Transcript The Dawes Act

The Dawes Act
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Instituted February, 8th 1887
Named after sponsor,
Congressman Henry Dawes of
Massachusetts.
The Act was to give Native
Americans land and the idea was
to create independent farmers
out of the Natives.
Most land given away was near
useless and the Natives that
owned good land didn’t have the
resources or money to support a
farm.
Was amended in 1891 and in
1906 by the Burke Act
Remained in effect until 1934
After the full 87 years of the Act’s
existence about 90 million acres
of the Native American’s land was
lost.
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Section One states that the head of each family got 160
acres, all people over the age of 18 received 80 acres, and 40
acres would go to all children. The rest would be sold.
Section Two states that each Native American will choose his
or her own allotment and the family will choose for each
minor child. The Native American agent will choose for orphan
children.
Section Three requires the Native American agent to certify
each allotment and provide two copies of the certification to
the Commissioner of Indian Affairs one to be kept in the
Indian Office and the other to be transmitted to the (United
States Department of the Interior/Secretary of the Interior)
for his action, and to be sent to the (General Land Office).
Section Four provides that Native Americans not residing on
their reservation and Native Americans without reservations
will receive the equal allotment.
Section Five provides that the Secretary of the Interior will
hold the allotments "in trust" for 25 years. At that time, the
title will belong to the allotment holder or heirs. It also allows
the Secretary to negotiate under existing treaties for the land
not allotted to be purchased on "terms and conditions as shall
be considered just and equitable between the United States
and said tribe of Indians."
Section Six states that upon completion of the Land Patent
process, the allotment holder will become a United States
citizen and "be entitled to all the rights, privileges, and
immunities of such citizens".
Section Seven addresses water rights on irrigated land.
Section Eight exempts the Five Civilized Tribes and several
others from the act.
Section Nine appropriates the funds to carry out the act.
Section Ten asserts the Power of Eminent Domain of the
Congress over the allotments.
Section Eleven contains a provision for the Southern Ute
Native Americans.