---
kind: "section"
citation: "25 U.S.C. § 408"
title: "25"
title_heading: "Indians"
number: "408"
heading: "Surrender of allotments by relinquishment for benefit of children"
release: "119-102"
url: "https://uscodex.org/usc/25/408"
units:
  - "Chapter 12 — Lease, Sale, or Surrender of Allotted or Unallotted Lands"
---

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


In any case where an [Indian](/usc/25/1934.md) has an allotment of land, or any right, title, or interest in such an allotment, the [Secretary](/usc/25/5130.md?p=1) of the Interior, in his discretion, may permit such [Indian](/usc/25/1934.md) to surrender such allotment, or any right, title, or interest therein, by such formal relinquishment as may be prescribed by the [Secretary](/usc/25/5130.md?p=1) 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](/usc/25/5130.md?p=1) 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.


## Source credit

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