Although only a fraction of their original territories, many tribes still control vast areas of land and water. Some tribal lands contain extractable resources such as oil, gas, and timber. Other lands are used for hunting, fishing, livestock grazing, and agriculture. The political and economic self-determination and self-sufficiency of most tribes depend on maintaining their land and natural resources. Much of NARF’s work under this priority involves helping tribes to safeguard their land rights; water rights; hunting, fishing, and gathering rights; resource rights; and environmental rights.
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Native Lands
According to the Bureau of Indian Affairs, approximately 56.2 million acres currently are held in trust by the government for tribes (44 million acres) and individual Indians (11 million acres). Many tribes still have reservations, which are lands that were reserved by tribes in treaties and agreements with the United States. There are about 326 federal Indian reservations or other tribal land areas, including Pueblos and Rancherias. Some tribes have non-reservation or non-trust land. A few tribes have reservations established under state law, and a few tribes today do not have any particular territory or land base recognized under either federal or state law.
Native land matters are often complicated and unique. Also, historic policies opened up portions of reservations and tribal lands to non-Indian ownership. The resulting checkerboard land ownership causes a great deal of dispute over which government – tribal or state – has jurisdiction over the non-Indians’ land as well as conduct and activities of Indians and non-members on the lands. Many of NARF’s cases and projects have addressed these disputes and other tribal land related matters including ownership, boundaries, access, and control.
NARF Cases, Projects, and Resources:
- Keystone XL Pipeline
- Protecting Bears Ears National Monument
- Akiachak Native Community, et al. v. Department of Interior, et al.
- Pueblo of Jemez v. United States
- Eastern Shoshone Tribe, Wind River Indian Reservation Boundaries
- Hualapai Tribe Fee to Trust Applications
- Alabama-Coushatta Tribe – Congressional Reference No. 3-83
- Research Guide: Water Rights and Indian Lands (National Indian Law Library website)
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Water Rights
Water is a limited resource. Often, the demand for water far exceeds the supply. Since its inception, a considerable amount of NARF’s attorney and other resources have been devoted to issues surrounding this crucial resource. NARF’s water rights work focuses on establishing and quantifying tribes’ rights to water on their reservations and lands; securing access to or sources of water for tribes; and, helping tribes to protect the quality of waters that serve them.
NARF’s major current and former water rights clients include the Pyramid Lake Paiute Tribe (Nevada); the Klamath Tribes (Oregon); the Southern Ute Tribe (Colorado); the Northern Cheyenne Tribe (Montana); the Chippewa Cree Tribe (Montana); the Fort McDowell Indian Community (Arizona); the Nez Perce Tribe (Idaho); the Tule River Tribe (California); the Kickapoo Tribe (Kansas) and the Agua Caliente Band of Cahuilla Indians (California). NARF has represented these tribes in court cases, negotiated settlements, and the development of legislation. Since 1991, NARF has co-sponsored, along with the Western States Water Council, a biennial symposium to discuss the negotiated settlement of Indian reserved water rights claims. NARF also participates at a high level in several federal and interstate water commissions, work groups, and task forces that help develop and recommend policies for water allocation, use, and sustainability.
NARF Cases, Projects, and Resources:
- Agua Caliente v. Coachella Valley Water District, et al.
- Indian Reserved Water Rights Claims Symposium
- Nez Perce Tribe Water Rights
- Kickapoo Water Rights
- Tule River Tribe: California
- The Mandan, Hidatsa and Arikara Tribes of the Fort Berthold Indian Reservation Environmental Division
- Oglala Sioux Tribe Department of Water Maintenance and Conservation
- Research Guide: Water Rights and Indian Lands (National Indian Law Library website)
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Hunting and Fishing Rights
Historically, most tribes depended to some degree on hunting and fishing for subsistence, economic, and cultural purposes. Hunting and fishing remains vital to many tribes today. Tribal rights to hunt and fish are grounded in tribal sovereignty and affirmed in many treaties and agreements. As with water, the overall demand for animals and fish today exceeds the supply. Much of the depletion or scarcity can be attributed to ill-advised federal policies that allowed the misuse and destruction of habitat. This situation puts tribal hunting and fishing rights at great risk of being taken away or diminished.
NARF has defended tribal hunting, fishing, and subsistence rights in a variety of cases. NARF was involved in the historic Pacific Northwest and western Great Lakes litigation that affirmed the off-reservation treaty fishing rights of dozens of tribes. NARF represented the Cheyenne-Arapaho Tribe in its efforts to stop Oklahoma from asserting jurisdiction over hunting and fishing by tribe members on their allotted lands. NARF was of-counsel in the U.S. Supreme Court case affirming the right of the Mescalero Apache Tribe to control hunting and fishing by non-Indians within its reservation in New Mexico. NARF represented the Muckleshoot Indian Tribe in its successful claims against the City of Auburn, Washington, and Puget Sound Energy Company for extensive historic damage to the water and habitat that supports the tribe’s fisheries. NARF often provides legal assistance, oversees complex technical assistance, and negotiates inter-governmental agreements to ensure that animal and fish habitats can be restored and maintained. NARF represents several Alaska Native tribes in the protection of their unique subsistence hunting and fishing rights.
NARF Cases, Projects, and Resources:
- Organized Village of Saxman IRA v. Towarak et al.
- Stickwan et al. v. Corporation of the Catholic Archbishop of Alaska
- State v. Demientieff
- State v. Norton
- Native Villages of Eyak, Tatitlek, Chenega, Nanwalek, and Port Graham v. Evans
- Katie John v. Norton
- Bering Sea Elders Group
- Ahtna Tene Nene’ Subsistence Committee v. Alaska Board of Game
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Environmental Protection
Many American Indian and Alaska Native tribes face an array of health and welfare risks as a result of environmental problems, such as surface and groundwater contamination, illegal dumping, hazardous waste disposal, air pollution, mining wastes, habitat destruction, and climate change. Helping tribes to protect the environment is one of NARF’s top priorities. As sovereigns, tribes can govern the environment within their territories. In addition, environmental laws such as the Clean Air Act, the Clean Water Act, and the Safe Drinking Water Act regulations allow tribes to enforce federal environmental programs.
Much of NARF’s current environmental protection work is related to climate change. NARF has represented the National Tribal Environmental Council and currently represents the National Congress of American Indians (NCAI) on climate change matters at the international level, through the United Nations Framework Convention on Climate Change. NARF and NCAI are ensuring that indigenous rights are protected in any international treaty or agreement governing greenhouse gas emissions reductions. In Alaska, where the impact of climate change is immediate and immense, NARF has represented Alaska Native tribes in court cases against energy companies for damages and has helped tribes with physical relocation to save their communities.
NARF Cases, Projects, and Resources:
- Keystone XL Pipeline
- Eastern Shoshone Tribe, Wind River Indian Reservation Boundaries
- Bering Sea Elders Group
- Global Warming Project
- Climate Change – NCAI
- Oglala Sioux Tribe Department of Water Maintenance and Conservation
- Research Guide: Environment & Climate Change (National Indian Law Library website)
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