The Dawes Act
2304 red diamonds rule
(1887)
“An act to provide for the allotment of lands to Indians on the various reservations, and to
extend the protection of the laws of the United States and the Territories over the Indians, and
for other purposes.
Be it enacted, That in all cases where any tribe or band of Indians has been, or shall hereafter
be, located upon any reservation created for their use, either by treaty stipulation or by virtue
of an act of Congress or executive order setting apart the same for their use, the President of
the United States be, and he hereby is, authorized, whenever in his opinion any reservation or
any part thereof of such Indians is advantageous for agricultural and grazing purposes to
cause said reservation, or any part thereof, to be surveyed to allot the lands in said
reservations in severalty (the condition of being separate) to any Indian located thereon in
quantities as follows:
To each head of a family, one-quarter of a section;
To each single person over eighteen years of age, one-eighth of a section;
To each orphan child under eighteen years of age, one-eighth of a section; and,
To each other single person under eighteen years now living, or who may be born prior to
the date of the order of the President directing an allotment of the lands embraced in any
reservation, one-sixteenth of a section; . . .
...
SEC. 5. That upon the approval of the allotments provided for in this act by the Secretary of
the Interior, he shall . . . declare that the United States does and will hold the land thus
allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to
whom such allotment shall have been made, . . . and that at the expiration of said period the
United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee,
discharged of such trust and free of all charge or encumbrance whatsoever: . . .
SEC. 6. That upon the completion of said allotments and the patenting of the lands to said
allottees, each and every member of the respective
bands or tribes of Indians to whom allotments have What is a land trust?
been made shall have the benefit of and be subject to the The purpose of a land trust is to allow one
laws, both civil and criminal, of the State or Territory in (the beneficiary) to maintain the legal title
which they may reside; . . .And every Indian born to a property that is actually owned by
within the territorial limits of the United States to whom another person (the trustee). The trust to
allotments shall have been made under the provisions of most of the tribal lands in the United States
is held by the United States government for
this act, or under any law or treaty, and every Indian the benefit of existing and future
born within the territorial limits of the United States generations of tribal populations.
who has voluntarily taken up, within said limits, his
The Dawes Act discusses two types of land
residence separate and apart from any tribe of Indians ownership. “Trust land” or land in a “trust
therein, and has adopted the habits of civilized life, is patent” is controlled by the federal
hereby declared to be a citizen of the United States, and government, but others are given the right
is entitled to all the rights, privileges, and immunities of to live on and occupy the land. This land can
be used by Native Americans, but cannot be
such citizens, whether said Indian has been or not, by sold since it belongs to the federal
birth or otherwise, a member of any tribe of Indians government. “Fee land” or land that is“fee
within the territorial limits of the United States without simple” is ownership where the occupier
in any manner impairing or otherwise affecting the right owns complete control over the land, its use,
and its sale without government oversight.
of any such Indian to tribal or other property. . . .”
© History with Mr. E
Specializing in American and World History for late Elementary, Middle, and early High School
