.S.C. § 293a. In pretrial proceedings, the court dismissed all counts of the complaint except the count demanding forfeiture of the deed under 25 U.”

Cabazon Indian Casino v. Internal Revenue Service (In Re Cabazon Indian Casino) (1986) bap9 · cites it 2× “2d at 880, fn. 1. [4] Since this case involves the taxation of an Indian tribe, not an individual Indian, the Cabazon Band has cited several Revenue Rulings which state that Indian tribes and Indian corporations are not taxable on income derived from activities carried on within…”

Inter-Tribal Council of Nevada, Inc. v. Watt (1984) nvd · cites it 4× “At the hearing on the motion for a preliminary injunction the Court concluded that the plaintiff was not the “beneficial owner” and was not an “indian tribe” within the meaning of 25 U.S.C. § 293a. After further reflection the Court believes that this conclusion was probably…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.