Source: Dawes Act of 1887 Notes

Dawes Act (1887)

The Dawes Act was enacted during the Forty-Ninth Congress in the Second Session. Its purpose was to provide for the allotment of lands in severalty to Native Americans residing on various reservations while extending protection under U.S. laws.

Act Overview

  • Date of Approval: February 8, 1887

  • Objective: To allot lands to Indians on reservations and provide them the protection of U.S. laws.

Key Provisions

Section 1 - Allotment of Lands

  • Authorized the President of the United States to survey and allot lands that are deemed suitable for agricultural and grazing purposes.

  • Allocation Quantities:

    • Each head of a family: 1/4 section

    • Each single individual over 18 years: 1/8 section

    • Each orphan child under 18: 1/8 section

    • Each other single person under 18: 1/16 section

  • If there is insufficient land for all, allotments are to occur pro rata according to the act.

  • If a treaty or act provides for greater allotment quantities, those specifications shall apply.

  • Provision for additional allotment of grazing land if the allotted land is only valuable for grazing.

Section 2 - Selection of Allotments

  • Indians must select their allotments; heads of families also select for minor children.

  • In cases of multiple improvements on the same land, a provisional line may divide lands.

  • Allotments not selected within four years can be chosen by designated agents.

  • Patents (legal documents confirming ownership) for such allotments will be processed similarly.

Section 3 - Procedure for Allotments

  • Allotments must be made by special agents appointed by the President, following laws and regulations prescribed by the Secretary of the Interior.

  • Certification process involves submission to the Commissioner of Indian Affairs and retention in the Indian Office.

Section 4 - Allotment for Non-Reservation Indians

  • Indians not on reservations may settle on surveyed or unsurveyed lands and apply for allotments similarly as those on reservations.

  • Upon application, they are entitled to allotments according to the same criteria.

  • Fees associated with the local land-office would be compensated from the U.S. Treasury.

Section 5 - Approval and Patent Issuance

  • Following approval from the Secretary of the Interior, patents shall be issued in the names of allottees, ensuring trust for 25 years.

  • After 25 years, the land will be conveyed to the allottee free of charge.

  • Contracts made to convey land before this period are void.

  • State laws regarding descent and partition will apply post-patent issuance, particularly in the Indian Territory, with specific reference to the laws of Kansas.

  • The Secretary of the Interior can negotiate purchases of unallotted lands with Indian tribes for just compensation, subject to Congress's ratification.

    • Agriculture-adapted lands sold must be sold only to bona fide settlers, not exceeding 160 acres per person.

    • Any transaction prior to patent issuance is deemed null and void.

  • The purchase moneys from Indian lands will be allocated for education and civilization efforts for the tribes.

Section 6 - Legal Rights and Protections

  • Members of tribes having received allotments are subject to civil and criminal laws of the residing state or territory, ensuring equal legal protection.

  • Any Indian born in the U.S., who receives an allotment or lives independently and adopts civilized customs, is declared a U.S. citizen with full rights and privileges unless otherwise specified.

Section 7 - Water Rights for Irrigation

  • The Secretary of the Interior is authorized to regulate irrigation water distribution to ensure fair access among reservation residents and protect existing users.

Section 8 - Exemptions

  • The act does not apply to reservations occupied by specific tribes: Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, Osage, Miamies, Peorias, Sacs, and Foxes, or reservations of the Seneca Nation and certain territories in Nebraska.

Section 9 - Funding for Surveys

  • $100,000 is appropriated for conducting required surveys and resurveys, to be repaid from proceeds of land sales under the act.

Section 10 - Congressional Authority

  • The act does not limit Congress's authority to grant land use rights for railroads, highways, or telegraph lines with just compensation advantages.

Section 11 - Southern Ute Indians

  • Stipulations exist to allow a majority of adult male members of the Southern Ute tribe to consent to relocation from their reservation.

Conclusion

This act represented a significant shift in U.S. policy towards Native American lands, focusing on individual land ownership and citizenship, while imposing extensive regulations and requirements for their lands and rights.