Title 25, IndiansRelease 119-102

§408 Surrender of Allotments by Relinquishment for Benefit of Children

Title 25 › CHAPTER 12 — LEASE, SALE, OR SURRENDER OF ALLOTTED OR UNALLOTTED LANDS › § 408

Last updated Aug 21, 2026|Official source

Summary

The Secretary of the Interior may let an Indian give up an allotment or an interest in it so it can be assigned to a child who does not have one, and the Secretary will transfer it under the same conditions.

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

Aug 21, 2026

Release point: 119-102