Public Domain Allotments 

Public domain allotments are small parcels of land held in federal trust for individual Native people, most commonly created under the Indian Allotment Act of 1887, which aimed to divide Tribally held lands into individual holdings and open remaining lands to settlers. While in much of the United States allotments were carved from reservation lands, California Indian public domain allotments developed differently: after 18 treaties negotiated in 1851–1852 were never ratified and vast Tribal homelands passed into the public domain, California Indians were largely left landless and excluded from legal land claims. Beginning in 1887, individuals in California could apply for up to 160-acre parcels of public domain land to be held in trust by the federal government, often representing the only formal recognition of their land rights. Although many of these allotments were later canceled, sold, or removed from trust—shrinking from thousands of parcels to only a few hundred remaining—those that survive today remain vital homelands for descendants of the original allottees. Especially for California Indians who may not be members of federally recognized tribes, public domain allotments are often their only recognized land base and formal relationship with the federal government. These lands  serve as places of residence, cultural practice, ecological stewardship, and enduring Indigenous connection to homeland.

History of PDAs in California

Following the 1887 Dawes or Allotment Act, Native Americans could apply for up to 160-acre parcels of land on the so-called "public domain" (seized Indian land). The Bureau of Indian Affairs (BIA) held these Public domain allotments (PDAs) in trust for Indian allottees with the goals of assimilation, containment, and appeasement. However, they became sites of refuge, resilience, and resistance. Due to the U.S. government’s failure to ratify treaties negotiated with California Indian peoples, many California Indians successfully applied for allotments on the "public domain" in the late 1800s and early 1900s. While many of these allotments were lost due to illegal cancellations, forced sales, and outright theft, today over 400 public domain allotments totaling over 16,000 acres remain across California. These allotments continue to be held in trust by the BIA for descendants of the individual allottees and are not subject to property taxes or local zoning regulations.

The Unique Challenges of PDAs

Allottees face unique and multi-layered legal, administrative, and practical challenges that make land stewardship and access difficult. In a 1997 publication, The Advisory Council on California Indian Policy described trespass, insufficient environmental oversight, and lack of technical resources for allottees as just some of the major barriers faced by allottees. One of the most challenging issues allottees face is that of fractionation. A result of the original allotment act, fractionation is the inheritance process through which heirs of the original allottee all own the land together. Though some may have larger “shares” of the allotments, that does not translate to a specific geographic portion of the land. Because the BIA requires 50% or more of interest holders to sign off on any management of the land, this can mean that hundreds of heirs may need to be contacted and approve of any management activity in order to receive BIA permits. This can create a near impossible decision making environment, leading to stalling or total inaction around management activities. 

Additionally, because the land is “held in trust” by the federal government, it is subject to the same administrative and legal standards as land owning federal agencies and Tribal governments. For many land management activities, allottees must undergo the National Environmental Protection Act review process. Given that allottees are groups of family members and individuals, not Tribal governments or large agencies, it is nearly impossible to sufficiently fund and implement the environmental review process. For some allottees, even being able to walk onto their land is a near impossibility. Land locked allotments, or those that are surrounded entirely by private or restricted property, make up a significant portion of public domain allotments in California. Allottees with land locked allotments may be unable to access their lands without trespassing on other property or crossing a closed fence. These issues are just a glimpse into the immense challenges that allottees face in access and stewardship their lands. CAPDAA works closely with our partners and a community of allottees across the state in order to advocate for the right of allottees to manage their lands unimpeded.