6.3 Allotment and land loss

The Dawes Act of 1887 changed everything for Native Americans. It divided tribal lands into individual parcels, aiming to assimilate them into American society. This policy had far-reaching effects, extending beyond the original act to include tribe-specific legislation.

The consequences were devastating. Native Americans lost about 90 million acres of land between 1887 and 1934. This massive reduction led to economic hardship, cultural disruption, and a loss of tribal sovereignty that still impacts communities today.

Allotment Legislation

Dawes Act and Its Implementation

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• Dawes Act (General Allotment Act of 1887) divided tribal lands into individual parcels
• Aimed to assimilate Native Americans into mainstream American society through private land ownership
• Allotted 160 acres to each family head, 80 acres to single adults over 18, and 40 acres to orphans under 18
• Imposed 25-year trust period during which allotted lands could not be sold or leased without government approval
• Required Native Americans to adopt "civilized" farming practices on their allotted lands
• Promised U.S. citizenship to Native Americans who accepted allotments and adopted a "civilized" lifestyle

Evolution of Allotment Policy

• Allotment policy extended beyond Dawes Act to include tribe-specific legislation
• Curtis Act of 1898 applied allotment to the Five Civilized Tribes in Indian Territory (present-day Oklahoma)
• Burke Act of 1906 amended the Dawes Act to allow "competent" Native Americans to sell their allotments before the 25-year trust period expired
• Competency commissions established to determine individual Native Americans' readiness for land ownership
• Burke Act accelerated the transfer of Native American lands to non-Native ownership
• Implementation of allotment policy varied across different tribes and regions

Land Ownership Changes

Transformation of Tribal Land Systems

• Individual land ownership replaced traditional communal land systems
• Allotment process divided reservation lands into individual parcels (typically 40, 80, or 160 acres)
• Native Americans received patents-in-trust for their allotments, restricting their ability to sell or lease the land
• Tribal governments lost control over land distribution and management
• Concept of private property ownership conflicted with many Native American cultural and spiritual beliefs about land

Surplus Lands and Non-Native Settlement

• Tribal land dissolution occurred as "surplus" lands were made available for non-Native settlement
• U.S. government declared unallotted reservation lands as "surplus" and opened them for sale to non-Natives
• Homestead Act of 1862 allowed non-Natives to claim 160 acres of "surplus" land for free
• Many tribes lost significant portions of their reservations to non-Native settlers
• Surplus land sales generated revenue for the U.S. government, often at the expense of tribal interests
• Non-Native settlement within reservation boundaries led to complex jurisdictional issues

Land Loss Consequences

Fragmentation of Tribal Territories

• Checkerboarding created a patchwork of Native and non-Native owned lands within reservation boundaries
• Resulted in jurisdictional confusion and challenges for tribal governance
• Made it difficult for tribes to implement cohesive land management strategies
• Disrupted traditional hunting, fishing, and gathering practices that relied on contiguous territories
• Created barriers to economic development and natural resource management on reservations

Complexities of Land Inheritance and Ownership

• Fractionation occurred as allotments were divided among multiple heirs over generations
• Led to increasingly smaller, often unusable parcels of land
• Created complex ownership situations with hundreds or thousands of individuals owning tiny shares of a single allotment
• Made it difficult to obtain consensus for land use decisions or economic development
• Resulted in many fractionated parcels becoming idle or unproductive
• Indian Land Consolidation Act of 1983 attempted to address fractionation but faced implementation challenges

Massive Reduction in Native American Land Holdings

• Indian land loss totaled approximately 90 million acres between 1887 and 1934
• Tribal land base decreased from 138 million acres in 1887 to 48 million acres by 1934
• Many tribes lost their entire land base and became landless
• Land loss led to economic hardship, cultural disruption, and social dislocation for many Native American communities
• Erosion of tribal sovereignty and self-determination as land base diminished
• Long-term consequences include poverty, loss of traditional knowledge, and challenges to cultural continuity