Doctrine
allotment
Allotment divided tribal reservations into individual parcels under the 1887 Dawes Act and opened the unallotted remainder to purchase.
- Definition
- Division of tribal land into individual parcels (Dawes Act era) and sale of "surplus."
What happened
The General Allotment Act of 1887, known as the Dawes Act, authorized the President to survey a reservation and "allot the lands in said reservation in severalty to any Indian located thereon." Each head of a family was to receive "one-quarter of a section," and single adults and orphans smaller shares. Patents were to declare that the United States "will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian."
The Act also opened a second path. Once allotments were made, or sooner if the President thought best, the Secretary of the Interior could negotiate to buy "such portions of its reservation not allotted as such tribe shall, from time to time, consent to sell." Land that was not allotted could thus pass to non-Indian settlers.
The Supreme Court described the purpose in Hodel v. Irving (1987). The allotment legislation "seems to have been in part animated by a desire to force Indians to abandon their nomadic ways in order to speed the Indians' assimilation into American society," and in part by pressure to free new lands for settlement.
Congress ended the policy in 1934. The Indian Reorganization Act said that no land of any Indian reservation "shall be allotted in severalty to any Indian." Allotment's lasting effect is fractionation, described in a separate record.
Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error
What the sources say, and how this was checked
Well supported by the sources below.
allot the lands in said reservation in severalty to any Indian located thereon
General Allotment Act (Dawes Act), 24 Stat. 388 (Feb. 8, 1887), Statutes at Largesuch portions of its reservation not allotted as such tribe shall, from time to time, consent to sell
General Allotment Act (Dawes Act), 24 Stat. 388 (Feb. 8, 1887), Statutes at Largespeed the Indians' assimilation into American society
Hodel v. Irving, 481 U.S. 704 (1987), Cornell LIIshall be allotted in severalty to any Indian.
Indian Reorganization Act, 48 Stat. 984 (June 18, 1934), Statutes at Large
Research notes. The total acreage lost to allotment and the dollar value of sales were not stated in any source opened and are omitted. The 1887 date comes from Hodel v. Irving's citation of the General Allotment Act of 1887, 24 Stat. 388. The Dawes Act text was read through section 6 only. Individual tribes' experiences of allotment varied and are not covered here.
Who is doing the work
Native legal and land defense, nationally
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Connections
Applied in 13
- General Allotment (Dawes) Act1887
- Curtis Act1898
- Lone Wolf v. Hitchcock1903
- Burke Act1906
- Indian Reorganization Act (Wheeler-Howard Act)1934
- Mattz v. Arnett1973
- DeCoteau v. District County Court1975
- Rosebud Sioux Tribe v. Kneip1977
- Indian Land Consolidation Act (ILCA)1983
- Hodel v. Irving1987
- Brendale v. Confederated Tribes and Bands of the Yakama Indian Nation1989
- American Indian Probate Reform Act (AIPRA)2004
Show all 13
Sources
No source is linked to this record yet. That is a gap we are working to close.
- Kind
- Doctrine
- Confidence
- Medium