Title 25 — IndiansRelease 119-73not60
§408 Surrender of Allotments by Relinquishment for Benefit of Children
Title 25 › Chapter 12— LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS › § 408
Summary
The Secretary of the Interior may allow a Native American who owns an allotment of land, or a right in one, to formally give it up in the form the Secretary requires so it can benefit any of their children who have not received an allotment. The Secretary will then assign the surrendered land or interest to those child(ren), keeping the same conditions that applied before the parent gave it up.
Full Legal Text
Title 25, §408
Indians — Source: USLM XML via OLRC
In any case where an Indian has an allotment of land, or any right, title, or interest in such an allotment, the Secretary of the Interior, in his discretion, may permit such Indian to surrender such allotment, or any right, title, or interest therein, by such formal relinquishment as may be prescribed by the Secretary of the Interior, for the benefit of any of his or her children to whom no allotment of land shall have been made; and thereupon the Secretary of the Interior shall cause the estate so relinquished to be allotted to such child or children subject to all conditions which attached to it before such relinquishment.
Reference
Citations & Metadata
Citation
25 U.S.C. § 408
Title 25 — Indians
Last Updated
Apr 5, 2026
Release point: 119-73not60