Burke Act (1906)

The Burke Act of 1906, passed by Congress as an amendment to the Dawes Severalty Act of 1887, continued the federal policy of assimilation of Native Americans into white society. The policy of forced assimilation, which began with the Dawes Act, was a reversal of almost 50 years of policies regarding Native Americans. Previously, the federal government had forced indigenous peoples to relocate onto reservations in the United States.

Attempting to assimilate Native Americans, the Bureau of Indian Affairs tried to eliminate the tribal ownership of land and allot plots of land to individual owners. The Dawes Act allotted 160 acres to heads of families and 80 acres to single adults. Congress passed the Burke Act to hasten the transition to individual ownership by eliminating the 25-year trust period required under the Dawes Act. Under the trust system, individuals who were allotted land could not acquire full title to the property for 25 years. The Burke Act amended the allotment law to give the secretary of the interior the power to issue fee-simple titles, which were fees without restrictions on the transfer of ownership. The amendment removed all restrictions on the sale, taxation, and claims on property.

The assimilation policies at the turn of the century had undermined indigenous cultures in two ways. First, Indian children were removed from their families and sent to white-run boarding schools. Second, the policies prevented Indian religious rituals from taking place, and replaced them with Christian ones. But the government ultimately abandoned its assimilation policies, because the white administration of the allotment program was corrupt and inept. However, Native Americans lost much of their land in the process. Native Americans continued to resist assimilation into white society despite government efforts. Attempting to transform traditional, tribal societies into individualist, agrarian ones, Congress had hoped to hasten the forced assimilation of Native Americans with the Burke Act.

Further reading: Frederick E. Hoxie, A Final Promise: The Campaign to Assi-milate the Indians, 1880-1920 (Lincoln: University of Nebraska Press, 1984); Francis Paul Prucha, ed., Indian Policy in the United States: Historical Essays (Lincoln: University of Nebraska Press, 1981).

—Glen Bessemer