25 U.S.C. § 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 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.
Notes of Decisions
Cited in 2
cases, 1970–1995 · leading case: Tooahnippah v. Hickel, 397 U.S. 598 (1970).
Tooahnippah v. Hickel, 397 U.S. 598 (1970). “25 U. S. C. § 408 . Yet neither this section nor any of the others in the enactment contains language cloaking the Secretary's actions with immunity from judicial review.”
Dionne v. Harless (In Re Harless), 187 B.R. 719 (Bankr. N.D. Ala. 1995). “The trustee contended that the IRA could not be excluded from the estate by Section 541(c)(2) of the Bankruptcy Code *722 because there were no restrictions on transfer in either 25 U.S.C. § 408 (a) or in the agreements that created the account.”
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