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NARF Annual Report 2017

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NARF Annual Report 2017 The Native American Rights Fund Statement on Environmental Sustainability It is clear that our natural world is undergoing severe, unsustainable, and catastrophic climate change that adversely impacts the lives of people and ecosystems worldwide. Native Americans are especially vulnerable and are experiencing dispropor- tionate negative impacts on their cultures, health and food systems. In response, the Native American Rights Fund (NARF) is committed to environmental sustainability through its mission, work, and organizational values. Native Americans and other indigenous peoples have a long tradition of living sustainably with the natural world by understanding the importance of preserving natural resources and respecting the interdependence of all living things. NARF embraces this tradition through its work and by instituting sustainable office practices that reduce our negative impact on our climate and environment. NARF is engaged in environmental work and has established a Green Office Committee whose responsibility it is to lead and coordinate staff participation in establishing and implementing policies and procedures to minimize waste, reduce energy consumption and pollution, and create a healthful work environment. 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 incorpo- rated in 1971 in Washington, D.C. Table of Contents All My Relations Executive Director’s Report ............................................................................................................................ 2 Chairman’s Message.......................................................................................................................................... 4 Board of Directors and National Support Committee ................................................................................ 5 Introduction ........................................................................................................................................................ 6 Preserving Tribal Existence ............................................................................................................................ 7 Protecting Tribal Natural Resources ............................................................................................................ 11 Promoting Human Rights ............................................................................................................................ 17 Holding Governments Accountable ............................................................................................................ 24 Developing Indian Law .................................................................................................................................. 26 Financial Report .............................................................................................................................................. 28 Contributors .................................................................................................................................................... 29 NARF Staff ...................................................................................................................................................... 33 Cover and Art: Pahponee (Kickapoo and Potawaomi) has been working with clay since the early 1980s. She is a self-taught clay artist who has re-learned the traditional pottery methods of her woodland culture as well as learning contemporary pottery making techniques. After speaking with her tribal elders, Pahponee spent years experimenting with hand-dug clay and commercial clay as well as primitive outdoor dung firing and contemporary kiln firing. Mastering several pottery techniques has provided the platform for Pahponee to create distinctive pottery that expresses her own per- sonal style and innovative spirit. Working with clay is a sacred activity for her. It involves personal interaction between clay, her- self, and as Native people say, “All My Relations.” View more of Pahponee’s work at www.pahponee.com. 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 NATIVE AMERICAN RIGHTS FUND - 2017 ANNUAL REPORT 1 Executive Director’s Report For 47 years, the Native Monument in southeastern Utah, we filed suit on American Rights Fund has behalf of the Hopi, Zuni and Ute Mountain Ute Tribes been providing legal advice asserting that President Trump does not have authority and representation to Indian to take that action and only Congress has the power to tribes, organizations, and indi- extinguish national monuments once they are estab- viduals on the most important lished. These three tribes are part of the Bears Ears federal Indian law issues facing Inter-Tribal Coalition that convinced President Obama them. Since 1970, we have to proclaim the Monument to protect this significant achieved many important legal unprotected cultural landscape still critical to the tribes victories for Native American for spiritual, hunting, and gathering purposes. people through our non-profit legal advocacy and that record Federal lands around Grand Canyon also have cultural of significant legal accomplish- and spiritual significance to several tribes in that area ments continued in 2017. and they support the federal action in 2012 known as the Northern Arizona Withdrawal which prevents any In a major Indian water rights new uranium mining claims. The Withdrawal was chal- case, the United States lenged in court by several mining companies and indi- Supreme Court denied review viduals, but a federal appeals court recently upheld the of a federal court of appeals Withdrawal. We filed an amicus brief in the case on decision holding that tribal behalf of five tribes and two Native organizations. reserved water rights include rights to groundwater in addition to surface water. We are pleased to be serving The Standing Rock Sioux Tribe is in litigation against as co-counsel for the Agua Caliente Band of Cahuilla the U.S. Army Corps of Engineers over the proposed Indians who brought the case to prevent the impair- construction of the Dakota Access Pipeline in North ment of the quantity and quality of groundwater in the Dakota that passes through the Tribe’s ancestral lands Coachella Valley in California where they are located. containing sacred places and burial grounds and In another tribal water rights case on behalf of the threatens the Tribe’s water supply since it would pass Kickapoo Tribe of Kansas, we were able to negotiate under the Missouri River at Lake Oahe just a half a and have introduced in Congress the Kickapoo Tribe in mile upstream of the Tribe’s reservation boundary. A Kansas Water Rights Settlement Act after many years federal district court issued a favorable ruling for the of litigation and negotiations. Tribe, finding that the Army Corps of Engineers failed to adequately consider the impacts of a potential oil Many Alaska Natives depend upon federally- spill on fishing and hunting rights or environmental protected hunting and fishing rights for their subsis- justice concerns, and ordered further environmental tence and we have been involved in litigation for many analysis. We filed an amicus brief in the case in support years protecting those subsistence rights. A recent fed- of the Tribe on behalf of twenty Native organizations eral appeals court decision upheld federal regulatory and tribes. authority over hovercraft on a river on federal land, thus also continuing federal protection of Native sub- The 1978 Indian Child Welfare Act was passed to stop sistence rights in these places. We filed an amicus brief the disproportional removal of Indian children from in the case on behalf of Native subsistence users. their families by state agencies and state courts and On behalf of the Native Village of Tyonek in Alaska, we their placement in non-Indian foster or adoptive were able to stop a proposed coal mine after several homes or residential institutions. When a conservative years of advocacy that would have threatened the think tank filed a lawsuit challenging the constitution- traditional subsistence lifestyle of the Village. ality of the Indian Child Welfare Act, we filed an amicus brief in the case on behalf of three national When President Trump issued an Executive Order Native organizations supporting a motion to dismiss revoking and replacing the Bears Ears National and the case was successfully dismissed. 2 NATIVE AMERICAN RIGHTS FUND The ancestral homelands of the Santa Ynez Band of In closing, I want to thank all of our funders for their Chumash Indians in California containing significant support. Without your support, these significant legal archaeological sites and a number of ancient burials accomplishments in 2017 would not have been possible. along the Santa Clara River were threatened by a large We can only hope that your support will continue in development project that was challenged in court. 2018 so
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