Native American Rights Fund

CONSTRUCT THE FOUNDATIONS NECESSARY TO EMPOWER TRIBES SO THEY CAN CONTINUE TO LIVE ACCORDING TO THEIR NATIVE TRADITIONS, ENFORCE THEIR TREATY RIGHTS AND PROTECT THEIR SOVEREIGNTY.

BACKGROUND AND MISSION THE NATIVE AMERICAN RIGHTS FUND HOLDS GOVERNMENTS ACCOUNTABLE. WE FIGHT TO PROTECT NATIVE AMERICAN RIGHTS, RESOURCES, AND LIFEWAYS THROUGH LITIGATION, LEGAL ADVOCACY AND EXPERTISE. FOR OVER FIFTY-TWO YEARS, THE NATIVE AMERICAN RIGHTS FUND (NARF) IS THE OLDEST AND LARGEST NONPROFIT LAW FIRM DEDICATED TO ASSERTING AND DEFENDING THE RIGHTS OF INDIAN TRIBES, ORGANIZATIONS AND INDIVIDUALS NATIONWIDE. KNOWN AS THE PREMIERE INDIAN LEGAL DEFENSE FUND IN THE COUNTRY, NARF PLAYS A CRITICAL ROLE IN DEFENDING TRIBAL AND INDIVIDUAL RIGHTS, AS WELL AS FUNCTIONING AS THE PREMIERE THOUGHT LEADER IN FEDERAL, STATE, AND TRIBAL LAW AND POLICY. NARF'S MAIN AGENDA IS TO CONTINUE ASSISTING TRIBES IN CONSTRUCTING THE FOUNDATIONS OF LAW AND POLICY THAT ARE NECESSARY TO EMPOWER THEM SO THAT THEY MAY LIVE ACCORDING TO THEIR NATIVE TRADITIONS. NARF WORKS TO ENFORCE TRIBAL TREATY RIGHTS, TO ENSURE INDEPENDENCE ON RESERVATIONS, TO PROTECT TRIBAL SOVEREIGNTY, AND TO ASSIST TRIBES IN PROVIDING FOR AN ADEQUATE LAND BASE AND CONTROL OVER NATURAL RESOURCES THAT ARE CENTRAL COMPONENTS OF ECONOMIC SELF-SUFFICIENCY AND SELF-DETERMINATION. THESE ISSUES ARE VITAL TO THE VERY EXISTENCE OF TRIBES. NARF ENFORCES AND STRENGTHENS LAWS WHICH ARE DESIGNED TO PROTECT THE RIGHTS OF INDIGENOUS PEOPLES TO PRACTICE THEIR TRADITIONAL RELIGION, TO USE THEIR OWN LANGUAGE, ENJOY THEIR CULTURE, AND ENSURE THE WELFARE OF THEIR CHILDREN. NARF ENFORCES THE INHERENT DUTY FOR ALL LEVELS OF GOVERNMENT TO RECOGNIZE AND RESPONSIBLY ENFORCE THE MANY LAWS AND REGULATIONS APPLICABLE TO INDIAN PEOPLES AND THE TRUST DUTIES TO WHICH THOSE GIVE RISE, AND OUR WORK ESTABLISHES FAVORABLE COURT PRECEDENTS FOR INDIAN COUNTRY. NARF DISTRIBUTES INFORMATION AND LAW MATERIALS, ENCOURAGES AND FOSTERS INDIAN LEGAL EDUCATION, AND FORMS ALLIANCES WITH INDIAN LAW PRACTITIONERS, AND INDIAN AND NON-NATIVE ORGANIZATIONS TO ADVANCE OUR WORK. ONGOING THREATS TO HUMAN RIGHTS, THE ENVIRONMENT, RACE RELATIONS AND THE PROMOTION OF CORPORATE INTERESTS OVER NATIVE NATIONS CONFIRMS THE CRITICAL NEED FOR THE LEGAL, POLICY, AND PROGRAMMING WORK OF NARF. GUIDED BY FIVE PRIORITIES, NARF HAS TAKEN A LEAD ROLE IN SUPPORTING THE PRESERVATION OF TRIBAL EXISTENCE; THE PROTECTION OF TRIBAL NATURAL RESOURCES; THE PROMOTION OF HUMAN RIGHTS; THE ACCOUNTABILITY OF GOVERNMENTS TO NATIVE AMERICANS; AND THE DEVELOPMENT OF INDIAN LAW AND EDUCATING THE PUBLIC ABOUT INDIAN RIGHTS, LAWS, AND ISSUES. THESE FIVE PRIORITIES ENSURE THAT NARF WILL CONTINUE TO GROW AND EVOLVE FEDERAL INDIAN LAW FOR THE BENEFIT OF TRIBAL INTERESTS, AS WELL AS THE PROTECTION, ASSERTION, AND DEFENSE OF THEIR TRIBAL SOVEREIGNTY. THIS HIGHLIGHT REPORT WILL SUMMARIZE SIGNIFICANT CASES AND OUR PROGRAMS, BY PRIORITY; IN OUR SERVICE TO TRIBAL NATIONS THROUGHOUT THE COUNTRY. 1. PRESERVATION OF TRIBAL EXISTENCE: SELF-DETERMINATION AND THE FREE EXERCISE OF INHERENT TRIBAL SOVEREIGNTY WILL ENSURE THAT TRIBAL NATIONS WILL CONTINUE TO EXIST AND THRIVE WELL INTO THE FUTURE. A SECURE AND PERMANENT LAND BASE, AND THE TRIBAL COMMUNITIES' ABILITY TO LIVE ACCORDING TO THEIR CULTURE, CUSTOMS, TRADITIONS, AND LIFE-WAYS IS AN IMPORTANT PART OF NARF'S WORK. - BIG HORN COUNTY ELECTRIC COOPERATIVE V. ALDEN BIG MAN, ET AL. NARF REPRESENTS THE CROW TRIBE IN ITS FIGHT TO DEFEND ITS SOVEREIGNTY AND PROTECT VULNERABLE TRIBAL CITIZENS. IN MAY 2012, BIG HORN COUNTY ELECTRIC COOPERATIVE ("BIG HORN") WAS SUED IN THE CROW TRIBAL COURT BY ALDEN BIG MAN, AN ELDERLY MEMBER OF THE APSAALOOKE (CROW) TRIBE, WHO RESIDES ON THE CROW RESERVATION. THE SUIT WAS BROUGHT PURSUANT TO A CROW TRIBAL STATUTE LIMITING HEAT AND ELECTRICITY SERVICE DISCONNECTIONS DURING WINTER MONTHS FOR RESIDENTIAL CUSTOMERS, AND REQUIRING THAT NOTIFICATION BE MADE TO THE CROW TRIBE HEALTH BOARD BEFORE UTILITY SERVICE DISCONNECTION TAKES PLACE. IN JANUARY 2012, BIG HORN DISCONNECTED ELECTRICAL SERVICE TO MR. BIG MAN'S HOME, FOR NONPAYMENT, WITHOUT NOTICE TO THE HEALTH BOARD. THE TRIBAL COURT DISMISSED THE CASE, HOLDING THAT IT LACKED JURISDICTION OVER THE CLAIMS AGAINST BIG HORN AS A NON-MEMBER UTILITY COMPANY. MR. BIG MAN APPEALED TO THE APSAALOOKE APPEALS COURT, WHICH IN APRIL 2017, REVERSED AND FOUND IN FAVOR OF TRIBAL JURISDICTION. BIG HORN THEN SUED BIG MAN AND SEVERAL CROW TRIBAL DEFENDANTS IN FEDERAL DISTRICT COURT IN MONTANA IN MAY 2017, SEEKING FEDERAL COURT REVIEW OF THE APSAALOOKE APPEALS COURT'S DECISION. NARF REPRESENTS THE APSAALOOKE APPEALS COURT JUDGES, THE TRIBAL HEALTH BOARD, AND TRIBAL HEALTH BOARD MEMBERS IN THE FEDERAL COURT ACTION. IN FEBRUARY 2021, THE DISTRICT COURT ISSUED AN ORDER ADOPTING THE MAGISTRATE'S FINDINGS AND RECOMMENDATIONS IN THEIR ENTIRETY. THE ORDER UPHOLDS THE TRIBE'S LEGISLATIVE AND ADJUDICATIVE JURISDICTION BASED ON THE UN-DIVESTED AND UNDIMINISHED RIGHT OF THE TRIBE TO EXCLUDE NON-MEMBERS FROM TRIBAL LAND, AS WELL AS UNDER BOTH THE U.S. SUPREME COURT'S MONTANA V. UNITED STATES' TESTS FOR TRIBAL JURISDICTION OVER NON-INDIAN CONDUCT AND ACTIVITIES ON NON-INDIAN FEE LAND. BIG HORN APPEALED TO THE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT. BRIEFING OF THE APPEAL HAS BEEN COMPLETED AND ORAL ARGUMENT IS SET FOR FEBRUARY 8, 2022 IN SEATTLE WA, POSSIBLY IN PERSON. - JUDICIAL SELECTION PROJECT THE JUDICIAL SELECTION PROJECT IS ABOUT INCREASING THE REPRESENTATION OF NATIVE AMERICANS IN THE FEDERAL JUDICIARY, RESEARCH, AND EDUCATION. THE EDUCATION OBJECTIVE FOCUSES ON EDUCATING THE FEDERAL JUDICIARY ABOUT TRIBAL ISSUES, EDUCATING TRIBAL LEADERS ABOUT THE FEDERAL JUDICIARY AND THE JUDICIAL NOMINATION PROCESS, AND REACHING OUT TO ELECTED OFFICIALS AND THE PUBLIC AT LARGE ABOUT THE NEED FOR NATIVE AMERICAN FEDERAL JUDGES AND JUDGES WHO UNDERSTAND THE UNIQUE LEGAL STATUS OF INDIAN TRIBES. THE RESEARCH OBJECTIVE OF THE PROJECT EVALUATES THE RECORDS OF JUDICIAL NOMINEES ON THEIR KNOWLEDGE OF INDIAN ISSUES. THE ANALYSIS AND CONCLUSIONS ARE SHARED WITH TRIBAL LEADERS AND FEDERAL DECISION-MAKERS IN RELATION TO THEIR DECISION WHETHER TO SUPPORT OR OPPOSE A PARTICULAR NOMINATION. THE PROJECT WORKS WITH THE WHITE HOUSE TO PROMOTE BETTER NATIVE AMERICAN REPRESENTATION IN THE FEDERAL JUDICIARY AND THE U.S. SENATE JUDICIARY COMMITTEE TO ENSURE THAT NOMINEES ARE ASKED ABOUT THEIR EXPERIENCE WITH INDIAN TRIBES AND THEIR UNDERSTANDING OF FEDERAL INDIAN LAW DURING CONFIRMATION PROCEEDINGS. THERE ARE CURRENTLY 78 VACANCIES IN THE FEDERAL JUDICIARY AND THE BIDEN ADMINISTRATION HAS TAKEN THE POSITION THAT RACIAL, ETHNIC, AND PROFESSIONAL DIVERSITY IS IMPORTANT IN SELECTING JUDICIAL NOMINEES. ON OCTOBER 5, 2021, THE SENATE CONFIRMED LAUREN KING, A MUSCOGEE NATION CITIZEN, FOR A SEAT ON THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON. SHE IS THE FIRST NATIVE AMERICAN FEDERAL JUDGE IN THE WESTERN DISTRICT OF WASHINGTON, AND ONLY THE FIFTH NATIVE AMERICAN TO SERVE AS AN ARTICLE III JUDGE. IN ADDITION, SUNSHINE SYKES, A CITIZEN OF THE NAVAJO NATION, HAS BEEN NOMINATED TO SERVE ON THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA. NARF, NCAI, AND NNABA CONTINUE TO WORK WITH THE WHITE HOUSE COUNSEL'S OFFICE TO ENSURE THAT QUALIFIED NATIVE CANDIDATES ARE CONSIDERED AND NOMINATED TO FILL VACANCIES ON THE FEDERAL BENCH. IN FURTHERING ITS EDUCATION OBJECTIVE, THE PROJECT HAS PRODUCED MEMORANDA ON ALL OF THE U.S. SUPREME COURT NOMINEES SINCE 2005, WHICH ARE AVAILABLE AT HTTPS://SCT.NARF.ORG/ARTICLESUPDATES.HTML. - TRIBAL SUPREME COURT PROJECT THE TRIBAL SUPREME COURT PROJECT (PROJECT) IS PART OF THE TRIBAL SOVEREIGNTY PROTECTION INITIATIVE AND IS STAFFED BY THE NATIONAL CONGRESS OF AMERICAN INDIANS FUND (NCAI FUND) AND THE NATIVE AMERICAN RIGHTS FUND (NARF). THE PROJECT WAS FORMED IN 2001 IN RESPONSE TO A SERIES OF U.S. SUPREME COURT CASES THAT NEGATIVELY AFFECTED TRIBAL SOVEREIGNTY. THE PURPOSE OF THE PROJECT IS TO PROMOTE GREATER COORDINATION AND TO IMPROVE STRATEGY ON LITIGATION THAT MAY AFFECT THE RIGHTS OF ALL INDIAN TRIBES. WE ENCOURAGE INDIAN TRIBES AND THEIR ATTORNEYS TO CONTACT THE PROJECT IN OUR EFFORT TO COORDINATE RESOURCES, DEVELOP STRATEGY, AND PREPARE BRIEFS, ESPECIALLY WHEN CONSIDERING A PETITION FOR A WRIT OF CERTIORARI, PRIOR TO THE SUPREME COURT ACCEPTING A CASE FOR REVIEW. YOU CAN FIND COPIES OF BRIEFS AND OPINIONS ON THE MAJOR CASES WE TRACK ON THE NARF WEBSITE (HTTP://SCT.NARF.ORG). 2. PROTECTION OF TRIBAL NATURAL RESOURCES: THE NATURAL RESOURCES FOUND ON INDIAN LANDS VARY GREATLY. NARF CONCENTRATES ITS EFFORTS IN ASSERTING TRIBAL RESOURCE RIGHTS AND PROTECTING THEM FROM LOSS AND EXPLOITATION. MAJOR RESOURCE PROTECTION INCLUDES LAND RIGHTS; WATER RIGHTS; HUNTING, FISHING AND GATHERING RIGHTS; ENVIRONMENTAL PROTECTION; TIMBER RIGHTS; AND PRUDENT DEVELOPMENT OF MINERAL RESOURCES. -PEBBLE MINE: BRISTOL BAY ECONOMIC DEVELOPMENT CORP., ET AL V. HLADICK: IN 2013, NARF ASSISTED IN THE CREATION OF THE UNITED TRIBES OF BRISTOL BAY (UTBB), A CONSORTIUM OF TRIBES IN THE AREA THAT DEPEND ON SUSTAINABLE SALMON RUNS FOR THEIR SUBSISTENCE. THE PROPOSED PEBBLE MINE

NATIONAL INDIAN LAW LIBRARY THE NATIONAL INDIAN LAW LIBRARY (NILL) IS THE ONLY LAW LIBRARY IN THE UNITED STATES DEVOTED TO AMERICAN INDIAN LAW. THE LIBRARY SERVES BOTH NARF AND MEMBERS OF THE PUBLIC. SINCE IT WAS STARTED AS A NARF PROJECT IN 1972, NILL HAS COLLECTED NEARLY 19,000 BIBLIOGRAPHIC RESOURCES THAT RELATE TO FEDERAL INDIAN AND TRIBAL LAW. THE LIBRARY'S HOLDINGS INCLUDE THE LARGEST COLLECTION OF TRIBAL CODES, ORDINANCES AND CONSTITUTIONS AVAILABLE; LEGAL PLEADINGS FROM MAJOR INDIAN LAW CASES; AND OFTEN HARD TO FIND REPORTS AND HISTORICAL LEGAL INFORMATION. IN ADDITION TO MAKING ITS CATALOG AND EXTENSIVE COLLECTION AVAILABLE TO THE PUBLIC, NILL PROVIDES FREE WEEKLY INDIAN LAW UPDATES VIA EMAIL TO OVER 8,000 SUBSCRIBERS AND ANSWERS MORE THAN 100 RESEARCH QUESTIONS EACH MONTH. MOST IMPORTANTLY, NILL SUPPORTS THE RESEARCH NEEDS OF NARF SO THAT IT CAN MAKE THE BEST ARGUMENTS AND PROVIDE THE BEST REPRESENTATION TO ITS CLIENTS. THE ACCESS TO TRIBAL LAW PROJECT CONTINUES TO BE AN INVALUABLE RESOURCE FOR RESEARCHERS AND PRACTITIONERS IN TRIBAL LAW. IN 2022, NILL EMPLOYEES MAINTAINED THE TRIBAL LAW RESEARCH PAGES FOR EACH OF THE 574 FEDERALLY RECOGNIZED TRIBES, PROVIDING ACCESS TO HARD TO FIND TRIBAL LAW. THE LIBRARY HAS ESTABLISHED GOOD RELATIONSHIPS WITH A NUMBER OF TRIBES WHO REGULARLY SEND UPDATES TO THEIR LAWS AS CHANGES ARE MADE AND IS WORKING TO DEVELOP RELATIONSHIPS WITH OTHERS WHO HAVE EXPRESSED INTEREST.