Statute

TLA-S-1887

General Allotment (Dawes) Act

The 1887 Dawes Act let the President divide reservations into individual allotments and buy the leftover land for settlers.

Citation
Act of Feb. 8, 1887, ch. 119, 24 Stat. 388 (25 U.S.C. 331 et seq., repealed by Pub. L. 106-462, title I, sec. 106(a)(1), Nov. 7, 2000, 114 Stat. 2007)
Year
1887
Effect on land rights
eroded

What happened

The General Allotment Act, signed February 8, 1887, let the President break up Native reservations. Section 1 authorized him, whenever he thought a reservation or part of it "advantageous for agricultural and grazing purposes," to survey it and allot the land to individual Indians: a quarter of a section to each head of family, an eighth to single adults and orphans, and a sixteenth to other minors.

Allotments would be held in trust for 25 years. After that the United States would convey the land "in fee," free of the trust, though the President could extend the period. Any sale or contract before then was "absolutely null and void." Section 5 also let the Secretary of the Interior negotiate with a tribe to buy the land left unallotted, subject to ratification by Congress. Land so bought was to be held for actual settlers in tracts of up to 160 acres. Section 6 declared Indians who received allotments, or who lived apart from their tribe and adopted "the habits of civilized life," to be citizens.

The National Archives says the policy aimed at breaking up reservations and tribal lands, reasoning that people who took up farming would be assimilated. It says the results often differed: land was sometimes unsuitable for farming, heirs multiplied, and allotments were sold to non-Natives, so communities "lose vast acreage."

Congress repealed the Act's first section in 2000.

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

Well supported by the sources below.

  1. authorized, whenever in his opinion any reservation or any part thereof of such Indians is advantageous for agricultural and grazing purposesGeneral Allotment Act, Feb. 8, 1887, 24 Stat. 388 (Statutes at Large), govinfo.gov
  2. such conveyance or contract shall be absolutely null and voidGeneral Allotment Act, Feb. 8, 1887, 24 Stat. 388 (Statutes at Large), govinfo.gov
  3. The new policy focused specifically on breaking up reservations and tribal lands by granting land allotments to individual Native AmericansDawes Act (1887), National Archives Milestone Documents
  4. causing American Indian communities to lose vast acreage of their tribal landsDawes Act (1887), National Archives Milestone Documents
  5. Pub. L. 106–462, title I, § 106(a)(1), Nov. 7, 2000, 114 Stat. 200725 U.S. Code sec. 331 (Repealed), Cornell LII

Research notes. The old record's land-loss figures (about 138 million acres in 1887 to 48 million in 1934) came from secondary sources and were not confirmed in a page opened here, so they are left out. The record's 'Pub. L. 49-105' label is not shown on the Statutes at Large page, which gives chapter 119. The repeal citation covers section 1 as codified at 25 U.S.C. 331; the page does not say the whole Act was repealed.

Who is doing the work

Native legal and land defense, nationally

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Connections

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Doctrine applied 4

Policy era 1

Used to carry out 1

Sources

  1. en.wikipedia.org/wiki/Dawes_Actpointer
Kind
Statute
Confidence
High

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