National Indian Law Library NTLL No. D)3 ~()CJ/ l°! CJ°l ~~~n~ln~~L~Libra•-~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ 522 P roadway Main Office Bou'.~A, CO 80302 ANNUAL TABLE OF Native American REPORT CONTENTS Rights Fund 1999 1506 Broadway Boulder, CO 80302 Introduction 303-447-8760 page3 http://www.narforg Chairman's Message page4 · Washington, D.C. Office Native American Executive Rights Fund Director's Report 1712 N Street, NW page4 Washington, D.C. 20036 202-785-4166 The Board of Directors page 6 Alaska Office The National Native American Support Committee Rights Fund page 6 420 L Street, Suite 505 Anchorage, Alaska 99501 The Preservation of 907-276-0680 Tribal Existence page8 Photographs: The Protection of Photographs show many Tribal Natural Resources of the past and present page 11 members of NARF's Board of Directors, attor­ The Promotion of neys and staff for the past Human Rights thirty years. page 17 NARF Case Map page 18 Tax Status: The Native American Rights Fund (NARF) is a nonprofit, The Accountability charitable organization incorpo­ of Governments rated in 1971 under the laws of page25 the District of Columbia. NARF is exempt from federal income tax under the provisions The Development of Section 501(c)(3) of the oflndian Law Internal Revenue code. page28 Contributions to NARF are tax deductible. The Internal Treasurer's Report Revenue Service has ruled that NARF is not a "private founda­ page JO tion'' as defined in Section 509(a) of the Internal Revenue Contributors Code. NARF was founded in page31 1970 and incorporated in 1971 in Washington, D.C. NARFStaff page34 02A. NATIVE AMERICAN RIGHTS FUND resources. NARF's suc­ cess is directly attributable The Native American to the many financial sup­ Rights Fund (NARF) was porters that NARF has founded in 1970 to had throughout the years. ad~ress the need for legal Contributors like the ~ssistance on the major Ford Foundation have issues facing Indian coun­ been with NARF since try. The critical Indian the beginning. The issues of survival of the Rockefeller Foundation tribes and Native the General Service ' American people are not Foundation, the John D. new, but are the same and Catherine T. issues of survival that have MacArthur Foundation merely evolved over the the Carnegie centuries. As NARF Corporati~n of New York, the Skadden enters a new century, it Fellowship Foundation, can be acknowledged that the Santa Fe Natural As established by many of the gains Tobacco Company, the NARF's first Board of achieved in Indian coun­ XYZ Corporation, and Directors, the priorities try over the past 30 years Virgin Records have con­ that guide NARF in its are directly attributable to sistently contributed mission to preserve and the efforts and commit­ towards NARF's efforts. enforce the status of tribes ment of the present and Federal funding from the as sovereign, self-govern­ past clients and members Administration for Native ing bodies still continue to of NARF's Board and Americans for NARF's lead NARF today: staff. However, no matter governance, economic and how many gains have • Preservation of tribal social development efforts been achieved, NARF is in Indian country has existence still addressing the same been almost continuous. basic issues that caused • Protection of tribal Many tribes such as the NARF to be founded natural resources Mashantucket Pequot, the originally. Since the Cow Creek Band of inception.of this Nation, • Promotion of Native Umpquas, the Winnebago American human rights ~here has been a systemat­ Tribe of Nebraska, the ic attack on tribal rights Shakopee Mdewakanton • Accountability of that continues to this day. Tribe, the Mashpee governments to Native For every victory, a new Wampanoag Tribe, the Americans challenge to tribal sover­ Confederated Tribes of eignty arises from state • Development of Grande Ronde and many and local governments, other tribes have been Indian law Congress, or the courts. consistent contributors to The continuing lack of NARF. NARF is also understanding, and in indebted to the thousands some cases lack of respect, of individuals who have for the sovereign attribut­ had faith in NARF and es of Indian nations has have given their financial made it necessary for and moral support to NARF to continue fighting. NARF's efforts on behalf As the struggle contin­ of tribes and Indian people. ues, NARF strives to safe­ guard the legal and sover­ eign rights of tribes and Indian people within the limit of available 1999 - ANNUAL REPORT CHAIRMAN'S contact with those who resulted in several are in a decision making important developments MESSAGE position. We also must affecting Native show love and a genuine Americans. As we enter the year concern for each other. two-thousand, the new In an important tribal millennium, we as Native We as tribal leaders court jurisdiction case, a Americans have reason to have a great responsibility federal appeals court ruled rejoice as we consider to our people and a moral in Nevada v. Hicks that some of the goals we have obligation, if you will, to the Fallon Paiute- achieved as a people. But seek those things that will Shoshone Tribal Court we also must realize that enrich the lives of our has jurisdiction over a case there are many areas in people and help them to filed by a tribal member the lives of our people reach their full potential, against state wildlife offi- that need changes. not only as individuals, cers for civil rights viola- but as tribes and nations. tions. The officers had We must be united as confiscated possessions of never before so that when May those of us who the tribal member in we speak, we speak as one. serve our people be criminal investigations on We as Native people must blessed with the guidance two occasions that result- stay involved in the politi- and inspiration that is ed in no charges and had cal process, locally and on needed to lead our Native returned the possessions people into the new mil- in damaged condition. lennium and may we do NARF represents the so with integrity, wisdom Tribe in the case. and spirituality that will bring only those things In Baker v. john, the that are good. Alaska Supreme Court for the first time recognized the existence of tribes in Chief Gilbert Blue, Alaska with inherent powers of self-government Chairman over tribal members and upheld tribal court juris- diction in a child custody case. NARF had filed an EXECUTIVE amicus curiae brief on DIRECTORS behalf of the Alaska Inter-Tribal Council. REPORT A settlement of a land the state and federal lev- As the Native claim providing over American Rights Fund els, so as to be aware of all 6,000 acres of land for the enters its 30th year of that is going on and be in San Juan Southern Paiute providing litigation and a position to respond to Tribe was approved by the advocacy on behalf of any adverse political Tribe and the Navajo Native Americans on endeavors and support any Nation and is now being our most significant legislation that will considered by Congress. issues, we are proud of enhance the lives of our NARF has represented our past accomplish- people, health wise, politi- the Tribe in litigation over ments on behalf of cally and spiritually. a disputed area in north- Native Americans and ern Arizona also claimed We cannot be idle, we continue to work hard by the Navajo Nation and on the many serious I must be busy, we must the Hopi Tribe. write letters, make tele- issues confronting us I phone calls and whenever now. During 1999, our The first Indian water ~:l necessary, make personal legal assistance again rights settlement passed -~ ,:/! (; 04.A. NATIVE AMERICAN RIGHTS FUND ',;i by the Republican-con­ On behalf of a group of trolled Congress during twenty-seven Alaska the Clinton administra­ Natives who speak Native tion was achieved by the languages, NARF was Chippewa Cree Tribe of successful in obtaining a the Rocky Boy's preliminary injunction Reservation in Montana against the State of represented by NARF. Alaska from implement­ The $50 million settle­ ing the Alaska Official ment quantifies the Tribe's English Initiative passed water rights, establishes a by Alaska voters in 1998. water administration sys­ Alakayak v. State asserts tem and provides federal that Alaska's English-only funding for the develop­ law is unconstitutional ment of water projects to because it violates consti­ serve the present and tutional rights to free future needs of the Tribe. speech, equal protection and due process. Subsistence fishing court for failure to pro­ rights for Alaska Natives An evaluation of the duce trust documents in rural Alaska were final­ Education Code and required by court order. ly secured when a Department of the NARF is co-counsel in Congressional moratori­ Rosebud Sioux Tribe of the case with private um expired and was not South Dakota cited major attorneys. extended which had been improvements in high In these cases and hun­ blocking implementation school graduation and dreds of others over the of the Katie john v. United school drop-out rates for last 30 years, the Native States decision won by Indian children and American Rights Fund NARF in 1995. The fed­ attributed those improve­ has provided access to jus­ eral government took over ments to the Code. tice for Native American management of the sub­ NARF drafted the Code people across the country sistence fisheries from the adopted by the Tribe in on some of the most state in all navigable 1991 which asserts tribal important Native waters in which the authority through the American issues of our United States has reserved Department over all reser­ time and has proven that water rights under a 1980 vation schools concurrent­ the legal system can work federal law recognizing ly with the state and fed­ for Indian people.