---
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"
date: "2026-07-12"
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 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 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.)