6.3 Allotment and land loss
3 min read•august 9, 2024
The of 1887 changed everything for Native Americans. It divided tribal lands into individual parcels, aiming to assimilate them into American society. This policy had far-reaching effects, extending beyond the original act to include tribe-specific legislation.
The consequences were devastating. Native Americans lost about 90 million acres of land between 1887 and 1934. This massive reduction led to , , and a loss of that still impacts communities today.
Allotment Legislation
Dawes Act and Its Implementation
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- Dawes Act (General Allotment Act of 1887) divided tribal lands into individual parcels
- Aimed to assimilate Native Americans into mainstream American society through private land ownership
- Allotted 160 acres to each family head, 80 acres to single adults over 18, and 40 acres to orphans under 18
- Imposed 25-year trust period during which allotted lands could not be sold or leased without government approval
- Required Native Americans to adopt "civilized" farming practices on their allotted lands
- Promised U.S. citizenship to Native Americans who accepted allotments and adopted a "civilized" lifestyle
Evolution of Allotment Policy
- Allotment policy extended beyond Dawes Act to include tribe-specific legislation
- of 1898 applied allotment to the Five Civilized Tribes in Indian Territory (present-day Oklahoma)
- of 1906 amended the Dawes Act to allow "competent" Native Americans to sell their allotments before the 25-year trust period expired
- Competency commissions established to determine individual Native Americans' readiness for land ownership
- Burke Act accelerated the transfer of Native American lands to non-Native ownership
- Implementation of allotment policy varied across different tribes and regions
Land Ownership Changes
Transformation of Tribal Land Systems
- Individual land ownership replaced traditional communal land systems
- Allotment process divided reservation lands into individual parcels (typically 40, 80, or 160 acres)
- Native Americans received for their allotments, restricting their ability to sell or lease the land
- Tribal governments lost control over land distribution and management
- Concept of private property ownership conflicted with many Native American cultural and spiritual beliefs about land
Surplus Lands and Non-Native Settlement
- occurred as "surplus" lands were made available for non-Native settlement
- U.S. government declared unallotted reservation lands as "surplus" and opened them for sale to non-Natives
- of 1862 allowed non-Natives to claim 160 acres of "surplus" land for free
- Many tribes lost significant portions of their reservations to non-Native settlers
- Surplus land sales generated revenue for the U.S. government, often at the expense of tribal interests
- Non-Native settlement within reservation boundaries led to complex jurisdictional issues
Land Loss Consequences
Fragmentation of Tribal Territories
- created a patchwork of Native and non-Native owned lands within reservation boundaries
- Resulted in jurisdictional confusion and challenges for tribal governance
- Made it difficult for tribes to implement cohesive land management strategies
- Disrupted traditional hunting, fishing, and gathering practices that relied on contiguous territories
- Created barriers to economic development and natural resource management on reservations
Complexities of Land Inheritance and Ownership
- occurred as allotments were divided among multiple heirs over generations
- Led to increasingly smaller, often unusable parcels of land
- Created complex ownership situations with hundreds or thousands of individuals owning tiny shares of a single allotment
- Made it difficult to obtain consensus for land use decisions or economic development
- Resulted in many fractionated parcels becoming idle or unproductive
- of 1983 attempted to address fractionation but faced implementation challenges
Massive Reduction in Native American Land Holdings
- Indian land loss totaled approximately 90 million acres between 1887 and 1934
- Tribal land base decreased from 138 million acres in 1887 to 48 million acres by 1934
- Many tribes lost their entire land base and became landless
- Land loss led to economic hardship, cultural disruption, and for many Native American communities
- Erosion of tribal sovereignty and as land base diminished
- Long-term consequences include poverty, loss of traditional knowledge, and challenges to cultural continuity
Key Terms to Review (16)
Burke Act: The Burke Act, officially known as the Burke Act of 1906, was legislation aimed at reforming the Dawes Act's policy of land allotment to Native Americans. It sought to expedite the process of allotment and granted individual ownership of land, but it also included provisions that led to significant loss of Native lands as surplus lands could be sold to non-Native individuals. This act is crucial for understanding the historical context of allotment and land loss in Native American communities.
Checkerboarding: Checkerboarding is a land management practice that involves alternating blocks of land ownership between Native American tribes and non-Native individuals or entities. This method emerged primarily from policies related to allotment, where tribal lands were divided into parcels and distributed, leading to a fragmented landscape. This fragmentation not only complicates land use but also affects tribal sovereignty and cultural connections to the land.
Cultural Disruption: Cultural disruption refers to the significant upheaval and alteration of a society's cultural practices, beliefs, and social structures due to external influences or events. In the context of Native American experiences, this often resulted from colonization, which led to profound changes in their ways of life, social organization, and cultural continuity. The introduction of foreign diseases, land loss through allotment, and the establishment of a reservation system all contributed to a disconnection from traditional practices and a reformation of identity among Native populations.
Curtis Act: The Curtis Act of 1898 was legislation aimed at dissolving the tribal governments and allotting lands to individual Native Americans in Indian Territory, which is now part of Oklahoma. This act was a significant part of the broader policy of allotment that sought to assimilate Native Americans into American society by breaking up communal landholdings and promoting private property ownership, ultimately leading to substantial land loss for Indigenous peoples.
Dawes Act: The Dawes Act, enacted in 1887, was a federal law aimed at assimilating Native Americans into American society by allotting them individual plots of land and granting them U.S. citizenship. This act was part of a broader policy to dismantle tribal sovereignty, promote private land ownership, and encourage Native Americans to adopt Western agricultural practices.
Economic hardship: Economic hardship refers to the significant financial struggle that individuals or communities face, often leading to poverty and lack of access to basic resources. This term connects deeply to the historical context of land loss and allotment policies, where Native American communities faced dispossession of their lands, resulting in severe economic consequences and diminished livelihoods.
Fractionation: Fractionation refers to the process of breaking up or dividing land into smaller parcels, particularly in the context of Native American land ownership. This practice often results from federal policies aimed at allotment and assimilation, leading to a significant loss of tribal land and fragmentation of communal holdings among individual members, impacting the cultural and economic stability of Native American communities.
Homestead Act: The Homestead Act was a law enacted in 1862 that provided 160 acres of public land to settlers for a small fee, provided they improved the land by building a dwelling and cultivating crops. This act aimed to encourage westward expansion and settlement in the United States, significantly impacting Native American lands and leading to widespread allotment and land loss for Indigenous peoples as settlers moved into their territories.
Indian Land Consolidation Act: The Indian Land Consolidation Act, enacted in 1983, aimed to address the fragmentation of Native American lands resulting from previous policies like allotment. It sought to consolidate individual land holdings into larger, more manageable units to promote economic development and restore tribal sovereignty over lands. This act is crucial for understanding the historical context of land loss and the ongoing struggles for Native American land rights.
Land allotment: Land allotment refers to the process by which tribal lands were divided into individual parcels and assigned to Native American individuals and families, primarily as part of U.S. policies aimed at assimilating Indigenous peoples into Euro-American society. This approach often led to significant loss of communal land, cultural disruption, and conflicts over the land's ownership and use, which highlights the broader themes of cultural exchange and conflict as well as the impact on Indigenous communities’ traditional ways of life.
Patents-in-trust: Patents-in-trust refers to a legal arrangement that holds land in trust for Native American tribes, ensuring that the land remains under tribal control and cannot be sold or transferred without tribal consent. This concept emerged as a way to protect tribal lands from the negative impacts of allotment policies, which aimed to individualize land ownership and often led to significant land loss for tribes. By placing land into trust, tribes can maintain sovereignty over their territory, preserving cultural practices and community cohesion.
Self-determination: Self-determination is the right of individuals and groups to make choices about their own lives and governance without external influence. This principle is crucial in the context of indigenous communities, as it empowers them to reclaim autonomy, maintain cultural integrity, and engage in decision-making that directly affects their affairs.
Social dislocation: Social dislocation refers to the disruption of social structures and relationships within a community, often leading to feelings of isolation and fragmentation among individuals. This phenomenon can occur when people are forced to leave their homes or traditional ways of life, resulting in a loss of cultural identity and community cohesion. In the context of land loss, social dislocation becomes evident as communities struggle to adapt to new realities, facing challenges that impact their social fabric and overall well-being.
Surplus lands: Surplus lands refer to the parcels of land that remain after the allotment of land to individual Native American families under the Dawes Act of 1887. This policy aimed to assimilate Native Americans into American society by dividing communal tribal lands into individual plots, leaving excess land that was subsequently opened up for non-Native settlement and exploitation. The concept highlights the significant loss of tribal land and the impact of U.S. policies that sought to diminish Native sovereignty and traditional ways of life.
Tribal land dissolution: Tribal land dissolution refers to the process through which Native American tribal lands are fragmented, reduced, or lost due to various legal, political, and economic pressures. This often results from government policies aimed at assimilating Native Americans into mainstream society, leading to the loss of communal land ownership and sovereignty over traditional territories. As a consequence, tribal communities face significant cultural and economic impacts that affect their identity and livelihoods.
Tribal sovereignty: Tribal sovereignty refers to the inherent authority of indigenous tribes to govern themselves and make decisions regarding their internal affairs without external interference. This concept is essential for understanding the political independence of Native nations, their social structures, and their relationships with federal and state governments.