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Friday, January 17, 2025

History and Background of the Land Dispute

The Navajo-Hopi Land Dispute refers to two disputes between the Navajo Nation and the Hopi Tribe that were created by the Federal government.

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First Dispute

The first dispute was created by the Federal government through an Executive Order in 1882 and ultimately led to the Relocation Act which settled the dispute by partitioning the disputed lands and forcibly relocation citizens of each Tribe off the partitioned land of the other.

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Second Dispute

The second dispute was created by the Federal government through an Act of Congress in 1934 and led to the BIA institutional the "Bennett" Freeze" in 1966. This was a development freeze on approximately 1.5 million acres of western Navajo lands. The Tribes resolved this dispute in 2006 and the Freeze was lifted in 2009.

  • Historical Background
  • Impacted Communities
In 1882, United States President Chester Arthur issued an Executive Order creating conflicting land interests between the Navajo Nation and Hopi Tribe. This land dispute led to the 1974 Navajo Hopi Settlement Act (Relocation Act), which partitioned the disputed area into the Navajo Partitioned Lands (NPL) and Hopi Partitioned Lands (HPL) and legislated for the forced relocation of Navajo citizens from their ancestral homes on the HPL. While Congress initially believed that 1,000 Navajos would need to be relocated, the actual number has been over 16,000.
To facilitate the relocation and administer benefits to relocatees, Congress created the Office of Navajo and Hopi Indian Relocation (ONHIR). ONHIR is directed by a Commissioner appointed by the U.S. President. This role has been vacant since 1994.
In 1934, Congressed passed legislation clarifying the western boundary of the Navajo Nation. This legislation created a separate land dispute between the Navajo Nation and the Hopi Tribe. This land dispute led to the institution of the Bennett Freeze by the Federal government in 1966, which was a devastating development freeze on over 1.5 million acres, and which lasted until 2009.
To date, the relocation of Navajos remains incomplete, and many Navajos have not received the full benefits or humane treatment promised to them under the Relocation Act.
The Relocation Act benefits were to be provided to the heads of households that were relocated. These relocatees were promised, among other things, decent, safe, sanitary, and adequate homes, and humane treatment, but often received much less. To this day, surviving relocatees are still fighting to receive their benefits and fair treatment.
Many of these fights are the result of ONHIR not having a Commissioner since 1994. Without a Commissioner, ONHIR has shirked away from its obligation of working with the Nation and its citizens and instead focused on shutting down the Relocation.
The impact of the relocation has extended far beyond the heads of relocated households. The descendants of the heads of households have suffered significantly due to the trauma, poor planning, and poor execution of the relocation by the Federal government, including the Federal government’s lack of foresight to provide Relocation Act benefits to descendants.

The Impacted Areas

The center squared-off area on the map represents the land identified in the 1882 Executive Order, with the dark red color representing the Hopi Reservation including the Hopi Partitioned Lands.

The orange area on the western side of the map represents the area impacted by the Bennett Freeze.

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