I 

108TH CONGRESS 

2D SESSION H. R. 5168

To repeal the Bennett Freeze thus ending a gross treaty violation with 

the Navajo Nation and allowing the Navajo Nation to live in habitable 

dwellings and raise their living conditions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2004

Mr. RENZI introduced the following bill; which was referred to the Committee 

on Resources 

A BILL

To repeal the Bennett Freeze thus ending a gross treaty 

violation with the Navajo Nation and allowing the Navajo 

Nation to live in habitable dwellings and raise their living 

conditions, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Bennett Freeze Rehabilitation Act of 2004’’. 

6 (b) FINDINGS.—The Congress finds that—

7 (1) the Navajo Nation is the largest Indian res8 ervation in the United States; 
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1 (2) the Bennett Freeze, named after former 

2 Bureau of Indian Affairs Commissioner Robert Ben3 nett, was administratively issued in 1966 to restrict 

4 the Navajo tribe from constructing and repairing 

5 their dwellings on land that was subject to a land 

6 dispute with the Hopi Tribe; 

7 (3) the Bennett Freeze has affected 1,500,000 

8 acres of land, approximately 9 percent of the total 

9 acreage of the Navajo Nation, covering 10 Navajo 

10 Nation chapters and affecting nearly 8,000 people; 

11 (4) only 3 percent of the families affected by 

12 the Bennett Freeze have electricity and only 10 per13 cent have running water; 

14 (5) since 1966, the population has increased by 

15 approximately 65 percent in the Bennett Freeze 

16 area, forcing several generations of families to live 

17 together in dwellings that have been declared unfit 

18 for human habitation; 

19 (6) members of the medical community confirm 

20 that overcrowding and the absence of running water, 

21 refrigeration, and adequate sewage disposal ad22 versely impact the mental and physical health of 

23 Navajos residing in the Bennett Freeze area; 

24 (7) the Bennett Freeze has halted essential con25 struction, including power line extensions, waterline 
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1 extensions, road improvements, and community fa2 cilities improvements; 

3 (8) when the Bennett Freeze was temporarily 

4 lifted in 1992, an ambitious $20,000,000 construc5 tion plan for new dwellings was proposed that would 

6 have improved living conditions and increased the 

7 economic viability of the Bennett Freeze area, how8 ever, the plan did not become a reality because a 

9 Federal judge reinstated the freeze; 

10 (9) the Navajo Nation and the Hopi Tribe have 

11 since been involved in settlement negotiations to lift 

12 the Bennett Freeze; and 

13 (10) the Bennett Freeze is a gross violation of 

14 treaty obligations to the Navajo Nation. 

15 SEC. 2. AUTHORIZATION OF USE OF NAVAJO-HOPI SETTLE16 MENT ACT. 

17 Section 12 of Public Law 93–531 (16 U.S.C. 640d–

18 11) is amended—

19 (1) by redesignating subsection (f) as sub20 section (g); and 

21 (2) by inserting after subsection (e), the fol22 lowing new subsection: 

23 ‘‘(f) The Commissioner may carry out a rehabilitation 

24 program to redress the effects of Federal development re25 strictions in the western portion of the Navajo Reserva-
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1 tion. This program shall be limited to housing construction 

2 and renovation, infrastructure improvements, and eco3 nomic development initiatives. There are authorized to be 

4 appropriated such sums as are necessary to carry out the 

5 program under this subsection.’’. 

6 SEC. 3. REPEAL OF THE BENNETT FREEZE. 

7 Upon the approval by the Secretary of the Interior 

8 of an agreement between the Navajo Nation and the Hopi 

9 Tribe settling the land dispute over the lands subject to 

10 the Bennett Freeze, section 10(f) of Public Law 93–531 

11 (25 U.S.C. 640d–9(f)) is repealed.

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