ACT AT SECTION 8 GRANTED SECTION 13 LANDS IN VARIOUS PORTIONS OF THE STATE TO THE STATE FOR THE USE AND BENEFIT OF THE UNIVERSITY OF OKLAHOMA, THE UNIVERSITY PREPARATORY SCHOOL, NORMAL SCHOOLS, THE AGRICULTURAL AND MECHANICAL COLLEGES AND THE COLORED AGRICULTURE NORMAL SCHOOL. IN THAT SECTION, THE ENABLING ACT ALSO RESERVED SECTION 33 LAND TO THE STATE TO BE USED FOR CHARITABLE AND PENIAL INSTITUTIONS AND PUBLIC BUILDINGS.
IN BOTH OF THESE GRANTING SECTIONS, AS WELL AS SECTION 9 AND 10 OF THE ENABLING ACT, CONGRESS PUT VARIOUS RESTRICTIONS ON THE USE OF THE GRANTED TRUST LANDS. FOR EXAMPLE, IN SECTION G THE ACT PROVIDES THAT SECTION 16 AND 36 LANDS COULD, UNDER SUCH REGULATIONS AS THE LEGISLATURE MAY PRESCRIBE, BE LEASED FOR PERIODS NOT TO EXCEED TEN YEARS.
THE LANDS GRANTED TO THE STATE IN THE ENABLING ACT WERE ACCEPTED BY OKLAHOMA IN ARTICLE XI, SECTION 1 OF THE OKLAHOMA CONSTITUTION, WHICH ACCEPTED SUCH GRANTS FOR THE USES AND PURPOSES DESIGNATED, AND UPON THE CONDITIONS AND LIMITATIONS CONTAINED IN THE GRANTS AND DONATIONS. IN ACCEPTING THE TRUST THE PEOPLE PLEDGED THE FAITH OF THE STATE TO PRESERVE THE GRANTED LANDS AND DONATED MONEYS AS A SACRED TRUST:
"THE STATE HEREBY ACCEPTS ALL GRANTS OF LAND AND DONATIONS OF MONEY MADE BY THE UNITED STATES UNDER THE PROVISIONS OF THE ENABLING ACT, AND ANY OTHER ACTS OF CONGRESS, FOR THE USES AND PURPOSES AND UPON THE CONDITIONS, AND UNDER THE LIMITATIONS FOR WHICH THE SAME ARE GRANTED OR DONATED; AND THE FAITH OF THE STATE IS HEREBY PLEDGED TO PRESERVE SUCH LANDS AND MONEYS AND ALL MONEYS DERIVED FROM THE SALE OF ANY OF SAID LANDS AS A SACRED TRUST, AND TO KEEP THE SAME FOR THE USES AND PURPOSES FOR WHICH THEY WERE GRANTED OR DONATED."
IN CONFORMITY WITH THE ENABLING ACT PROVISIONS, VARIOUS OTHER PROVISIONS OF ARTICLE XI OF THE OKLAHOMA CONSTITUTION PROVIDE FOR THE STATE'S MANAGEMENT OF THE LANDS AND MONEYS GRANTED IN TRUST. THE COMMISSIONERS OF THE LAND OFFICE AND THE STATE, IN ADMINISTERING THE SCHOOL LANDS AND FUNDS GRANTED THE STATE IN THE ENABLING ACT HAVE BEEN HELD TO ACT AS TRUSTEES. E.G., OKLAHOMA ED. ASS'N. INC. V. NIGH, 642 P.2D 230, 235 (OKLA. 1982), AND WEISS V. COMMISSIONERS OF THE LAND OFFICE, 75 P.2D 1142, 1143 (OKLA. 1938). THE OKLAHOMA SUPREME COURT HAS HELD THAT THE STATE HAS AN IRREVOCABLE DUTY, AS TRUSTEE, TO MANAGE THE TRUST ESTATE FOR THE EXCLUSIVE BENEFIT OF THE BENEFICIARIES, AND RETURN FULL VALUE FOR THE USE AND DISPOSITION OF TRUST PROPERTY. OKLAHOMA ED. ASS'N INC. V. NIGH, 640 P.2D 230, 235 (OKLA. 1982). THE REGULATIONS ON TRUST MANAGEMENT IN THE OKLAHOMA ENABLING ACT HAVE BEEN HELD, BY THE OKLAHOMA SUPREME COURT, TO BE WITHIN THE REGULATING POWER OF CONGRESS AND THEREFORE VALID LAWS OF THE UNITED STATES. STATE AND WILLIAMSON V. COMMISSIONERS OF THE LAND OFFICE, 301 P.2D 655, 659 (OKLA. 1956). THE PROVISIONS OF THE ENABLING ACT DEALING WITH THE DISPOSITION OF FEDERALLY GRANTED LANDS AND