Allotment of Indian Lands Act of 1887 Quiz

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Questions and Answers

Which groups are specifically excluded from the provisions of this act?

  • Sioux and Seminoles
  • Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, Osage, Miamies, Peorias, and Sacs and Foxes (correct)
  • Cherokees and Creeks
  • Miamies and Peorias

What is the amount appropriated for the surveys and resurveys mentioned in the act?

  • $150,000
  • $50,000
  • $75,000
  • $100,000 (correct)

What does the act specify about Congress's authority over lands granted to Indians?

  • Congress has no authority over Indian lands at any time.
  • Congress can condemn lands with proper compensation. (correct)
  • Congress cannot grant rights of way through Indian lands.
  • Congress can grant rights of way without just compensation.

Which tribe is mentioned in the act regarding potential relocation from their reservation?

<p>Southern Ute Indians (D)</p> Signup and view all the answers

Which territory is explicitly mentioned as adjoining the Sioux Nation?

<p>Southern Nebraska (A)</p> Signup and view all the answers

Who is responsible for selecting allotments for minor children according to the act?

<p>The Indians themselves (D)</p> Signup and view all the answers

What happens if an Indian fails to make a selection within four years after the allotments are directed by the President?

<p>The Secretary of the Interior can have an agent select for them (B)</p> Signup and view all the answers

Which entity is tasked with certifying the allotments to the Commissioner of Indian Affairs?

<p>Special agents appointed for allotments (C)</p> Signup and view all the answers

What is required for an Indian not residing on a reservation to obtain an allotment?

<p>They need to apply in person at the local land-office (A)</p> Signup and view all the answers

How long will the United States hold the allotted land in trust for the Indian according to the act?

<p>Twenty-five years (D)</p> Signup and view all the answers

What must occur upon the approval of the allotments by the Secretary of the Interior?

<p>Patents must be issued in the name of the allottees (C)</p> Signup and view all the answers

What happens to the land after the twenty-five year trust period expires?

<p>The United States conveys the land to the Indian or their heirs (A)</p> Signup and view all the answers

In the event of improvements by multiple Indians on the same land, how will the land be divided?

<p>Using a provisional line to divide lands (C)</p> Signup and view all the answers

How will the fees for local land-office officials be paid?

<p>From the Treasury of the United States (B)</p> Signup and view all the answers

What is the maximum amount of land that can be allotted to a single person over eighteen years of age?

<p>One-eighth of a section (A)</p> Signup and view all the answers

Who has the authority to allocate lands to Indians on reservations?

<p>The President of the United States (B)</p> Signup and view all the answers

If there is not enough land to fulfill the specified allotment, how will the land be distributed?

<p>Pro rata according to the act (C)</p> Signup and view all the answers

What is the amount of land designated for each orphan child under eighteen years of age?

<p>One-eighth of a section (D)</p> Signup and view all the answers

What additional provision is made regarding land that is deemed only valuable for grazing purposes?

<p>An additional allotment of grazing lands is made to each individual (D)</p> Signup and view all the answers

What is one of the reasons the President may cause a reservation to be surveyed?

<p>If the reservation is advantageous for agricultural and grazing purposes (D)</p> Signup and view all the answers

How much land is allotted to each head of a family?

<p>One-quarter of a section (A)</p> Signup and view all the answers

What is the lowest amount of land that can be allotted to any individual under the provisions outlined?

<p>One-sixteenth of a section (B)</p> Signup and view all the answers

What happens to any conveyance or contract made before the expiration of the specified time for the lands allotted?

<p>It shall be absolutely null and void. (D)</p> Signup and view all the answers

Which entity is responsible for ratifying the purchase and release of reservation lands by the Indian tribe?

<p>The United States Congress. (A)</p> Signup and view all the answers

What is the maximum area of land that can be sold to any one person by the United States under this provision?

<p>One hundred sixty acres. (C)</p> Signup and view all the answers

What is required for a patent to be issued for lands taken as homestead?

<p>Five years of occupancy. (D)</p> Signup and view all the answers

How are the sums agreed to be paid for any portion of a reservation handled?

<p>Held in the Treasury of the United States for the tribe's use. (D)</p> Signup and view all the answers

What is the purpose of the lands adapted to agriculture that are sold or released to the United States?

<p>To secure homes for actual settlers. (B)</p> Signup and view all the answers

What rights do members of Indian tribes have after allotments are completed?

<p>Equal protection under state laws. (D)</p> Signup and view all the answers

Which of the following statements about water rights on Indian reservations is correct?

<p>The Secretary of the Interior can define water distribution rules. (D)</p> Signup and view all the answers

How are lands occupied by religious societies confirmed under this act?

<p>By the Secretary of the Interior. (A)</p> Signup and view all the answers

What happens to the status of an Indian who lives separately from their tribe and adopts civilized life?

<p>They gain citizenship of the United States. (B)</p> Signup and view all the answers

Under what conditions can Indians who become citizens be preferred for public service roles?

<p>When they have availed themselves of the act's provisions. (C)</p> Signup and view all the answers

Which provision limits changes to claims by religious societies?

<p>Their claims are unchanged by this act. (D)</p> Signup and view all the answers

What is the interest rate applied to funds held for tribal use in the Treasury?

<p>Three percent per annum. (A)</p> Signup and view all the answers

What does the act state about patents for homestead lands?

<p>Patents are issued after five years of occupancy. (C)</p> Signup and view all the answers

Flashcards

Allotment in Severalty

The right to own a specific portion of land, making the Indian individually responsible for its use and development.

Reservation

A designated area set aside for use by a specific Native American tribe or community.

Treaty Stipulation

An agreement made between two or more parties, often with the government.

Presidential Authority

The President of the United States has the power to decide when and how reservation lands are divided.

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Agricultural and Grazing Purposes

The land can be divided for farming and raising livestock.

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Allotment Quantities

The amount of land allotted depends on the individual's status; families, single adults, and children receive different allotments.

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Pro Rata Allotment

If there isn't enough land for equal allotments, it is divided proportionally.

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Prior Treaty or Law

When treaties or laws specify larger allotments, the President shall follow those established guidelines.

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Dawes Act (1887)

An act of Congress passed in 1887 that divided tribal lands into individual plots given to Native Americans. Its objective was to assimilate Native Americans into mainstream American society.

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Exceptions to the Dawes Act

This act excluded certain lands from the provisions of the Dawes Act, including those occupied by specific tribes in the Indian Territory, New York, and Nebraska.

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Funding for Surverying Lands

This section of the Dawes Act appropriated $100,000 for surveying and resurveying lands, with the cost to be recouped from future land sales to Native Americans.

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Congressional Right of Way

The Dawes Act did not prevent Congress from granting rights of way through Native American land for public use, such as highways, railroads, or telegraph lines.

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Relocation of Southern Ute Indians

The act allowed for the relocation of the Southern Ute Indians to a new reservation, with the consent of a majority of the tribe's adult males.

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Indian Allotment Process

Each Indian household, including those with minor children, is assigned land. The agent of the reservation is responsible for assigning land to orphan children.

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Land Division for Multiple Claims

When two or more Indians have improvements on the same land, a line is drawn to divide the land fairly. They then get equal amounts of the remaining land.

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Agent Selection for Non-Choosing Indians

If an Indian doesn't choose their land within four years, the agent will choose for them.

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Allotment Oversight

Special agents appoint by the President, along with reservation agents, oversee the allotment process.

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Official Recording and Approval of Allotments

The allotments are recorded and certified by the agents, and then sent to the Commissioner of Indian Affairs for review and final approval.

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Allotment for Non-Reservation Indians

Non-reservation Indians can get land too! They need to settle on unclaimed U.S. land and then apply to the local land office for the allotment.

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Fees for Land Office

The land office collects fees for handling allotment applications from non-reservation Indians.

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Land Ownership and Trust Period

After approval, the Secretary of the Interior issues a patent to the Indian, but the government keeps the land in trust for 25 years. After that, the Indian gets full ownership.

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Presidential Extension of Trust Period

The President can extend the 25-year trust period if needed.

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State/Territory Laws and Allotments

Allotments are made according to the laws of the state or territory where the land is located.

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Conveyances Before Allotment Expiration

Conveyances or contracts made before the allotted land's designated timeframe are declared invalid.

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State Laws After Patents

State laws regarding inheritance and division of property apply after land patents are issued, except as specifically stated in the act.

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Negotiating Tribal Land Purchase

The Secretary of the Interior can negotiate with a tribe to purchase land not allocated to individuals, with Congressional ratification.

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Purchased Land Use

The purchased land is held by the government for sale as homesteads to individual settlers, with a limit of 160 acres per person.

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Homestead Patent Requirements

Patents for homesteads are only issued after five years of continuous occupancy.

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Homestead Conveyances Before Patent

Any conveyance or contract related to a homestead before the patent is issued is void.

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Tribal Purchase Money Allocation

The purchase money for tribal land is held in the US Treasury for the tribe's benefit, with 3% interest.

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Tribal Money Appropriation

The money can be used by Congress for the tribe's education and civilization efforts.

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Patent Recording and Delivery

Patents are recorded officially and delivered to the allottee without cost.

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Religious Organization Land Use

Religious organizations can occupy up to 160 acres for religious or educational work, subject to Secretary of the Interior's approval.

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Citizen Preference in Public Service

Indians who have become US citizens are given preference in Indian police and other public service jobs, when qualified.

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Indian Citizenship and Law

After allotments are completed and land is patented, individuals are subject to state and territorial laws.

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Indian Citizenship Declaration

Indians born in the US, allotted land or voluntarily residing outside tribes, adopting civilized life, are declared US citizens.

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Water Allocation for Irrigation

The Secretary of the Interior can establish rules for water distribution on reservations to ensure fairness and equal access for irrigation.

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Water Rights Restrictions

No water rights can be granted to harm other landowners on the reservation.

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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: â…› section
    • Orphan child <18: â…› 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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