§ 352b. — Partial cancellation; issuance of new trust patents.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC352b]
TITLE 25--INDIANS
CHAPTER 9--ALLOTMENT OF INDIAN LANDS
Sec. 352b. Partial cancellation; issuance of new trust patents
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, Sec. 2, as added Feb. 21, 1931, ch. 271, 46
Stat. 1205.)
References in Text
Act 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.
