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Questions and Answers
Which groups are specifically excluded from the provisions of this act?
Which groups are specifically excluded from the provisions of this act?
What is the amount appropriated for the surveys and resurveys mentioned in the act?
What is the amount appropriated for the surveys and resurveys mentioned in the act?
What does the act specify about Congress's authority over lands granted to Indians?
What does the act specify about Congress's authority over lands granted to Indians?
Which tribe is mentioned in the act regarding potential relocation from their reservation?
Which tribe is mentioned in the act regarding potential relocation from their reservation?
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Which territory is explicitly mentioned as adjoining the Sioux Nation?
Which territory is explicitly mentioned as adjoining the Sioux Nation?
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Who is responsible for selecting allotments for minor children according to the act?
Who is responsible for selecting allotments for minor children according to the act?
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What happens if an Indian fails to make a selection within four years after the allotments are directed by the President?
What happens if an Indian fails to make a selection within four years after the allotments are directed by the President?
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Which entity is tasked with certifying the allotments to the Commissioner of Indian Affairs?
Which entity is tasked with certifying the allotments to the Commissioner of Indian Affairs?
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What is required for an Indian not residing on a reservation to obtain an allotment?
What is required for an Indian not residing on a reservation to obtain an allotment?
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How long will the United States hold the allotted land in trust for the Indian according to the act?
How long will the United States hold the allotted land in trust for the Indian according to the act?
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What must occur upon the approval of the allotments by the Secretary of the Interior?
What must occur upon the approval of the allotments by the Secretary of the Interior?
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What happens to the land after the twenty-five year trust period expires?
What happens to the land after the twenty-five year trust period expires?
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In the event of improvements by multiple Indians on the same land, how will the land be divided?
In the event of improvements by multiple Indians on the same land, how will the land be divided?
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How will the fees for local land-office officials be paid?
How will the fees for local land-office officials be paid?
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What is the maximum amount of land that can be allotted to a single person over eighteen years of age?
What is the maximum amount of land that can be allotted to a single person over eighteen years of age?
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Who has the authority to allocate lands to Indians on reservations?
Who has the authority to allocate lands to Indians on reservations?
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If there is not enough land to fulfill the specified allotment, how will the land be distributed?
If there is not enough land to fulfill the specified allotment, how will the land be distributed?
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What is the amount of land designated for each orphan child under eighteen years of age?
What is the amount of land designated for each orphan child under eighteen years of age?
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What additional provision is made regarding land that is deemed only valuable for grazing purposes?
What additional provision is made regarding land that is deemed only valuable for grazing purposes?
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What is one of the reasons the President may cause a reservation to be surveyed?
What is one of the reasons the President may cause a reservation to be surveyed?
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How much land is allotted to each head of a family?
How much land is allotted to each head of a family?
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What is the lowest amount of land that can be allotted to any individual under the provisions outlined?
What is the lowest amount of land that can be allotted to any individual under the provisions outlined?
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What happens to any conveyance or contract made before the expiration of the specified time for the lands allotted?
What happens to any conveyance or contract made before the expiration of the specified time for the lands allotted?
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Which entity is responsible for ratifying the purchase and release of reservation lands by the Indian tribe?
Which entity is responsible for ratifying the purchase and release of reservation lands by the Indian tribe?
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What is the maximum area of land that can be sold to any one person by the United States under this provision?
What is the maximum area of land that can be sold to any one person by the United States under this provision?
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What is required for a patent to be issued for lands taken as homestead?
What is required for a patent to be issued for lands taken as homestead?
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How are the sums agreed to be paid for any portion of a reservation handled?
How are the sums agreed to be paid for any portion of a reservation handled?
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What is the purpose of the lands adapted to agriculture that are sold or released to the United States?
What is the purpose of the lands adapted to agriculture that are sold or released to the United States?
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What rights do members of Indian tribes have after allotments are completed?
What rights do members of Indian tribes have after allotments are completed?
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Which of the following statements about water rights on Indian reservations is correct?
Which of the following statements about water rights on Indian reservations is correct?
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How are lands occupied by religious societies confirmed under this act?
How are lands occupied by religious societies confirmed under this act?
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What happens to the status of an Indian who lives separately from their tribe and adopts civilized life?
What happens to the status of an Indian who lives separately from their tribe and adopts civilized life?
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Under what conditions can Indians who become citizens be preferred for public service roles?
Under what conditions can Indians who become citizens be preferred for public service roles?
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Which provision limits changes to claims by religious societies?
Which provision limits changes to claims by religious societies?
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What is the interest rate applied to funds held for tribal use in the Treasury?
What is the interest rate applied to funds held for tribal use in the Treasury?
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What does the act state about patents for homestead lands?
What does the act state about patents for homestead lands?
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Study Notes
Allotment of Indian Lands Act of 1887
- Purpose: To allot lands in severalty to Indians on reservations and extend US/Territory laws over Indians.
Allotment Provisions (Section 1)
-
Land Allotment: President authorized to survey and allot lands in reservations.
- Head of family: ¼ section
- Single person >18: ⅛ section
- Orphan child <18: ⅛ section
- Other single person <18: 1/16 section
- Pro-rata allotments: If insufficient land, allotments are divided proportionally.
- Treaty-specified allotment: If treaty specifies larger allotments, those are to be followed.
- Additional grazing land: In cases of grazing-only lands, additional grazing land is to be allotted.
Selection Process and Time Limit
- Selection by Indians: Indians to select allotments (with heads of families selecting for minors, and agents for orphans). Priority is given to existing improvements.
- Provisional line: When improvements are on same land, a provisional line may be established.
- Selection timeframe: Four-year time limit to select land; if not selected within time, Secretary of the Interior may direct the selection for the Indian.
- Selection by agents: If no Indian selection within timeframe, agents shall select for the Indian.
Allotment Enforcement (Section 3)
- Special Agents: Special agents appointed by the President to perform allotments.
- Reservation Agents: Local reservation agents work under guidelines set by interior secretary.
- Certification: Allotments are certified in duplicate, with one copy going to the Secretary of Interior and the other to the Commissioner of Indian Affairs.
Non-Reservation Allotment
- Unsurveyed lands: Non-reservation Indians settling on unsurveyed land receive allotments, with adjustments upon survey.
- Local land-office: Similar procedures to reservation allotments, with fees paid to land office officials.
Allotment Patents and Ownership
- Trust Period: Patents issued with a 25-year trust period and eventual title transfer to the Indian/heirs when the trust period expires.
- Extension of Trust: President may extend the trust period at discretion.
- Void conveyances/contracts: Any conveyance or contract on allotted lands before 25 years is void.
- State law application: State laws of descent and partition apply after patents are issued.
- Kansas law example: Kansas laws on real estate apply to allotted lands in Indian Territory.
- Sale of excess land: Secretary of Interior may sell remaining reservation land to settlers. These are for homes and have acreage limits and homestead requirements/time frame.
- Proceeds from land sales: Proceeds used exclusively in the education and civilization of tribes.
Rights, Laws, and Citizenship
- Tribal laws/territorial laws: Allotted Indians subject to state/territory and federal laws.
- Equal Protection of Law: Territories cannot deny Indian equal protection within their jurisdictions. Citizenship: Allotted, birth within US, or adopting civilized life.
- Additional citizenship criteria: Indians born in US territory, living apart from tribes and exhibiting civilized habits are considered US citizens with the accompanying rights.
Water Rights
- Irrigation rules: Secretary of the Interior creates guidelines to ensure fair water distribution for agricultural purposes.
- No damage to others: Regulations prevent water usage from harming other water users.
Exclusions
- Certain tribes: Act does not apply to specific tribes (Cherokees, Creeks, etc.) in Indian Territory, or Seneca Nation, or a Nebraska strip.
Funds and Removal (Sections 9, 11)
- Survey funds: $100,000 appropriated for land surveys with repayment from land sales.
- Right of Way: Congress reserves right of way for railroads and highways through Indian lands.
- Removal: Southern Ute Indians can be removed from their reservation under specific conditions.
Act specifics (final section)
- Religious societies: Existing religious and educational facilities' occupation may be confirmed, up to 160 acres.
- Preferred Employment: Indians who become citizens of the US, are preferred in their employment for Indian police or related roles in the public service among affected Indian tribes.
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Description
Test your knowledge on the Allotment of Indian Lands Act of 1887, which aimed to allocate land to Indians on reservations. This quiz covers the provisions for land allotment, selection process, and key aspects of the act. Challenge yourself to recall important details regarding land distribution and its implications for Native Americans.
