Native American Rights Fund -- News

Support the Biggest Night for Native Rights

2008-05-21T09:21:00.019-06:00

NARF 7th Annual Visions for the Future Benefit Art Auction

Friday, August 22, 2008
La Fonda Hotel, Santa Fe, NM

SANTA FE--NARF's Visions for the Future Benefit Art Auction is held annually on the eve of the world-famous Santa Fe Indian Market. This year's event will be held Friday, August 22nd in the ballroom at La Fonda Hotel. NARF’s auction has become one of the premiere events during the Market. Last year’s Benefit Art Auction was the most successful in NARF’s history with more than 400 people attending from across the United States and more than $200,000 raised to support NARF’s non-profit legal and advocacy work to defend the rights and traditional cultural lifeways of Native Americans. Attendees include tribal and business leaders, artists, celebrities, media, art collectors, philanthropists and supporters of Native rights from all walks of life.

NARF's Visions for the Future Benefit Art Auction is our biggest and most important special event of the year and with out question the biggest night for Native rights. Our goal is to make NARF's 7th Annual Auction even more successful than last year's event. We are reliant on the generosity of individuals, businesses, foundations and tribes to be partners with NARF to help us reach that goal. All proceeds benefit the non-profit legal and advocacy work of NARF to defend the rights of Native peoples. Please take a moment to learn more about how you can support Native American rights by investing in the sponsorship opportunities we are offering for the auction and/or by donating items to be auctioned at the event.

Interested in being a sponsor for NARF's auction? Download our Auction Sponsor Information Kit & learn about the numerous sponsor benefits NARF is offering this year

See all the great event photos from NARF's 2007 Visions for the Future Auction-the most successful in NARF's history!

NARF AND ACLU Ask Federal Court To Stop Disenfranchisement of Alaska Natives Who Need Language Assistance

2008-05-21T09:17:00.007-06:00

Government Continues To Violate Voting Rights Act, Groups Charge

ANCHORAGE — On behalf of four Alaska Natives and four tribal governments, the Native American Rights Fund (NARF) and the American Civil Liberties Union filed a motion in federal court today ordering state and local elections officials to provide effective oral language assistance and voting materials to citizens who speak Yup’ik, the primary language of a majority of voters in the Bethel region of Alaska. The motion comes in a lawsuit filed in 2007 charging state and local elections officials with ongoing violations of the federal Voting Rights Act.

“The state of Alaska and city of Bethel continue to violate the Voting Rights Act by blocking Alaska Natives from participating in the democratic process,” said NARF attorney Natalie Landreth, who is lead co-counsel in the case. “Election officials expect Yup’ik voters to understand translations which are incomprehensible, inaccurate, confusing, and cause them to vote the wrong way. Under federal law, state and local elections officials must provide oral language assistance in Yup’ik and ballots and other voting materials translated into Yup’ik an obligation with which they have never complied.”

Read the full story

See Additional Media Coverage:
Yup'ik voters want help at polls, Anchorage Daily News
Election officials roll out programs for Native speakers, NBC Affiliate KTUU
Bethel area residents ask for elections assistance in Yup'ik, Seattle Post Intelligencer

2008 National Day of Prayer to Protect Native American Sacred Places

2008-05-15T09:55:00.003-06:00

Observances and ceremonies will be held across the country on June 20 to mark the 2008 National Day of Prayer to Protect Native American Sacred Places. The event at the Native American Rights Fund is open to the public. It will begin at 7:00 am on the front lawn. Our address is: 1506 Broadway, Boulder, Colo., 80302. For more information, contact 303-447-8760.

The first National Prayer Day was conducted on June 20, 2003, on the U.S. Capitol West Lawn and nationwide to emphasize the need for Congress to enact a cause of action to protect Native sacred places. That need still exists.

'Winters Doctrine' on water rights still haunts the American West

2008-05-09T12:47:00.002-06:00

by: Jerry Reynolds / Indian Country Today

From the article:

Echohawk, a veteran of water rights issues, said that over the course of almost four decades, NARF has encountered a consistent challenge - federal inability to fund the resolution of tribal water rights claims.

''For centuries, the federal government has promoted and subsidized non-Indian water rights to the detriment of vested tribal water rights. In the past four years alone, the Bush administration spent $2.3 billion on water infrastructure in Iraq, $1.6 billion on water-related issues in other countries, and $2.5 billion on water rights claims in the [American] West outside of Indian country. ... We strongly urge this committee [Natural Resources, through its subcommittee on water and power] to support the New Mexico senators ... We believe securing a permanent funding mechanism will resolve most of the problems of settling Indian water rights throughout the West.''

Read the full article

National foundation and TEDNA join forces

2008-05-09T12:20:00.024-06:00

INDIAN LAND TENURE FOUNDATION AND THE TRIBAL EDUCATION DEPARTMENTS NATIONAL ASSEMBLY (TEDNA) JOIN FORCES TO DEVELOP INDIAN EDUCATION PROFESSIONAL DEVELOPMENT MATERIALS AND LAND-BASED CURRICULUM

The Indian Land Tenure Foundation (ILTF) has awarded the Tribal Education Departments National Assembly (TEDNA) with grant monies to develop Indian education professional development materials, and promote and market the ILTF Indian Land Tenure Curriculum.

In recognition that education of tribal youth is one of the most important areas of sovereignty, TEDNA and ILTF will spend the next year working collaboratively to create professional development materials that support the ILTF Curriculum and incorporate the Curriculum into schools across the nation.

The ILTF Curriculum was designed with Native American tribal issues and values in mind, but the context illustrates the important relationship between land and people in general, not just Native Americans. The main goal is for students to become intellectually reconnected to the land and aware of its importance to their past, present and future.

“We hope to introduce the Curriculum into schools to reestablish the relationship between land and people while focusing on Native American views of the human relationship to land. We believe that these efforts will strengthen tribal youths’ understanding of who they are as Native American people. We also believe that this can help improve school performance by increasing student self-esteem and school engagement,” said TEDNA President Quinton Roman Nose.

ILTF Program Officer, Terry Janis explains, “TEDNA is an ideal partner as it has a nationwide network of tribal education departments, private businesses and government employees working in education. Our message, one of traditional Native American land values, will reach all tiers of education.”

TEDNA is a member-based, nationwide, organization of tribal education departments, and private and governmental educational entities. Tribal education departments serve Indian communities in similar functions as state and county local education agencies by providing funding and services to kindergarten through higher education students in public, private and BIA schools. TEDNA is the only organization that advocates for increasing tribal sovereignty in education by improving federal laws governing Indian education.

ILTF is a community foundation that works with Indian Nations to help them regain and effectively manage their land base. Because education is a critical component of this mission ILTF has developed a unique land-based curriculum for public and private schools. The ILTF Curriculum is based on universal themes of land-based learning, and the importance of land to Indian Nations.

TEDNA has enlisted the Native American Rights Fund (NARF) and Reinhardt & Associates to provide administrative, logistical, research and development support for the project. Amy Bowers will act as the primary contact at NARF, and Dr. Martin Reinhardt will be responsible for research and development. Dr. Reinhardt is “hopeful that this project will provide educators with some good tools for teaching both tribal and non-tribal youth about how we should be treating each other and the world around us.”

The ILTF Curriculum and the professional development materials will be highlighted at TEDNA’s upcoming Tribal Education Department’s Forum to be held in Reno, Nevada June 1, 2008 in conjunction with the National Congress of American Indians’ mid-year meeting. For more information, please see http://www.tedna.org or contact info@tedna.org.

Christy Van Buren, Ohkay Owingeh, President
Quinton Roman Nose, Cheyenne-Arapaho Tribe, Vice-President
Keri Acker-Peltier, Suquamish Tribe, Secretary
Lisa John, Chickasaw Nation, Treasurer
Virginia Nuske, Menominee Indian Tribe
Mary Helen Creamer, Navajo Nation
Joyce Silverthorne, Confederated Salish and Kootenai Tribes
Sergio Maldonado, Sr., Northern Arapaho Tribe
Jerome Jainga, Tsimshian

"Losing Ground": Film on Alaska Native Village Involved in NARF Global Warming Case Premieres

2008-04-25T15:12:00.008-06:00

Youth from Inupiat Village of Kivalina among subjects of a new film by Jenni Monet and in association with NARF on the impact of global warming on the village of Kivalina. Photo by David Hocs

ALBUQUERQUE, NM- Laguana independent filmmaker Jenni Monet will premiere her new film "Losing Ground" that examines the devastating impact of global warming on the Alaska Native Village of Kivalina this weekend in Santa Fe. The short documentary was made in association with NARF and with the support of the Tzo-Nah Fund.

"Losing Ground will provide an important platform and voice for the people of Kivalina to tell their story of the real and imminent threats they are facing due to global warming," stated NARF Director of Development Don Ragona. "NARF is grateful to Miss Monet and the Tzo-Nah Fund for making this important film possible," added Ragona.

"Losing Ground" will premiere at 6pm, Sunday, April 20th at the National Tribal Environmental Council (NTEC) and the New Mexico Tourism Department's inaugural Global Green Indigenous Film Festival. The film festival will be held in conjunction with NTEC’s 15th Environmental Conference April 15-18, 2008.

The premiere of Losing Ground is timely with the filing of a case representing the Alaska Native Village of Kivalina against 24 major corporations that includes ExxonMobil Corp., Peabody Energy Corp., Southern Company, American Electric Power Co. Kivalina faces imminent destruction from global warming due to the melting of sea ice that formerly protected the village from coastal storms during the fall and winter. The diminished sea ice due to global warming has caused a massive erosion problem that threatens the village’s existence and urgently requires the village be relocated.

The lawsuit filed at the end of February by NARF, The Center on Race, Poverty & the Environment and six law firms seeks damages due to the defendant companies’ contributions to global warming and invokes the federal common law of public nuisance. The suit also alleges a conspiracy by some defendants to mislead the public regarding the causes and consequences of global warming.

"Losing Ground" will one of several environmentally-themed films to be shown this weeked at the Global Green Indigenous Film Festival. Both the Film Festival and the conference will be held at the El Museo Cultural de Santa Fe in Santa Fe, New Mexico. (See complete Global Green Film Festival Schedule).

NARF & Tribal Leaders Call on Government to Pay "Fair Share" of Water Settlement Costs

2008-04-25T14:58:00.011-06:00

NARF's John Echohawk testifies before House Subcommittee on Water and Power.
Excerpts of article by Noelle Straub, Gazette Washington Bureau reprinted courtsey of BillingsGazette.com

WASHINGTON, D.C. - NARF Executive Director John Echohawk was among several tribal leaders who testified before the House Committee on Natural Resources' Subcomittee on Water and Power on Wednesday, April 16th, at an Oversignt Hearing on "Indian Water Rights Settlements." With several American Indian water rights settlements heading to Congress soon, including three from Montana, NARF, tribal and state leaders called Wednesday for a federal fund to pay the government's share and for a more robust federal role in talks.

Those involved with negotiations for numerous tribes told of a lack of federal funding and problems with the process that result in many settlements moving at a snail's pace. An Interior official said the costs of such settlements could rise to $4 billion.

A U.S. Supreme Court ruling 100 years ago gave tribes water rights on their reservations, but since then only 21 claims have been resolved or are near resolution, said Rep. Grace Napolitano, D-Calif., who heads the Natural Resources panel's water and power subcommittee.

Four bills addressing Indian water rights are before Congress, and nine more are expected this session, Napolitano said. Montana has concluded agreements with six of the seven tribes in the state and has three settlements being readied for congressional approval this year, said Susan Cottingham, director of the Montana Reserved Water Rights Compact Commission. She also testified on behalf of the Western Governor's Association.

The settlements have avoided costly and lengthy litigation, come up with practical solutions to difficult allocation issues and fostered sound management practices, she said. But for years they have faced two problems: the lack of funding and the difficulty states and tribes "have had getting the federal folks engaged at an early stage," Cottingham said. Because there is no permanent fund, settlements have had to compete with other Interior programs, she said. Montana has spent more than $50 million on settlements, she said.

A recent idea to pay for the federal share out of the Reclamation Fund, which takes in revenue from water resource development and some sales, leases and rentals of Western federal lands, is a "very exciting development," she said.

"Even though they seem expensive now, they're going to be even more exorbitantly expensive 10 or 20 years down the road, and they are an obligation that the United States has to these tribes and to Western communities," she said.

The funding and process problems are the same as they were in the early 1990s, said Jeanne S. Whiteing, who is legal counsel to the Blackfeet Tribe of Montana in its water rights negotiations and is a member of the tribe. Despite significant water resources on the reservation, the tribe has been unable to benefit in any meaningful way, she said. The federal negotiating process has made the road to Congress a rocky one, she said. The federal criteria have been used as an "actual impediment to settlements."

"The key in my opinion is a clear and firm funding mechanism. It frees up the department to be involved in the settlements in a more substantive way, and it frees up the department to come up with creative solutions," she said.

The funding issue is the most difficult in negotiations, agreed John Echohawk, executive director of the Native American Rights Fund. "Getting the federal government to pay its fair share of these settlement costs is still the most important issue that we're facing," he said.

Cottingham and Echohawk also agreed that tribes thought the federal government would be on their side during negotiations, but, actually, states and tribes have agreed on settlements only to have to try to persuade Congress to approve them, usually without administration support.

NARF Helps Defend Tribal Court Jurisdiction in Supreme Court

2008-04-25T14:40:00.014-06:00

Ronnie and Lila Long with NARF attorneys Melody McCoy and Richard Guest and members of the Sacred Circle National Resource Center to End Violence against Native Women outside the Supreme Court after the oral argument. Photo by Marsha Miller

WASHINGTON D.C.-On Monday April 14, 2008, the United States Supreme Court heard oral argument in Plains Commerce Bank v. Long Family Land and Cattle Company, one of the most significant Indian law cases to reach the Court in the past decade. As Chief Justice John Roberts recognized during the argument, “[If we rule in favor of the Long Family], this would be the first case in which we have … allowed Indian tribal jurisdiction to be asserted over a nonmember [defendant in tribal court]." "It's a big 'IF'," commented John Echohawk, Executive Director of NARF which is co-counsel for Ronnie and Lila Long, tribal members who operate a cattle ranch on the Cheyenne River Sioux Reservation in South Dakota... "But in this case," continued Echohawk, "we have a chance."

Ronnie and Lila Long joined a packed courtroom to watch the Bank argue that the law requires nonmembers to consent expressly to tribal court jurisdiction. But as the Longs countered, for many years, the Bank made multiple loans-with Bureau of Indian Affairs guarantees -- to the Long Company, a majority-Indian-owned corporation. In 1996, the Bank restructured, changed the terms, and refused to provide some of the Company's loans. As a result, hundreds of the Longs' cattle died during the harsh winter of 1996-97, and the Bank sought to evict the Longs from some of their remaining land. A two-day jury trial in Tribal Court resulted in a judgment of $750,000 against the Bank. This judgment and the Tribal Court's jurisdiction were upheld by the Tribal Court of Appeals, the federal district court, and the federal appeals court.

The Longs' Supreme Court position was argued by NARF’s co-counsel, David Frederick, a veteran Supreme Court practitioner who co-chairs the University of Texas Law School Supreme Court Clinic. The argument was the culmination of over three months of intensive preparation and advocacy by a team of attorneys, law professors, and law students assembled by NARF and the Tribal Supreme Court Project to represent the Longs and their supporting amici curiae, including the National Congress of American Indians, the Cheyenne River Sioux Tribe and the National American Indian Court Judges Association. The United States as amicus also sided with the Longs although nine states as amici sided with the Bank. "We are very grateful," said Ronnie Long. "The attorneys came to our Reservation, saw the little bit of land and few cattle we have left, and dug into this case night and day for weeks on end. I still can't believe it."

After the oral argument, NARF is "cautiously optimistic." "If ever there was a case where the Court should uphold tribal court jurisdiction, this is it” explained Melody McCoy, a senior staff attorney at NARF. “But will the Court do so? I don't know. It's been almost 20 years since the Court has found any tribal jurisdiction over non-Indians." Nevertheless, at least some members of the Court seemed willing to say that based on the facts of this case, there is tribal court jurisdiction. The Court's decision is expected by the end of June 2008.

Call for artist donations

2008-04-03T10:51:00.006-06:00

Where Art & Justice Unite...

NARF 7th Annual Visions for the Future Benefit Art Auction

Friday, August 22, 2008
La Fonda Hotel , Santa Fe, New Mexico

CALL FOR ARTIST DONATIONS:
PLEASE SUPPORT THE BIGGEST NIGHT FOR NATIVE RIGHTS

Boulder, CO-The Native American Rights Fund is currently seeking donations of art and other items for its 7th Annual Visions for the Future Benefit Art Auction. The event, held on the eve of the opening of the Santa Fe Indian Art Market, has become one of the premier events during the Market. Last year, the Visions for the Future Auction was NARF's most successful event in our history with over 400 people attending and more than $206,000 raised through art sales and donations. The auction is NARF's largest and most important special event of the year that is attended by tribal and business leaders, Indian art collectors, NARF supporters and people from all walks of life.

ART DONATIONS FOR AUCTION SOUGHT
NARF is currently seeking donations of art and other items for both our live and silent auctions. This very special event for Native American rights would not be possible without the generous donations made every year by Native artists, organizations, businesses and individuals from throughout the country. Typically we feature 22 pieces of art in our live auction and up to 80 pieces (art, gift baskets, gift certificates, trips, etc.) in our silent auction. In addition, this year we are also planning to hold an online auction in conjunction with our special event that will be promoted heavily nationwide to increase awareness and interest of potential buyers.

BENEFITS OF DONATING TO AUCTION
In recognition of your donation and support, NARF offers a variety of benefits to those donating artwork and/or items that will help promote your generosity to our large national support base that numbers over 25,000 members. Please click here for detailed information on the benefits of donating to the NARF auction.

If you are interested in donating an item to the auction please click here to download the NARF Benefit Art Auction Pledge Form, complete the form and mail or fax it to our office by Friday, June 13th, 2008.

PLEASE FORWARD TO ALL YOUR FRIENDS & ALLIES!
Another way you can show your support for NARF and Native rights is to forward this call for donations to all of your friends, colleagues, family members, etc. Please help NARF reach and even surpass the historic success of our auction last year and make our 7th Annual Visions for the Future Art Auction an even bigger success for Native Rights!

The struggle of fighting for the rights of Native peoples is very much alive today. In order to continue our existence and the fight for justice, we depend on the generosity of artists and supporters like you who help make a difference in our continued work for Native peoples. Thank you for considering our request. If you have any questions, please feel free to contact me at 800.447.0784 or via email at crystal@narf.org.

Ta'Tura Tsiksu (With Much Respect),
Crystal Echo Hawk
Assistant Director of Development

Mark Your Calendars! NARF 7th Annual Benefit Art Auction-Santa Fe Indian Market

2008-03-26T09:06:00.007-06:00

Friday, August 22nd, 2008
Featured Artist: Brent Greenwood (Ponca/ Chickasaw)
La Fonda Hotel Ballroom, Santa Fe, NM
For more information: 800-447-0784

Tribal Supreme Court Project Update: ALERT: Legal Challenge for Indian Country on Land Into Trust

2008-03-26T09:03:00.004-06:00

In another major challenge for Indian country, on February 25, 2008, the U.S. Supreme Court granted review in Carcieri v. Kempthorne, a decision by the en banc panel of U.S. Court of Appeals for the First Circuit which upheld the authority of the Secretary of Interior to take land into trust for the Narragansett Tribe under Section 5 of the Indian Reorganization Act (IRA) over the objections of the State of Rhode Island. The Supreme Court granted review on the first two questions presented within the State’s petition for writ of certiorari: (1) “Whether the 1934 Act empowers the Secretary to take land into trust for Indian tribes that were not recognized and under federal jurisdiction in 1934” (i.e. whether the IRA and its benefits apply only to tribes that were “now under federal recognition” in 1934); and (2) “Whether an act of Congress that extinguishes aboriginal title and all claims based on Indian rights and interests in land precludes the Secretary from creating Indian country there” ( i.e. whether the Rhode Island Settlement Act creates an implicit limitation on the Secretary’s land to trust authority). The Court did not grant review of the third question presented: (3) “Whether providing land “for Indians” in the 1934 Act establishes a sufficiently intelligible principle upon which to delegate the power to take land into trust” (i.e. whether Section 5 of the IRA is an unconstitutional delegation of legislative authority).

Rhode Island’s arguments threaten the land and sovereignty of all Indian tribes. A group of sixteen (16) state Attorney Generals filed an amicus brief prepared by the State of Connecticut in support of the State of Rhode Island as part of their on-going coordinated strategy to mount additional legal challenges to the acquisition of trust land for the benefit of Indians and Indian tribes. These states are: Alabama, Alaska, Arkansas, Connecticut, Florida, Idaho, Illinois, Iowa, Kansas, Massachusetts, Missouri, North Dakota, Oklahoma, Pennsylvania, South Dakota, and Utah. The Tribal Supreme Court Project coordinated amicus briefs at each stage in the First Circuit and will continue to coordinate resources and develop legal strategy at the Supreme Court level. The State of Rhode Island’s opening brief is due on April 10, 2008.

Copies of briefs and other materials for each of the cases listed in the Update are available on the NARF website at www.narf.org/sct/index.html.

NARF wins case for Alaska's tribal children

2008-03-26T08:59:00.006-06:00

Anchorage, AK-On Friday, February 22, the federal District Court in Anchorage, Alaska issued a very important ruling that will benefit all of Alaska’s tribal children. In 2005, the Kaltag Tribe, an Athabascan Tribal village in Interior Alaska totally inaccessible by road with about 250 residents, completed an adoption for one of its youngest tribal members. (Her name is being withheld to protect her privacy.) The then 4-year old needed a safe new home and the Tribe, in its tradition of serving as parent to its people, took custody of her and then put a lot of effort into what is called “due diligence” on each potential parent. Kaltag quickly found her an excellent home with two loving parents. The two adoptive parents, who lived in another village just up the Yukon River, petitioned to formally adopt this little girl. In 2005, the Kaltag Tribal Court completed the adoption and sent the paperwork to the State of Alaska, Bureau of Vital Statistics requesting a new birth certificate for the little girl reflecting the names of her adoptive parents. To the Tribe’s surprise, the State rejected their request on the grounds that the tribe had no jurisdiction to complete an adoption -- even over one of its own tribal members.

The State’s decision conflicted with section 1911 of the Indian Child Welfare Act which provides that States are supposed to give “full faith and credit” to the decisions of Tribal Courts. This means the State is supposed to honor the adoption completed by Kaltag and issue the little girl a new birth certificate. This case presented more than just a pure legal issue however, because without a birth certificate reflecting the names of her adoptive parents, this little girl would not be able to enroll in school, get medical care, travel, or do any of the other activities for which you need your birth certificate. As far as the State was concerned, her adoptive parents were not her parents at all, and so this child was left in legal limbo.

The United States District Court for the District of Alaska put an end to this on February 22nd when they held that the Kaltag Tribe’s adoption order is entitled to full faith and credit and that this little girl is therefore entitled to her new birth certificate. The child was overjoyed when she heard the news and excited that she would finally share the same last name as her parents and all her siblings. She said that now she feels like a real member of the family.

This case is not just about one child. According to the Alaska Judicial Council’s “Directory of Dispute Resolution in Alaska Outside Federal and State Courts,” in a one year period Alaska’s Tribes had more children in custody, finalized more adoptions, granted more guardianships, returned more children home, and had fewer children in foster care and for less time than the State. Alaska’s Tribal Councils and Tribal Courts are a critical piece of care of children in Alaska, and NARF is delighted that their decisions will be afforded the full faith and credit that they deserve.

NARF & Alaskan Native Village Sues 24 Oil and Energy Companies for Destruction Caused by Global Warming

2008-02-29T11:17:00.012-07:00

FOR IMMEDIATE RELEASE: Feb. 28, 2008
CONTACT: Colleen Swan, Tribal Administrator, Native Village of Kivalina, 907-645-2153
Janet Mitchell, City of Kivalina Adminstrator, 907-645-2281
For attorney comment contact Matt Pawa 617-641-9550

Alaskan Native residents of Kivalina, AK face imminent relocation from their traditional homeland due to impact of global warming on their community. Photo by David Hocs.

Lawsuit results from ravages of global warming;

Case seeks relocation of Native Alaskan village in order to protect against total destruction.

KIVALINA, Alaska A tiny and impoverished Alaskan village of Inupiat Eskimos located in the Arctic Circle, Kivalina, filed a lawsuit Tuesday against industrial corporations that emit large quantities of greenhouse gases. Kivalina faces imminent destruction from global warming due to the melting of sea ice that formerly protected the village from coastal storms during the fall and winter. The diminished sea ice due to global warming has caused a massive erosion problem that threatens the village’s existence and urgently requires the village be relocated. The lawsuit was filed on behalf of Kivalina by two non-profit organizations-Native American Rights Fund (NARF) and The Center on Race, Poverty & the Environment- plus six law firms. NARF is a national non-profit legal and advocacy organization for Native American rights that has been based in Boulder, CO for 37 years.

The Native Village of Kivalina, which is a federally recognized Indian Tribe, and the City of Kivalina, which is an Alaskan municipality, filed the lawsuit Tuesday in the United States District Court for the Northern District of California, located in San Francisco.They filed the case on their own behalves and on behalf of all tribal members against defendants ExxonMobil Corp., Peabody Energy Corp., Southern Company, American Electric Power Co., Duke Energy Co, Chevron Corp., and Shell Oil Co., among others. In total there are nine oil company defendants, fourteen electric power company defendants and one coal company defendant. The suit claims damages due to the defendant companies’ contributions to global warming and invokes the federal common law of public nuisance. The suit also alleges a conspiracy by some defendants to mislead the public regarding the causes and consequences of global warming. The residents of Kivalina are among the nation’s poorest people.

Colleen Swan, Tribal Administrator of the Native Village of Kivalina, said “The campaign of deception and denial about global warming must stop.” She added, “Global warming and its effects are a reality we have to deal with. Peoples’ lives are in danger because of it.” Swan noted that “official reports from the U.S. Army Corps of Engineers and the Government Accountability Office have found that Kivalina is directly harmed by global warming and must relocate at an expense that could cost $400 million or more.”

“We need to relocate now before we lose lives,” echoed Janet Mitchell, City Administrator for the City of Kivalina. “We are seeing accelerated erosion because of the loss of sea ice. We normally have ice starting in October, but now we have open water even into December so our island is not protected from the storms.”

The defense of Alaska Native rights has been a long-standing priority for the Colorado-based NARF. The non-profit, with offices also in Anchorage, Alaska and Washington D.C. has represented Alaska Native Tribes for over two decades bringing litigation to protect tribal sovereignty and customary and traditional subsistence practices.

"In recent years it has become evident that another, perhaps more impending threat to Alaska Native lifeways looms," stated NARF Alaska attorney Heather Kendall-Miller. "Global climate changes are wreaking havoc on the Arctic causing loss of habitat and widespread erosion. Subsistence practices, too, are being threatened. Upon learning that many villages along Alaska’s coastline were eroding into the ocean necessitating relocation, NARF’s Alaska office took on the challenge of developing new litigation that would seek compensation from industry polluters for the cost of village relocation."

Kendall-Miller further added that, "Working with the environmental public interest firm, Center on Race, Poverty & the Environment, NARF reached out to the private bar to establish a team of top notch attorneys to develop the first climate change case that seeks damages from industry for the loss of property due to global warming. While the private firm attorneys bring the workforce and tort experience to the case, NARF brings the client and the relationship. Together this coalition of law firms hope to establish the climate change equivalent of the tobacco cases."

Tribal Supreme Court Project Update

2008-02-15T15:45:00.003-07:00

Washington D.C.-In a major development, on January 4, 2008, the Supreme Court granted review in Plains Commerce Bank v. Long Family Land and Cattle Company, No. 07-411, to review a decision by the U.S. Court of Appeals for the Eighth Circuit which held that the Cheyenne River Sioux Tribal Court has jurisdiction over claims by tribal members against a non-Indian bank doing business on the reservation. The question presented by the petitioner, Plains Commerce Bank, is: “Whether Indian tribal courts have subject matter jurisdiction to adjudicate civil tort claims as an ‘other means’ of regulating the conduct of a nonmember bank owning fee-land on a reservation that entered into a private commercial agreement with a member owned corporation.” Throughout the proceeding in the federal courts, the Bank has only challenged the tribal court’s jurisdiction over the discrimination (tort) claim, leaving the breach of contract and bad faith claims unchallenged.

NARF is representing the Long family as pro-bono co-counsel before the Supreme Court and the Project is working with co-counsel in the preparation of the merits brief. The Project is also working with the attorneys representing the Cheyenne River Sioux Tribe, NCAI and NAICJA and others to develop a tribal amicus brief strategy in support of affirming tribal court jurisdiction. The Bank’s opening brief is due on February 14, 2008, and the Long family’s response brief is due March 12, 2008. Oral arguments will be heard on April 14, 2008.

The Project is closely monitoring the Carcieri v. Kempthorne, a case which involves another challenge to the Secretary’s authority to take land into trust for the benefit of Indians and Indian tribes and is currently pending before the Court on a petition for cert. The case is scheduled for conference next Friday, February 22, 2008. The Tribal Supreme Court Project has also been busy preparing amicus (“friend of the court”) briefs in two important cases the Court is reviewing that have serious implications for American Indians and Alaska Natives: Crawford v. Marion County Election Board (challenging the constitutionality of state voter identification laws which require voters to show state or federal photo identification as a requirement to vote) which was argued on January 9, 2008; and Exxon Shipping Company v. Baker (defending award of punitive damages against Exxon for destruction of subsistence fishing and hunting as result of Exxon Valdez oil spill) which will be argued on February 27, 2008.

For more information and for copies of briefs and other materials for each of the cases listed in the Update are available on the NARF website at http://www.narf.org/sct/index.html. The purpose of the Tribal Supreme Court Project is to strengthen tribal advocacy before the U.S. Supreme Court by developing new litigation strategies and coordinating tribal legal resources, and to ultimately improve the win-loss record of Indian tribes. The Project is staffed by attorneys with the Native American Rights Fund (NARF) and the National Congress of American Indians (NCAI) and consists of a Working Group of over 200 attorneys and academics from around the nation who specialize in Indian law and other areas of law that impact Indian cases, including property law, trust law and Supreme Court practice.

Victory in Cobell Case: Hearing Date Set to Discuss Remedy

2008-02-15T15:41:00.003-07:00

Washington D.C.- A federal judge ruled on January 30th in favor of half-a-million Individual Indian Money account holders who argued the Department of Interior's accounting for their trust funds was totally insufficient. After 11 years of litigation in the courts and numerous Congressional hearings, in a 165-page decision, U.S. District Court for the District of Columbia Judge James Robertson declared that a historical accounting of the Indian trust is "impossible."

After a 10-day trial last October, Judge Robertson ruled in the Cobell v. Kempthorne case that the Interior Department is unable to perform an adequate accounting of the Individual Indian Money trust and that the government "has not" and "cannot" cure its breach of trust to hundreds of thousands of Indian beneficiaries who have never been told how much money they are owed for the use of their land. Judge Robertson called for a hearing in 30 days to begin discussions on a remedy. The hearing has now been scheduled for March 5, 2008.

The Cobell v. Kempthorne case was filed in 1996 by the Native American Rights Fund and private attorneys. It is brought on behalf of approximately 500,000 past and present individual Indian trust beneficiaries. The individual Indian money account holders (plaintiffs) seek a full accounting of their trust assets for the entire period that such assets have been held in trust since 1887. Trustees, without exception, have a fiduciary duty to provide accurate and complete statement of accounts to each beneficiary at regular intervals and a complete and accurate accounting upon demand. Yet, the United States has never provided an accounting to individual Indian trust beneficiaries. It has never provided beneficiaries accurate and complete statement of accounts. In addition, plaintiffs ask that the account balances be restated in accordance with the accounting. Finally, plaintiffs seek reform of the trust management and accounting system.

Currently, there are over 11 million acres of land held in trust for the IIM beneficiaries. More than $300 million dollars pass through the U.S. Treasury on behalf of Indians annually from oil and agricultural leases, mining and water rights, rights-of-way and timber sales, and are collected by the Interior Department for distribution to the rightful owners.

Although the Native American Rights Fund has not been actively involved in the case over the past year, we intend to become re-involved as prospects for a Congressional settlement of the case improve.

To learn more about the class action lawsuit NARF filed on behalf of American Indian and Alaska Native Tribes seeking full and complete accountings of trust funds that the United States government holds as trustee for the Tribes, visit tribaltrust.com.

To read recent articles published in the New York Times and other publications on the Cobell decision, visit the following links:

"The Verdict: It's Broken" Editorial by the New York Times, 2/1/08
"Indian Trust Funds: It's broke, so fix it" Editorial by Seattle Post-Intelligencer, 2/4/08
"Settle the botched Indian trust case" Editorial by Seattle Times, 2/6/08

NARF Launches New Young Artists Book for Native Rights

2008-02-05T15:36:00.000-07:00

Denver, CO (12/1/2007)—The Native American Rights Fund in partnership with Fulcrum Publishing has recently published a visually stunning tribute to young Native American artists and their progressive visions. A collection of artwork from around the country, Visions for the Future: A Celebration of Young Native American Artists, shares unique views on the 21st century. These works capture the vivid emergence taking shape in the Native American art world and includes writings by the young artists on their perspectives on Native rights, Native art, and the future of Indian country.

Visions for the Future is based on the annual art show of the same name, sponsored by the Native American Rights Fund (NARF). The goal of the art show is to raise awareness for NARF’s work and to bridge generations and communities in the struggle for Native American rights through the celebration of contemporary Native American art and culture. Exploring topics such as resistance, perseverance, pride, media coverage, and legacy, the artists in these pages will be important names to watch.

Visions for the Future contains:

14 featured artists in their favorite medium (songs, painting, photography)
Artist background and artistic statement
Introductory essays about contemporary Native American art, where the movement is heading, and the continuing struggle for Native rights
Explanations by the artists of the featured works

“The imagery of tribal life in these pages is both contemporary combat and revered allegiance. In collection of innovative painting, sketches, digital art, existing stereotypes are confronted, new perceptions are challenged, and a history of survival is championed. Although no single song, painting, or photograph can entirely express what centuries of catastrophe has done to tribes, they can teach everyone who views them about the valiant efforts fought and won, born from an era that has reignited a vision for the future.”—Jenni Ghahate-Monet, journalist (excerpt from Visions for the Future)

Visit NARF's online store to purchase a copy of "Visions for the Future." A portion of book sales will benefit the non-profit legal and advocacy work of NARF.

NARF to Co-Counsel U.S. Supreme Court Case

2008-02-05T15:34:00.000-07:00

Washington D.C.-On January 4, 2008, the United States Supreme Court accepted the petition of a non-Indian bank to review a decision of the U.S. Court of Appeals for the Eighth Circuit upholding tribal court jurisdiction over claims by tribal members against the bank. In the Supreme Court, NARF will serve as co-counsel to the Indian family business, along with their local counsel and a Supreme Court practitioner. The Response Brief is due March 12, 2008 and the case will be argued in April 2008.

In Plains Commerce Bank v. Long Family Land & Cattle Co., the Supreme Court granted review of a decision by the U.S. Court of Appeals for the Eighth Circuit which affirmed the district court’s holding that the Cheyenne River Sioux Tribal Court has jurisdiction over a discrimination action by tribal members against a non-Indian bank who had entered into a number of loan transactions with the Long family farming and ranching business. The question presented by the petitioner, Plains Commerce Bank, is: “Whether Indian tribal courts have subject matter jurisdiction to adjudicate civil tort claims as an “other means” of regulating the conduct of a nonmember bank owning fee-land on a reservation that entered into a private commercial agreement with a member owned corporation.”

In the tribal court proceedings, a unanimous jury had found in favor of the Long family, and the verdict was upheld by the tribal court of appeals based on traditional common law of the Tribe. The Eighth Circuit found that the bank had formed concrete commercial relationships with the business and its Indian owners, had taken advantage of the BIA loan guarantees and, therefore, had engaged in the kind of consensual relationship contemplated by Montana v. United States, the leading Supreme Court case on tribal civil jurisdiction over non-Indians. Montana determined that tribal courts do not have civil jurisdiction over non-Indians unless a consensual relationship has been established.

The Tribal Supreme Court Project is working with the attorneys representing the Long family in the preparation of the merits brief which is due March 12, 2008. The Project is also working with the attorneys representing the Cheyenne River Sioux Tribe and others to develop and coordinate a strategy for tribal amicus briefs which are due on March 19, 2008.

For more information on the Tribal Supreme Court Project and how you can support its important work, please visit http://www.narf.org/ and click on Tribal Supreme Court Project.

Court Denies Government’s Motion in Tribal Trust Funds Case

2008-02-05T15:32:00.000-07:00

Washington D.C.-On December 19, 2007 the district court for the District of Columbia denied a motion made by the Federal Government in the Nez Perce Tribe v. Kempthorne action filed by NARF on behalf of more than two hundred tribes. The Court denied the government’s motion that this action and the thirty-six (36) other tribal trust cases before it are not properly before the Court. The Government attempted to argue that these cases should be sent back to the U.S. Department of the Interior under the Administrative Procedure Act (APA) that would allow the agency an opportunity to plan for the required accountings. The Court however denied the Government's motion. If the government does not seek interlocutory appeal of the denial of its motion, it is likely that Nez Perce Tribe v. Kempthorne and the other cases will resume proceedings.

Nez Perce Tribe v. Kempthorne was filed by NARF on December 28, 2006 in the federal district court for the District of Columbia. The action seeks full and complete accountings of tribal trust funds, which never have been provided by the federal government who is the trustee for the funds. The action also seeks a court order declaring that the Arthur Andersen reports prepared under a reconciliation project contract with the Bureau of Indian Affairs and provided to tribes in the 1990s are not full and complete trust fund accountings.

Twelve tribal plaintiffs are named in the action- Nez Perce Tribe; the Mescalero Apache Tribe; the Tule River Indian Tribe; the Hualapai Tribe; the Yakama Nation; the Klamath Tribes; the Yurok Tribe; the Cheyenne-Arapaho Tribe; the Pawnee Nation of Oklahoma; the Sac and Fox Nation; the Santee Sioux Tribe of Nebraska; and the Tlingit and Haida Indian Tribes of Alaska. However, Nez Perce Tribe v. Kempthorne was filed as a class action to protect the rights of all tribes that do not file their own actions and that choose to remain in the class. About seventy (70) tribes filed their own actions, but as many as two hundred and twenty (220) may be in the class if certification is granted. The action had to be filed by December 31, 2006 under an act of Congress that gave tribes that date as a deadline by which to challenge the accounting adequacy of the Arthur Andersen reports.

For more information and updates on Nez Perce Tribe, et al. v. Kempthorne, et al.
Tribal Trust Funds Accountings Lawsuit, please visit tribaltrust.com.

Tribal Supreme Court Project Update -- State Voter ID Laws & Exxon Valdez Oil Spill

2008-01-07T09:53:00.000-07:00

A new update memorandum has been posted for the Tribal Supreme Court Project -- a part of the Tribal Sovereignty Protection Initiative and staffed by the National Congress of American Indians (NCAI) 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.

Excerpt from the Memo: Although the Supreme Court has not yet granted review in any Indian law case during its October 2007 Term, the Tribal Supreme Court Project has been busy preparing amicus (“friend of the court”) briefs in two important cases the Court is reviewing that have serious implications for American Indians and Alaska Natives: Crawford v. Marion County Election Board (challenging the constitutionality of state voter identification laws which require voters to show state or federal photo identification as a requirement to vote); and Exxon Shipping Company v. Baker (defending award of punitive damages against Exxon for destruction of subsistence fishing and hunting as result of Exxon Valdez oil spill).

Read the rest of the new Jan. 2nd, 2008 memo and previous ones at http://narf.org/sct/updatememos/sctcaseupdates.html

New Documentary About NARF

2007-12-20T09:40:00.000-07:00

In preparation for the release of a new documentary about NARF in 2008, a short video trailer is now available at NARF's web site.

Just published: NARF Legal Review, Summer/Fall 2007

2007-12-06T11:15:00.000-07:00

This issue of the NARF Legal Review (vol. 32, no. 2) includes a cover story on the adoption of the historic Declaration on the Rights of Indigenous Peoples. Access the Legal Review at NARF's web site. Access the Declaration at the web site of the United Nations.

Victory in challenging the English Only Initiative

2007-11-13T08:40:00.000-07:00

On November 2, 2007 the Alaska Supreme Court struck down the unconstitutional provision of the Official English Initiative on the grounds that it violates speech rights protected by the federal and Alaska Constitutions. The English-only Initiative was adopted in 1998 and required the state, its political subdivisions and all state employees to use only English in all government functions and actions at the state and local levels.

Twenty-seven plaintiffs from the Yup’ik villages of Quinhagak, Manokotak, Kasigluk, Chefornak, and Atmautluak brought suit against the state to block the Official English Initiative’s implementation. Plaintiffs included local governmental officials, educators, and members of the public from villages that would have been impacted by the law were it to go into effect. Other plaintiffs included five Alaska Natives residing in the cities of Barrow and Bethel, as well as four non-Native plaintiffs. The case was consolidated with another challenge brought by plaintiffs from Togiak represented by attorney Doug Pope.

The lawsuit was brought to protect the rights of Alaska Native villages to freely choose, shape and control the forms of community self-governance that exist in their local communities. Because Alaska Native villages exercise their powers of community self-governance through numerous structures, both tribal and state, many of the most basic powers of community self-governance in Native villages are exercised through institutions established under state law, such as city governments, school districts, and the various citizen advisory boards that provide local input on state agency decisions. Alaska Native villages have a fundamental community right to govern themselves through whatever structures they may choose, which necessarily includes the right to do so in the Native languages of their communities, the only languages many of their citizens can understand.

NARF successfully argued that the law would not protect Native languages, that it would require government employees to communicate with non-English speakers only in English, even if they were able to speak the individual’s language, that it would bar non-English speakers from receiving many services to which they are entitled, and that it would violate the constitutional rights of each Alaskan to speak in the language of their choice, to petition their government for redress of grievances and to equal protection of the laws.

The Alaska Supreme Court agreed and held that "if all government communications must be in English, some voices will be silenced, some ideas will remain unspoken, and some ideas will remain unchallenged." Op. at 44. The court went on to state that such a requirement harms "society as a whole, which is deprived of an uninhibited marketplace of ideas. Complete speech bans . . . are particularly dangerous because they all but foreclose alternative means of disseminating certain information." Op. at 45.

The Court severed the unconstitutional portion of the initiative that required the use of only English. Under the Court’s ruling, the revised law allows government communication in any language for any purpose, as long as English versions of official records and documents are kept.

2nd Annual Modern Day Warriors Art show: Empowering the Young Voices of Native America

2007-10-26T13:10:00.000-06:00

Saturday, November 10th
St. Julien Hotel Ballroom, Boulder, CO

FREE ADMISSION & OPEN TO THE PUBLIC

*Special Free Shuttle for NCAI Participants from Denver to Boulder.
Spaces Are Limited.
Call to Reserve Space.

Film Screening, Art Show, Reception, Silent Auction & Live Music

5-7PM: Screening Award-Winning Film "Four Sheets to the Wind" with Q & A by Director Sterlin Harjo (Seminole Creek)

7-10PM: Modern Day Warriors Art Show, Reception & Silent AuctionLive Musical Performances by Quese Imc (Pawnee/Seminole) & Meghan Meisters (Dene)

All Proceeds Benefit Non-Profit Legal and Advocacy Work of NARF for the Rights of Native Peoples.

For more information contact: Tel: 303.447.8760
Email: crystal@narf.org
Or Visit: http://narf.convio.net/mdwartshow

Check Out NARF's Hot Modern Day Warrior Gear on NARF's Online Store

National Modern Day Warrior Art Show Competition Features 30 Young Artists Representing 34 Tribes

2007-10-26T13:00:00.000-06:00

BOULDER, CO-The Native American Rights Fund (NARF) is pleased to announce the winning entries for its upcoming 2nd Annual Art Show "Modern Day Warriors: Empowering the Young Voices of Native America." NARF sponsored the national art competition open to Native artists ages 15-35 years. Thirty-nine artists representing 34 different American Indian tribes from across the country participated in this year's competition. A total of 103 works of visual art were reviewed by a national jury comprised of artists and non-profit, business, media, publishing and marketing professionals who chose a total of 50 works of art to be exhibited at the NARF Modern Day Warriors Art Show on November 10th in Boulder.

All artwork will be available for sale at the NARF Modern Day Warrior Art Show to be held at the St. Julien Hotel Ballroom from 7-10pm on Saturday, November 10th. The event is free and open to the public. All selected young artists are donating 50% of all art sales from the event to support the non-profit legal and advocacy work of NARF on behalf of the rights of Native Americans.

A special offer is being made to NCAI Annual Convention participants who will be in Denver on the 10th. NARF has arranged a FREE, roundtrip shuttle service to transport conference participants from the NCAI Host Hotel in Denver to the NARF art show in Boulder. Spaces on the free shuttle are limited to please call to reserve a seat. For more information contact Crystal Echo Hawk, NARF Assistant Director of Development, at 303.447.8760 or via email at crystal@narf.org. Event information is also available at http://narf.convio.net/mdwartshow.

Modern Day Warrior: NARF Attorney Yvonne Knight Retires

2007-10-26T12:55:00.000-06:00

"When you go out there to represent Indian people, you see your family your brothers, your sisters, your nephews, your mother and father, your grandparents. You realize the devastating impact that society can have on people because they are a different culture, because their skin is a different color. Being Indian at NARF brings a focus a fire a determination to do the very best. You’'re going to be as good a lawyer as any non-Indian lawyer who ever walked into a court room. This organization is like a warrior society. You put your life on the line be the best you can be always being prepared. Your fighting for the survival of your people..."
-Yvonne Knight (NARF Senior Staff Attorney)

BOULDER, CO-With these words, NARF attorney Yvonne Knight (Ponca-Creek) marked the 20th Anniversary of NARF in 1990. On September 30, 2007, Yvonne said goodbye to NARF as she moved on into retirement after 36 years of fighting for the rights of all of us in Indian country. NARF held a very special retirement dinner for Yvonne where colleagues, former clients, friends and family came to honor the immense legacy she leaves behind in Indian law. Speakers including Ada Deer, Charles Wilkinson, University of Colorado Law Professor and John Echohawk made touching remarks and tributes to this remarkable Modern Day Warrior for Native Rights.

Through this journey, Yvonne has proven to be a modern day Indian warrior, as can be attested to by the countless tribes and individuals that she has guided through the myriad of Indian law, legislation, and court rulings. Yvonne has stood before Congress, federal and state courts, tribes and communities to defend the rights of our people. Yvonne was motivated by the thought that NARF is a warrior society and that she fought these courtroom battles, not for abstract reasons, but for family. This she believed, made Indian attorneys more formidable in court when they're up against impossible odds. Her victories helped to protect our cultures, our spirituality, our way of life, and helped to determine our future. Yvonne understood the power of our elders visions and transformed them to create leadership and change.

Yvonne is of Ponca-Creek descent and a member of the Ponca Tribe. While in law school, she was a founding member of the American Indian Law Students Association (now the Native American Law Students Association), and served on first board of directors of that organization. Yvonne was the first Indian woman law graduate from the University of New Mexico’’s Indian Law Scholarship Program. She joined NARF as a staff attorney in 1971 and has represented countless tribes and individuals in cases involving a variety of Indian law issues. She served as a member of a task force of the American Indian Policy Review Commission responsible for recommending changes in federal statutes affecting Indians.

Yvonne was actively involved in the passage and implementation of the Menominee Restoration Act. She has also had extensive experience in such areas of Indian law as drafting tribal constitutions; defining and enforcing the federal trust responsibility to Indians; litigating tribal claims to land, water, and other natural resources; enforcing Indian education rights; and, defining and enforcing tribal court jurisdiction.

Yvonne your legacy will be hard to follow, but your inspiration will guide the next generation of Indian attorneys to continue this fight for family, for what is right, and for what it should be. You will be missed.