CHAPTER 302

FORMERLY

SENATE BILL NO. 425

AN ACT PROVIDING FOR THE CONVEYANCE OF CERTAIN LANDS BY THE STATE BOARD OF EDUCATION TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES, TO BE USED FOR THE PUBLIC WELFARE AND ENJOYMENT.

WHEREAS, the State Board of Education has decided to discontinue the Mount Olive School and the property on which it is situated, located on State Route 113 in Kent County; and

WHEREAS, it has been proposed that the former school and property be utilized by the State as a "Native Americana Exhibition" which will promote public appreciation and awareness of American Indian culture and will promote Delaware tourism and provide an educational complex for schools, Scout organizations and other groups interested in the study of the American Indian; and

WHEREAS, the Delaware State Board of Education desires to transfer the Mount Olive School property to The Foundation for the Appreciation of American Indian Cultures, Inc., to construct an authentic Delaware Indian village and other tribal dwellings, preserving a pure village atmosphere without developing commercialism, and to provide and operate an educational center devoted to the cultural heritage of the American Indian; and

WHEREAS, such a project is in agreement and accordance with Section 504 (a), The Elementary and Secondary Education Act, Title IX—Ethnic Heritage Program, and this education Act recognizes projects of this nature dealing with the contributions to the national heritage made by each ethnic group of our nation.

NOW, THEREFORE:

Be it enacted by the General Assembly of the State of Delaware:

Section 2. In accordance with §4520, Title 7 of the Delaware Code, the State Board of Education is hereby authorized to convey the Mount Olive School building and property to the Department of Administrative Services, the real estate being approximately 3.52 acres of land and improvements, situate in Kent County, Delaware, as described in that certain deed from John P. Nields and Mary C. Nields, his wife, to the State Board of Education and duly placed of record by the Recorder of Deeds on February 8, 1923, as Deed No. 1-12-160. This conveyance of the Mount Olive School property to the Department of Administrative Services is subject to the following conditions:

(a) That the property be leased to The Foundation for the Appreciation of American Indian Cultures, Inc., or a similar organization, for ten dollars ($10.00) per annum for a period of ten (10) years, reserving to the lessee the option to renew the lease on the same terms and conditions.

(b) The lessee shall assume full responsibility for all repairs and improvements on the site.

(c) That the said property be utilized in the following manner:

(1) The construction of an authentic Delaware and/or Plains Indian tepee village which would depict the life style of American Indians as they lived in Delaware, which village would be constructed to serve the educational needs of schools, Scout organizations and other groups interested in the study of the American Indian. The village complex and school building shall be utilized to present instruction concerning contemporary as well as historical arts, crafts, traditions and life styles of the American Indians.

(2) The site may be utilized as an educational complex, cultural center and instructional center. It shall not be used for the financial profit of any person, private corporation or private association.

(3) The said property cannot be subsequently sold, leased or in any way transferred to any other person, corporation or association without further legislative approval.

(4) That all improvements to the site shall not be made until approved by the Department of Administrative Services.

Approved May 1, 1974.