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LegalText 25 U.S.C. § 352b Partial cancellation; issuance of new trust patents us united_states_code code_section 25 INDIANS 9 ALLOTMENT OF INDIAN LANDS 352b 25 U.S.C. § 352b current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s352b data/legal/raw/us/code/title-25/usc25.xml f0c809f997402930297759879b6cbe214648bcd77051e20ddaacc29a97b60def d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 10c1e2762861daebec66724e3f0ad20005d164daf1e5e9c50f3eefbd16445f1f 2026-07-04 official
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25 U.S.C. § 352b - Partial cancellation; issuance of new trust patents

Text

Where patents in fee have been issued for Indian allotments, during the trust period, without application by or consent of the patentees, and such patentees or Indian heirs have sold a part of the land included in the patents, or have mortgaged the lands or any part thereof and such mortgages have been satisfied, such lands remaining undisposed of and without incumbrance by the patentees, or Indian heirs, may be given a trust patent status and the Secretary of the Interior is, on application of the allottee or his or her Indian heirs, hereby authorized, in his discretion, to cancel patents in fee so far as they cover such unsold lands not encumbered by mortgage, and to cause new trust patents to be issued therefor, to the allottees or their Indian heirs, of the form and legal effect as provided by the Act of February 8, 1887 (24 Stat. 388), such patents to be effective from the date of the original trust patents, and the land shall be subject to any extensions of the trust made by Executive order on other allotments of members of the same tribe, and such lands shall have the same status as though such fee patents had never been issued: Provided, That this section and section 352a of this title shall not apply where any such lands have been sold for unpaid taxes assessed after the date of a mortgage or deed executed by the patentee or his heirs, or sold in execution of a judgment for debt incurred after date of such mortgage or deed, and the period of redemption has expired.

(Feb. 26, 1927, ch. 215, § 2, as added Feb. 21, 1931, ch. 271, 46 Stat. 1205.)

Notes

Editorial Notes

References in TextAct of February 8, 1887, referred to in text, is popularly known as the Indian General Allotment Act. For classification of this Act to the Code, see Short Title note set out under section 331 of this title and Tables.