Editing Dawes Act (section)

==Provisions of the Dawes Act==
The important provisions of the Dawes Act<ref name="Dawes 1887"/> were:
# A head of family would receive a grant of {{convert|160|acre|ha}}, a single person or orphan over 18 years of age would receive a grant of {{convert|80|acre|ha}}, and persons under the age of 18 would receive {{convert|40|acre|ha}} each;
# the allotments would be held in trust by the U.S. Government for 25 years;
# Eligible Native Americans had four years to select their land; afterward the selection would be made for them by the Secretary of the Interior.<ref>Otis, D.S. ''The Dawes Act and the Allotment of Indian Lands.'' Norman: U. of OK Press, 1973, pp. 5–6. Originally published in 1934.</ref>

Every member of the bands or tribes receiving a land allotment is subject to laws of the state or territory in which they reside. Every Native American who receives a land allotment "and has adopted the habits of civilized life" (lived separate and apart from the tribe) is bestowed with United States citizenship "without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property".<ref>Dawes Act Sec. 6</ref>

The [[United States Secretary of the Interior|Secretary of the Interior]] could issue rules to assure equal distribution of water for irrigation among the tribes, and provided that "no other appropriation or grant of water by any riparian proprietor shall be authorized or permitted to the damage of any other riparian proprietor."<ref>Dawes Act Sec. 7</ref>

The Dawes Act did not apply to the territory of the:<ref>Dawes Act Sec. 8</ref>
* Cherokee, Creek, Choctaw, Chickasaw, Seminole, Miami, and Peoria in [[Indian Territory]]
* Osage and Sac and Fox in the [[Oklahoma Territory]]
* any of the reservations of the [[Seneca Nation of New York]], or
* a strip of territory in the State of Nebraska adjoining the Sioux Nation
* Red Lake Ojibwe Reservation
* The Osage Tribe of Oklahoma

Provisions were later extended to the [[Wea]], [[Peoria people|Peoria]], [[Kaskaskia]], [[Piankeshaw]], and Western Miami tribes by act of 1889.<ref>act of 1889, March 2, ch. 422 (post, p. 344)</ref> Allotment of the lands of these tribes was mandated by the Act of 1891, which amplified the provisions of the Dawes Act.<ref>Otis, pp. 177–188</ref>

===Dawes Act 1891 Amendments===
In 1891 the Dawes Act was amended:<ref>{{cite web|url=http://public.csusm.edu/nadp/a1891.htm|title=Dawes Severalty Act Amendments of 1891 (Statutes at Large 26, 794–96, NADP Document A1891)|archive-url=https://web.archive.org/web/20220216173718/http://public.csusm.edu/nadp/a1891.htm |access-date=2024-05-03|archive-date=February 16, 2022 }}</ref>
* Allowed for pro-rata distribution when the reservation did not have enough land for each individual to receive allotments in original quantities, and provided that when land is only suitable for grazing purposes, such land be allotted in double quantities<ref>Dawes Amendment Sec 1 and Sec 2</ref>
* Established criteria for inheritance<ref>Dawes Amendment Sec. 4</ref>
* Does not apply to [[Cherokee Outlet]]<ref>Dawes Amendment Sec. 5</ref>

===Provisions of the Curtis Act===
The [[Curtis Act]] of 1898 extended the provisions of the Dawes Act to the Five Civilized Tribes in Indian Territory. It did away with their self-government, including tribal courts. In addition to providing for allotment of lands to tribal members, it authorized the Dawes Commission to make determinations of members when registering tribal members.

===Provisions of the Burke Act===
The [[Burke Act]] of 1906<ref>{{cite web|url=http://digital.library.okstate.edu/kappler/Vol3/HTML_files/SES0181.html |title=Burke Act (34 Stat. 182) Chapter 2348, May 8, 1906. [H. R. 11946.] [Public, No. 149.] |access-date=2011-02-03 |url-status=dead |archive-url=https://web.archive.org/web/20110525124326/http://digital.library.okstate.edu/Kappler/Vol3/HTML_files/SES0181.html |archive-date=2011-05-25 }}</ref> amended the sections of the Dawes Act dealing with US Citizenship (Section 6) and the mechanism for issuing allotments. The Secretary of Interior could force the Native American Allottee to accept title for land. U.S. Citizenship was granted unconditionally upon receipt of land allotment (the individual did not need to move off the reservation to receive citizenship). Land allotted to Native Americans was taken out of Trust and subject to taxation. The Burke Act did not apply to any Native Americans in [[Indian Territory]].