NATIVE AMERICAN RIGHTS FUND INC
1506 BROADWAY, BOULDER, CO 80302 www.narf.org

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Organizations Filed Purposes: AS ESTABLISHED BY NATIVE AMERICAN RIGHTS FUND'S (NARF) FIRST BOARD OF DIRECTORS, THE PRIORITIES THAT GUIDE NARF IN ITS MISSION TO PRESERVE AND ENFORCE THE STATUS OF TRIBES AS SOVEREIGN, SELF-GOVERNING BODIES STILL CONTINUE TO LEAD NARF TODAY: (1) THE PRESERVATION OF TRIBAL EXISTENCE; (2) THE PROTECTION OF TRIBAL NATURAL RESOURCES; (3) THE PROMOTION OF HUMAN RIGHTS; (4) THE ACCOUNTABILITY OF GOVERNMENTS TO NATIVE AMERICANS; AND (5) THE DEVELOPMENT OF INDIAN LAW AND EDUCATING THE PUBLIC ABOUT INDIAN RIGHTS, LAWS AND ISSUES.

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 Founded in 1970, 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. Despite the Covid-19 pandemic which has changed the way in which we work, our litigation and programs continue with NARF making the necessary adjustments. 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 insure independence on reservations, and to protect tribal sovereignty, 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 ensures 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. NARF Highlights from 2020 Litigation Results o Voting Rights: Brakebill v. Jaeger & Spirit Lake Tribe v. Jaeger: In 2016, NARF represented several Native Americans challenging the state of North Dakota's recently enacted voter ID law claiming that it disproportionately burdens them and denies otherwise qualified voters from the right to vote. This N.D. law required voters to present one of only four qualifying ID's with a current residential address. Many Native communities however lack a physical address and rely on post office designations. After enjoining N.D. in 2016, the state then amended the law further restricted the DMV hours closest to the reservation, and in one instance, it was only open one day a month. After a series of legal maneuvers and the addition of the Spirit Lake tribe to a similar claim, the court heard the case in July 2019. The appellate court recognized the disenfranchisement but reversed a favorable ruling by the lower court. The merits of the case seemed to favor the tribes and in Feb 2020, the state of N.D. agreed to mediation that resolved each of the tribes claims. o Bay Mills Indian Community: NARF and Earth Justice represent the Bay Mills Indian Community in challenging the Enbridge Proposed Line 5 Tunneling Project. This pipeline threatens the Community's treaty rights, tribal fisheries, and the environment. The Community has treaty rights that ensure fishing, hunting and gathering rights throughout the territory, including in the Great Lakes and the Straits of Mackinac. After granting a right to intervene in the case, the tribe was granted the opportunity to be a party to the process that is evaluating Enbridge's permit application to build a tunnel beneath the Straits and relocate a segment of its Line 5 pipeline. In the latest ruling, the Administrative Law Judge excludes certain evidence of the environmental risks, much to the horror of the tribe. NARF will continue to advocate on behalf of Bay Mills and their opposition to the tunnel project. o Bears Ears: NARF represents three tribes; the Hopi, Zuni Pueblo, and the Ute Mountain Ute in an action to reverse the diminishment of the Bears Ears National Monument by President Trump, who has opened the area to new mines, leasing, and off-roading recreation. Initially created during the Obama administration after decades of study and advocacy, this area is critical to the spiritual practices of many tribes, and NARF has recently filed motions for summary judgment claiming that President Trump exceeded his presidential authority. It should be noted that recently elected President Biden has stated to tribes that he will look into the issue as well. o Keystone XL: NARF represents the Rosebud Sioux Tribe and the Fort Belknap Indian Community in opposition to a proposed pipeline that stretches 1,179 miles from Canada to the Gulf Coast, and crosses or comes near to the boundaries and land holdings of several tribes. This endangers multiple aquifers, waterways, and cultural sites of these tribes. The presidential permit issued during the Trump administration disregards the treaty rights, required environmental reviews, and required tribal consultation. After a flurry of motions and attempts at preliminary injunctions, in October 2020 the judge ruled against many of the tribal claims but requested supplemental briefing on whether the President had constitutional authority to issue such a broad permit. He did, however, issue a temporary injunction pursuant to a Clean Water Act claim in a related case. In January 2021, President Biden revoked Trump's presidential permit by Executive order. Despite this positive step, additional litigation by TransCanada is anticipated and NARF looks forward to working with the new administration to ensure ongoing consultation and inclusion with tribal nations for any actions that affect their ancestral lands, people, and treaty rights. o DAPL: The Standing Rock Sioux Tribe has requested NARF's assistance, alongside NCAI and their legal team, Earth justice, in coordinating an Amicus Brief in support of the tribe in their fight against the U.S. Army Corp of Engineers and their permitting process that granted the construction of an oil pipeline that crosses through ancestral tribal lands. The last three years has seen significant back and forth from DAPL and the tribes, with motions for summary judgment filed by the tribes being granted in March 2020, with the decision remanding to the Corps a requirement for a more thorough Environmental Impact study as well as the shutting down of the pipeline in Aug 2020. Upon appeal by DAPL, the D.C. Circuit Court of Appeals issued a stay on that order, and NARF will continue to work with the tribes and NCAI in coordinating any and all legal support necessary. o Water Law cases: NARF's current water law cases include five tribes and their efforts to participate in protection of waterways and their resources, as well as the tribe's ability to protect their treaty rights and water priorities. NARF also participates in federal and interstate water commissions, working groups and task forces that develop and recommend policies for water allocation, use, and sustainability. One litigation example is Baley v. United States. After a drought, Oregon irrigators in the Klamath River Basin sued the US government and NARF represented the Klamath tribes in Amicus on the case. These tribes have a cultural, spiritual, and practical investment in the basin, as well as senior water rights and it's critical to protect the tribes' fisheries and traditional way of life. The US Court of appeals affirmed the tribes' water rights to the Klamath Basin, and in 2020, the Supreme Court denied certiorari, affirming the decision. o Crow Tribal Hunting Rights: After the Supreme Court decision in the 2019 Herrera v. Wyoming case held that Wyoming's statehood did not affect treaty hunting rights off reservation, NARF represents the Crow tribe to vacate the judgment of a 1990's case that held that their off reservation treaty hunting rights had been extinguished when Wyoming became a state. The treaties of 1851, and 1868 remain significant and NARF and the Crow tribe have asserted that the right to hunt for subsistence on ceded lands must be respected by the State of Wyoming. o Bristol Bay/Pebble Mine Litigation: 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 would sit at the headwaters of the largest s

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 over 18,000 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 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 7,000 subscribers and answers more than 100 research questions from the public 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 2020, NILL employees and volunteers updated many of 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.

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