Title 25 — IndiansRelease 119-73
§352a Cancellation of patents in fee simple for allotments held in trust
Title 25 › Chapter CHAPTER 9— - ALLOTMENT OF INDIAN LANDS › § 352a
Summary
The Secretary of the Interior can cancel a full-ownership patent given to an Indian allottee or their heirs if it was issued without the allottee’s or heirs’ consent or request, and if it was issued before the trust period (or any Presidential extension) ended. The Secretary may do this only if no part of the land has been sold or used as a mortgage. If canceled, the land goes back to the same trust status it had before the full-ownership patent was issued.
Full Legal Text
Title 25, §352a
Indians — Source: USLM XML via OLRC
The Secretary of the Interior is authorized, in his discretion, to cancel any patent in fee simple issued to an Indian allottee or to his heirs before the end of the period of trust described in the original or trust patent issued to such allottee, or before the expiration of any extension of such period of trust by the President, where such patent in fee simple was issued without the consent or an application therefor by the allottee or by his heirs: Provided, That the patentee has not mortgaged or sold any part of the land described in such patent: Provided also, That upon cancellation of such patent in fee simple the land shall have the same status as though such fee patent had never been issued.
Reference
Citations & Metadata
Citation
25 U.S.C. § 352a
Title 25 — Indians
Last Updated
Apr 6, 2026
Release point: 119-73