In order to address issues and conflicts between Indian and non-Indian communities it is important that both sides know and understand the history of Indian reservation lands, trust lands, fee lands and restricted fee lands. That understanding of what we call "land status" is best understood when you look at the federal legislation that created the current state of affairs.
For Tribe and reservation specific legislation: http://www.indianlandtenure.org/ILTFallotment/specinfo/specinfo.htm
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Name of Statute |
Subject of Provisions Relevant to Allotment |
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General Allotment Act, Act of Feb. 8, 1887 (24 Stat. 388, ch. 119, 25 USCA 331) |
Size of allotments; public domain allotments; trust-land; descent and partition; trust funds; rights-of-way; citizenship; trust periods |
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Surrender of patents |
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Size of allotments; leasing; disability/inability/ competency; powers of the Secretary of the Interior |
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Leasing; pursuit of claims |
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Double allotment; powers of the Secretary of the Interior |
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Leasing; disability/inability/competency |
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Pursuit of claims |
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Rights-of-way; condemnations; powers of the Secretary of the Interior |
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Sale of allotment/alienation |
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Pursuit of claims |
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Competency; forced fee patent; determination of legal heirs; citizenship; powers of the Secretary of the Interior |
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Trust periods; sale of allotments/alienation |
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Competency; sale of allotments/alienation |
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Trust funds |
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Sale of allotments; determination of legal heirs; competency; powers of the Secretary of the Interior |
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Leasing; surplus lands |
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Determination of legal heirs; surrender of allotments; competency; will-making; leasing; timber; powers of the Secretary of the Interior |
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Will-making; powers of the Secretary of the Interior |
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Leasing; partition; powers of the Secretary of the Interior |
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Leasing |
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Alienation; powers of the Secretary of the Interior |
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Extends General Allotment Act to lands purchased or will be purchased by Congress |
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Leasing |
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Citizenship |
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Forced fee patents |
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Powers of the Secretary of the Interior; sale of allotments/alienation; determination of heirs |
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Forced fee patents |
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Proceeds from sale of allotment for public needs or compensation for condemnation reinvested in land |
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Powers of the Secretary of the Interior; determination of heirs; sale of allotments |
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Indian
Reorganization Act or Howard-Wheeler Act, June 18, 1934 (48 Stat. 984)
(original, unamended) |
Trust periods; surplus land; sale of allotments/alienation; public domain allotments; devise and descent; tax exemption; tribal governments |
| Act of June 11, 1940 (54 Stat. 298) | Reimbursement for taxes paid on allotted lands |
| Act of Nov. 24, 1942 (56 Stat. 1021) | Devise and descent; escheat |
| Act of Aug. 9, 1955 (69 Stat. 540) | Leasing |