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NARF Annual Report 2018(A)

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NARF Annual Report 2018(A) ANNUAL REPORT 2018 NATIVE AMERICAN RIGHTS FUND TABLE OF CONTENTS Executive Director’s Report .................................................................................................................................................... 1 Chairman’s Message ................................................................................................................................................................ 2 Board of Directors and National Support Committee ........................................................................................................ 3 Introduction .............................................................................................................................................................................. 5 Preserving Tribal Existence .................................................................................................................................................... 5 Protecting Tribal Natural Resources .................................................................................................................................... 9 Promoting Human Rights .................................................................................................................................................... 17 Holding Governments Accountable .................................................................................................................................... 24 Developing Indian Law ........................................................................................................................................................ 26 Financial Report .................................................................................................................................................................... 28 Contributors .......................................................................................................................................................................... 29 NARF Staff .............................................................................................................................................................................. 33 Cover and Art: Avis Charley (Spirit Lake Dakota/Navajo) is a mother and an artist. She was born and raised in Los Angeles, California. Charley is a painter and a ledger artist using color pencils on antique documents. She enjoys depicting Native empowerment using the female form as her main subject. Charley relishes bringing attention to and celebrating the evolution of the Native identity—from pre-reservation period to present day, from ancestral homelands to city life. She uses this awareness to continually redefine and reclaim her identity as a modern Indigenous woman and as an artist. Charley is a graduate from the Institute of American Indian Arts. Find Charley on Instagram and Facebook @AvisCharley. Photo credit: Jason S. Ordaz Boulder Office (main) Anchorage Office Washington D.C. Office 1506 Broadway 745 West 4th Avenue, Suite 502 1514 P Street, NW Boulder, CO 80302-6296 Anchorage, Alaska 99501-1736 (Rear) Suite D 303-447-8760 907-276-0680 Washington, D.C. 20005-1910 www.narf.org 202-785-4166 Tax Status: The Native American Rights Fund (NARF) is a nonprofit, charitable organization incorporated in 1971 under the laws of the District of Columbia. NARF is exempt from federal income tax under the provisions of Section 501(c)(3) of the Internal Revenue code. Contributions to NARF are tax deductible. The Internal Revenue Service has ruled that NARF is not a “private foundation” as defined in Section 509(a) of the Internal Revenue Code. NARF was founded in 1970 and incorporated in 1971 in Washington, D.C. ANNUAL REPORT 2018 EXECUTIVE DIRECTOR'S REPORT 2018 was the 48th year that the Native Amer- tional indigenous knowledge platform estab- ican Rights Fund has been serving as the na- lished in the Paris Agreement on climate tional Indian legal defense fund providing change that helps guide the science used to legal advice and assistance to tribes, Native or- address climate change. The Working Group ganizations, and individual Indians in cases of is to be composed of seven country and seven major importance across the country. Once indigenous representatives. This marks the first again during the year, we are proud that we time that indigenous representatives chosen by were able to help our Native American clients indigenous peoples will participate on an achieve several significant legal victories and equal basis within a United Nations body. accomplishments. On behalf of the Rosebud Sioux Tribe in South The Tribal Supreme Court Project that we staff Dakota and the Fort Belknap Indian Commu- along with the National Congress of American John E. Echohawk nity in Montana, NARF filed a lawsuit oppos- Indians assisted tribes in prevailing in two im- Executive Director ing the proposed Keystone XL Pipeline which portant cases before the United States Supreme would link oil producers in Canada with the Court. In Patchak v. Zinke, the Supreme Court upheld an act of refiners and exporters on the Gulf Coast. The proposed pipeline Congress taking land into trust for the Match-E-Be-Nash-She- route crosses over sacred Sioux land with cultural sites and Wish Band of Pottawatomi Indians/Gun Lake Tribe in burials and over many rivers and the Ogallala Aquifer which Michigan, which had been challenged in a pending lawsuit. provide water to the Tribes and others. The Trump Adminis- In Washington v. US, the Supreme Court affirmed lower court tration has approved a project permit, but no consultation has decisions that found that the state had violated tribal treaty occurred between the federal government and the Tribes as fishing rights by having culverts that diminished salmon runs required by law. and compelled the state to correct the barrier culverts. NARF represents the American Indian Higher Education The Alaska Historical Commission voted to nominate the Consortium (AIHEC) as amicus curiae in a case brought against Ch’u’itna watershed for inclusion on the National Register a tribal college by a former employee of the college, alleging of Historic Places as a Traditional Cultural Landscape. The that he was discriminated against by the college in violation of designation would recognize the profound importance that federal law. The tribal college, supported by AIHEC, was the Ch’u’itna watershed has played in shaping and sustaining successful in having the case dismissed on the ground the the culture, traditions, identity, and subsistence lifestyle of college is an arm of the Confederated Salish and Kootenai people of the Native Village of Tyonek, NARF’s client, and Tribes of Montana and the Tribes have sovereign immunity ensure that impacts on Tyonek are considered in any future from suit without their consent. development plans in the watershed. The Native American Voting Rights Coalition (NAVRC) NARF began representation of three federally recognized completed and released a thirty-five tribe survey of over 5,000 Gwich’in Tribes opposing the oil and gas development of the Native voters in Nevada, Arizona, New Mexico and South Arctic National Wildlife Refuge’s Coastal Plain, the home to the Dakota that documented widespread discrimination and dis- calving grounds of the Porcupine Caribou Herd, which is one enfranchisement. NAVRC, founded by NARF, is a non-partisan of the largest wild herds in the world and of great cultural and alliance of organizations, scholars, and activists advocating for subsistence importance to the Gwich’in Tribes. A 2017 act of equal access for Native Americans in the political process. Congress opened up the area for development, and NARF NAVRC coordinates efforts at overcoming the barriers Native represents the Tribes during the environmental review Americans face in registering to vote, casting their ballot, and processes required by the National Environmental Policy Act having an equal voice in elections. and the National Historic Preservation Act before development can occur. These legal victories and accomplishments would not have been possible without the contributions and grants from the A historic step forward was taken at the United Nations Frame- many supporters of our nonprofit organization. We thank you work Convention on Climate Change where NARF represents for your support in 2018 and hope that your support will con- the National Congress of American Indian. A Facilitative Working tinue in 2019 and beyond so we can continue to pursue justice Group was established to develop a work plan for the tradi- for Native Americans. 01 NATIVE AMERICAN RIGHTS FUND CHAIRMAN'S MESSAGE Greetings. legal representation to America’s indigenous people. Over the years, I have had the opportunity to serve as an advocate for Native American is- In looking back at 2018, it is clear that the need sues at all levels of government. I have repre- for these services has not diminished. With sented my tribe in government-to-government dozens of high-stakes cases and projects un- actions at the local, state, and federal levels re- derway, this year has proven challenging for garding issues of education, health care, eco- many Native communities across the United nomic development, and sovereign immunity. States. NARF is called upon not only to con- With the perspective gained from these expe- tinue its efforts, but to redouble them. riences, I have a tremendous respect and ap- preciation for the long history of the Native We need your help during these challenging
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