Policy era
Allotment and Assimilation
The 1887 Dawes Act split reservations into allotments; a Nebraska encyclopedia says Indian-held land fell from 138 million to 48 million acres by 1934.
- Years
- 1887–1933
What happened
Allotment was the federal policy of breaking up land that tribes held in common into individual parcels. The General Allotment Act, passed February 8, 1887, authorized the President to survey reservations and allot the land in severalty. A head of a family was to receive one-quarter of a section, and single adults one-eighth. Patents would say the United States would hold the land in trust for twenty-five years.
The Encyclopedia of the Great Plains, from the University of Nebraska, explains the larger design. Land left over after allotment was deemed "surplus" and could be sold to non-Indians. It says the act was designed to detribalize Indians and assimilate them, and that by the time the process was stopped in 1934, Indian-held land had dropped from 138 million acres to 48 million acres.
The Supreme Court made it harder to resist. Lone Wolf v. Hitchcock (decided January 5, 1903) concerned the 1867 Medicine Lodge treaty with the Kiowa and Comanche, which required the signatures of three fourths of adult men for any cession. The Court held that Congress has always exercised plenary authority over tribal relations and that the three-fourths clause did not limit it.
The encyclopedia names one example: the Devils Lake Sioux Reservation in North Dakota was allotted in 1904, over the objections of many residents, leaving 92,000 surplus acres to be sold to non-Indians.
Good to know. The 138 and 48 million acre figures are given by the Encyclopedia of the Great Plains and the Bureau of Indian Affairs; other totals for acres lost exist.
Summarized with AI assistance from 5 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
Supported by the sources below; some details rest on one source.
will hold the land thus al- lotted, for the period of twenty-five years, in trust for the sole use and
General Allotment Act, Feb. 8, 1887, 24 Stat. 388 (govinfo)the amount of Indian-held land in the United States had dropped from 138 million acres to 48 million acres
Dawes Act (Encyclopedia of the Great Plains, Univ. of Nebraska)leaving 92,000 surplus acres to be sold to non-Indians
Dawes Act (Encyclopedia of the Great Plains, Univ. of Nebraska)Congress has always exercised plenary authority over the tribal relations of the Indians
Lone Wolf v. Hitchcock, 187 U.S. 553 (1903)Indian held land went from 138 million acres in 1887 to 48 million acres in 1934.
Indian Law and Policy History (Bureau of Indian Affairs)
Research notes. The 138 and 48 million acre figures are given by the Encyclopedia of the Great Plains and the Bureau of Indian Affairs, but the original government tables behind them were not opened. Other totals for acres lost exist.
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
These links were matched automatically by name or date and have not yet been reviewed by a person.
Enacted in this era 14
- General Allotment (Dawes) Act1887
- Jerome Agreement (Kiowa, Comanche, Apache), 1892 / Act of 19001892
- Talton v. Mayes1896
- Ward v. Race Horse1896
- Curtis Act1898
- Jones v. Meehan1899
- Lone Wolf v. Hitchcock1903
- United States v. Winans1905
- Antiquities Act of 19061906
- Burke Act1906
- Winters v. United States1908
- Indian Citizenship Act1924
Show all 14
Happened in this era 14
- The General Allotment (Dawes) Act of 1887 and the loss of the communal land base1887
- Act of March 2, 1889: the Great Sioux Reservation divided and about 9 million acres opened1889
- Lake Traverse Reservation (Sisseton-Wahpeton) and DeCoteau v. District County Court (1975)1889
- Medicine Lodge (1867) and Lone Wolf v. Hitchcock (1903): allotment without the promised three-fourths consent1892
- Hawaii (context): overthrow of the Kingdom (1893), annexation (1898) and the 1993 Apology1893
- Blackfeet and Glacier National Park: the 1895 agreement and the 1910 park1895
- Curtis Act (1898) and Oklahoma statehood (1907): Five Tribes governments dismantled and lands allotted1898
- McGirt v. Oklahoma (2020): the Muscogee (Creek) Reservation was never disestablished1898
- Stevens treaty fishing rights: Boldt (1974) and Washington v. Fishing Vessel Ass'n (1979)1900
- Yakama treaty rights: Winans (1905) and Cougar Den (2019)1900
- Rosebud Sioux Tribe v. Kneip (1977): the 1904 Act diminishes the Rosebud Reservation1904
- Return of Blue Lake to Taos Pueblo1906
Sources
- plainshumanities.unl.edu/encyclopedia/doc/egp.law.015.htmlreference work
- land-sales.iath.virginia.edu/wilson_t07.phpreference work
- iltf.org/land-issues/history/self-description
- en.wikipedia.org/wiki/Dawes_Actpointer
- doi.gov/pressreleases/secretary-haaland-announces-major-milestones-federal-indian-boardingself-description
The record’s fields
- Key acts
- General Allotment (Dawes) Act, Feb 8, 1887 (24 Stat. 388); Curtis Act 1898; Dead Indian Act 1902; Burke Act 1906; Lone Wolf v. Hitchcock (1903); Indian Citizenship Act 1924; Meriam Report 1928
- Effect on land
- Widely cited: about 138 million acres (1887) to about 48 million acres (1934), a loss of about 90 million acres (secondary sources; primary not found). Wilson 1935 Table VII: 40,848,172 acres allotted; 23,225,472 alienated from trust; 22,694,658 surplus opened to settlement. Fractionation of heirship land begins.
- Kind
- Policy era
- Confidence
- Medium