Title 25, IndiansRelease 119-102
§352a Cancellation of Patents in Fee Simple for Allotments Held in Trust
Title 25 › CHAPTER 9 — ALLOTMENT OF INDIAN LANDS › § 352a
Summary
The Interior Secretary can cancel a patent (a full ownership title) given to an Indian allottee or their heirs if it was issued without their consent or application and before the trust period or any presidential extension ended. Only if no part was mortgaged or sold will the land return to trust status as if the patent never existed.
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
Aug 21, 2026
Release point: 119-102