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50 NARF Legal Rev. 1 (2025)

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NARFS WORK IN ALASKA OVER THE YEARS


The  Native American  Rights Fund has provided  legal
assistance to Tribes in Alaska since NARF's founding
in the early 1970s. In 1984, NARF  opened  an Alaska
office so it could better serve Alaska Native Tribes and
individuals. In the 40 years since NARF Alaska opened
its doors, the office has litigated some of the most
influential cases in the development of federal Indian
law in Alaska. Below is an overview of the foundational
work that NARF  has done with and on behalf of Alaska
Native Tribal governments and people.

NARF's   Early Work  in Alaska
Since the early 1970s, NARF has helped Alaska Native
people  and  Tribes protect  their rights and  assert
their sovereignty. Our earliest work in Alaska began
in 1972  with assisting an Alaska Native organization
and Alaska  Native villages with the establishment and
defense of the North Slope Borough  (Mobil Oil v. Local
Boundary Commission; Edwardsen v. Morton). Through the
establishment of a borough, communities in the region
could then tax oil and gas infrastructure as exploration
and production began.

In the mid-1970s,  NARF   also assisted with Hootch v.
Alaska-a  landmark  case that challenged the lack of
secondary schools in most rural Alaska Native villages
and led to the establishment of high schools in many
rural communities across the state. NARF also helped
with some of the first Self-Determination 638 contracts
in Alaska  and represented an  Alaska Native  herder
in a challenge to federal taxation of income from the


operation of a reindeer herd held in trust for Alaska
Native herders (Karmun v. Commissioner).

Recognition,  Tribal Status, and Tribal Rights
Alaska gained statehood in 1959, and  in the decades
following, the state asserted that no Tribes existed in
Alaska. In a broad range of cases, NARF   Alaska has
helped Tribes assert their sovereignty and fight back
against efforts by the state to undermine those rights.
NARF's   work  on  these  issues have addressed  the
existence of Tribes in the state (Native Village of Noatak
v. Blatchford), the ability of Tribal governments to receive
revenue-sharing payments  (Native Village of Akiachak
v. Nottz), and that core principles of federal Indian law
apply to Alaska Native villages (Alaska v. Native Village
of Venetie).

In several different instances, NARF Alaska has helped
Tribes assert and  defend  their sovereign immunity.
NARF   represented the Ivanof  Bay Village in a case
that affirmed Tribal sovereignty immunity (McCrary v.
Ivanof Bay  Village). And NARF   recently represented
several Tribes and Tribal Consortia as amici in Ito v.
Copper River Native Association, which affirmed that Tribal
consortiums possess sovereignty immunity-overturning
its longstanding precedent that held otherwise.

Indian Country,  Taxation, and  Trust Lands
In 1971, Congress  enacted the Alaska Native  Claims
Settlement Act  (ANCSA),   which  terminated all but
one  reservation in Alaska and transferred millions of
acres of land to newly formed for-profit Alaska Native
Corporations. In the wake of ANCSA, NARF  has helped
Tribes navigate the  complex  issues involving Tribal
jurisdiction over lands. For example, NARF helped
Tribes assert immunity from  municipal taxes (Cigy of
Nome  v. Nome Eskimo Communip), navigate the effects of