Overview
This lecture reviews the history and impact of the U.S. federal policy of land allotment on American Indian tribes, related legislation, court cases, and ongoing issues of land ownership and sovereignty.
Origins and Purpose of Allotment
- Allotment began in 1798 with treaties dividing tribal lands among individual members.
- Post-1871, Congress ended treaty-making and legislated Indian policies.
- Proponents saw communal land as "backwards" and pushed for private ownership to assimilate Indians and open land to non-Indians.
- The General Allotment Act of 1887 (Dawes Act) authorized division of reservations into individual allotments (typically 40-160 acres).
General Allotment Act (Dawes Act) and Amendments
- Indian allottees received land in trust, managed by the U.S. as trustee for 25 years, then full ownership was transferred.
- Surplus reservation land was sold to non-Indians, resulting in loss of 60 million acres of Indian land.
- Amendments like the Dead Indian Act (1902), Burke Act (1906), and others made it easier for Indian land to be sold, taxed, or lost.
- By 1934, Indian landholdings dropped from 138 million to 48 million acres.
End of Allotment and Ongoing Issues
- The Indian Reorganization Act of 1934 ended new allotments and kept remaining trust allotments in trust.
- Problems remained: land fractionation, non-Indian ownership, limited tribal sovereignty, and a "checkerboard" pattern of land control.
- Fractionated land ownership and probate issues persist today.
Major Allotment Legislation Overview
- Lists legislative acts related to allotment, land leasing, inheritance, and government powers from 1887 to the mid-20th century.
- The Indian Land Consolidation Act (1983) and subsequent amendments aimed to address fractionation and consolidate tribal landholdings.
Recent Legislation and Court Cases
- The Indian Land Consolidation Act and the American Indian Probate Reform Act (2004) created new rules for inheritance and land consolidation.
- Supreme Court cases such as Hodel v. Irving and Babbitt v. Youpee declared some land escheat provisions unconstitutional.
- Major cases addressed jurisdiction, land rights, and compensation.
Treaties and Tribal Sovereignty
- Historic treaties remain the basis for tribal sovereignty and nation-to-nation relations.
- Many tribes experienced allotment through both general and tribe-specific legislation.
Key Terms & Definitions
- Allotment — Division of tribal land into individual parcels for tribal members.
- Trust Land — Land held by the federal government for the benefit of Indian individuals or tribes.
- Fee Simple — Full ownership of land, including the right to sell or transfer it.
- Fractionation — Increasing division of land ownership among many heirs over generations.
- Surplus Land — Reservation land declared excess and sold to non-Indians.
- Escheat — Reversion of land to the tribe when an allottee dies without heirs.
Action Items / Next Steps
- Review the American Indian History Timeline (linked in the transcript).
- Study specific legislation and Supreme Court cases mentioned for deeper understanding.
- Prepare for discussion or assignment on the effects of allotment and related laws.