Summary of Act of February 6, 1901 (31 Stat. 760)

Amends slightly the portion of the Act of August 15, 1894, which states that anyone of Indian descent who claims to be entitled to land under any allotment act or claims to have been unlawfully denied any allotment is able to prosecute or defend any action or suit in the appropriate circuit court. Also provides for the process by which these suits are brought to the attention of the district attorney and authorizes him to defend the U.S. Government against the suit.

Click here for full text in Kappler’s Indian Affairs: Laws and Treaties, produced by Oklahoma State University Library.

.

Summary of Act of March 3, 1901 (31 Stat. 1058)

Contains a provision authorizing the Secretary of the Interior to grant rights-of-way in the nature of easements across tribal and allotted lands for telephone and telegraph lines and offices. Also, contains a provision subjecting allotted lands to condemnation under the laws of the state or territory in which they are located. The money awarded as damages shall be paid to the allottee. See also Section 10 of General Allotment Act.

Click here for full text in Kappler’s Indian Affairs: Laws and Treaties, produced by Oklahoma State University Library.

Summary of the "Dead Indian Act", Act of May 27, 1902 (32 Stat. 245, 275)

Established a procedure whereby the adult heirs of a deceased allottee could sell the heirship lands with approval of the Secretary of the Interior. Section 7: “That the adult heirs of any deceased Indian to whom a trust or other patent containing restrictions upon alienation has been or shall be issued for lands allotted to him may sell and convey the lands inherited from such a descendent … In the case of minor heirs their interests shall be sold only by a guardian duly appointed by the proper court upon the order of such court, made upon petition filed by the guardian.” Also known as “The Dead Indian Act.”

An excerpt from a government report describes the changes induced by this act in the following way: “Upon the death of the allottee there were four possible methods of disposing of the estate:

(1) The Secretary of the Interior could issue fee patents to the heirs as a group or otherwise remove the restrictions.
(2) The estate could be physically partitioned among the heirs and either trust or fee patents issued to them individually.
(3) The estate could be retained by the superintendent and leased for the benefit of the heirs.
(4) The estate could be sold under Government supervision and the proceeds distributed among the heirs.

… under the act of 1902 a single “competent” heir could demand the sale of the whole allotment.” Indian Land Tenure, Economic Status, and Population Trends, Part X of the Report on Land Planning, Office of Indian Affairs, U.S. Printing Office (1935): 15-16.

Click here for full text in Kappler’s Indian Affairs: Laws and Treaties, produced by Oklahoma State University Library.

Summary of Act of May 31, 1902 (32 Stat. 284)

The statutes of limitations of the states in which an allotment is located will apply to all actions brought in any state or federal court by any patented allottee, his heirs, or grantees, made against the government for possession or rents from the allotted lands under treaty.

Click here for full text in Kappler’s Indian Affairs: Laws and Treaties, produced by Oklahoma State University Library.

Summary of Burke Act, Act of May 8, 1906 (34 Stat. 182)

Amends section 6 of the GAA, adding that the Secretary of the Interior can authorize the issue of a patent in fee simple to an allottee whenever the Secretary is convinced that the Indian allottee is competent and capable of managing his or her affairs. (This did not require the Indian’s approval, desire, or knowledge of the fee simple patent issue.) After the patent-in-fee simple is given, all restrictions to sale or encumbrance are removed and the allotment is subject to taxation. Under this act, all allottees who have not received fee simple patents are subject to the exclusive jurisdiction of the United States. This act does not extend to Indian Territory (Oklahoma).

This act also grants the Secretary of the Interior express authority over determining the legal heirs of deceased Indians for the first time. Whenever an allotment is made to an Indian and the Indian dies before the expiration of the trust period, the allotment is canceled and will revert back to the United States. The Secretary of the Interior is then authorized to ascertain the legal heirs of the deceased Indian and issue patents-in-fee simple to the heirs for the land. Or, the Secretary may sell the land and issue a patent to the purchasers and pay the net proceeds to the heirs.

Furthermore, the Burke Act amends the General Allotment Act by granting citizenship to an Indian allottee after a patent-in-fee simple is granted to them. Prior to this, the General Allotment Act had stated that citizenship was granted to an Indian once the allotment was completed and he/she was given a trust patent (or if he/she voluntarily takes up a residence separate and apart from any tribe of Indians therein and “adopted the habits of civilized life.” )

Click here for full text in Kappler’s Indian Affairs: Laws and Treaties, produced by Oklahoma State University Library.

HOME | ABOUT | BOARD and STAFF | FAQs | NEWS | PUBLICATIONS | DONATIONS | GRANTS |
LINKS | RESOURCES | SHOPPING | CONTACT US | PRIVACY POLICY

© Copyright 2002-2009 Indian Land Tenure Foundation®. All rights reserved.