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Title 25 — Indians

Chapter 12 — Lease, Sale, or Surrender of Allotted or Unallotted Lands

§ 408. Surrender of allotments by relinquishment for benefit of children

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 61–431 § 3 · 36 Stat. 855

    Enacted · 25 U.S.C. § 408

    (June 25, 1910, ch. 431, § 3, 36 Stat. 856.)

    Source evidence

    Code source credit
    (June 25, 1910, ch. 431, § 3, 36 Stat. 856.)

    Enacted provision · exact public law section
    Sec. 3. That in any case where an Indian has an allotment of Surrender of trust allotments to children. 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 Conditions. 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.

1 of 1 references resolved to an enrolled provision

Credits

(June 25, 1910, ch. 431, § 3, 36 Stat. 856.)

Parsed from the official OLRC USLM XML in data/usc_all/usc25.xml · release point 119-108 · OLRC build 2026-05-06

USLM identifier /us/usc/t25/s408