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Historical Context
from Cultural Agrivoltaics: The Economic and Cultural Benefits of Agriculture-based Solar Energy on the N
by MIT DUSP
Historical Context
The Navajo reservation was established in 1868 through the signing of the 1868 Treaty (Naal
Tsoos Sani, “Old Paper”), ending the internment of the Navajo People in the Bosque Redondo reservation.1 From 1868 to 1934, the Navajo Reservation would expand significantly through a
series of executive orders; today, the Navajo Nation spans 27,000 square miles, much greater than the original area of 5,200 square miles.2 Although Navajo lands grew over this period, some
lands were lost in 1887, when the Dawes Act was passed as a national law to divide tribal lands
into allotments for individual families. Eastern reservation lands were divided into allotments for
Navajo families, with unassigned land sold to non-Native landowners.3 Importantly, while
allottees were given the title to land, these allotments would still be held in federal trust;
allotments were separate from Navajo reservation land, but were still considered “Indian country” for the purposes of federal law. 4 Today, the mix of private, state, and federal land
ownership in the eastern Navajo Nation is known as the “checkerboard area.”
Understanding the region’s history is a critical context for Navajo Power’s efforts. Here, we
explore the relevant history of the Navajo Nation regarding extractive energy industry activities
and agricultural projects. Specifically, we describe how the declining coal industry comes at
significant cost to the economy while also setting the stage for greater reliance on clean
1 American Indian Magazine. Naal Tsoos Saní (The Old Paper): The Navajo Treaty of 1868, Nation Building and Self-Determination, 2018. https://www.americanindianmagazine.org/story/naal-tsoos-sani 2 ArcGIS StoryMaps. The Lands of Navajo Nation, 2020. https://storymaps.arcgis.com/stories/71ce3cb86e5442f4aeb91f198e59872c
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Vanderbilt Law Review. Retelling Allotment: Indian Property Rights and the Myth of Common Ownership, 2001. 4 FindLaw. PITTSBURG MIDWAY COAL MINING COMPANY v. United States of America; Ray Powell, Commissioner of Public Lands for the State of New Mexico; Santa Fe Pacific Railroad Company; Santa Fe Pacific Gold Corporation; New Mexico Oil and Gas Association, Amici Curiae, 1995 https://caselaw.findlaw.com/us-10th-circuit/1086683.html.
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