[Congressional Record Volume 143, Number 155 (Friday, November 7, 1997)]
[Extensions of Remarks]
[Pages E2220-E2221]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       HONORING THE SERVICE OF ALASKA VIETNAM ERA NATIVE VETERANS

                                 ______
                                 

                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                        Friday, November 7, 1997

  Mr. YOUNG of Alaska. Mr. Speaker, I am pleased to introduce 
legislation on behalf of numerous Alaska Native veterans who answered 
the call of their country to serve, fight,

[[Page E2221]]

and preserve the rights of all citizens of the United States during the 
Vietnam war. Many of these same Alaska Native veterans continue to 
serve their country by becoming involved in their communities, and in 
local and State government. Others continue to serve their country by 
their enlistment in the Alaska National Guard, a reserve component of 
the Army.
  Alaska Natives, who were in service to their country during the 
Vietnam war, missed their opportunity to apply for a Native allotment 
under the Native Allotment Act. Many were in war zones and others had 
not received their application from the Bureau of Indian Affairs [BIA]. 
It is my firm belief that our Alaska Native Vietnam veterans merit the 
same rights as other Alaska Natives under this act. It is morally wrong 
of our country, of which our Alaska Native veterans are first class 
citizens, to deny them the basic right afforded to other Alaska Native 
citizens under this act. This legislation will correct this inequity 
and give them the opportunity to apply for their allotment under the 
Native Allotment Act.
  I think it is appropriate that I offer this legislation prior to our 
national observance of Veterans Day, November 11, 1997. My legislation 
respectivefully requests of this administration not to tarnish the 
service of our Alaska Vietnam era Native veterans and to grant them the 
same rights to apply for their Native allotment.
  Another provision in this bill would restore land to the Elim Native 
Corp. By Executive Order 2508, January 3, 1917, President Woodrow 
Wilson set aside the Norton Bay Reservation ``for use of the United 
States Bureau of Education and the natives of indigenous Alaskan 
race'', including adjacent islands within 3 miles of the coast. This 
area contained 350,000 acres.
  In 1919, Congress mandated that the withdrawal of public lands for 
use as Indian reservations could only be made by an act of Congress (43 
U.S.C. 150, 41 Stat. 34). Congress in 1927 declared that no changes 
could be made in the boundaries of Executive Order reservations for the 
use of Indians except by an act of Congress (25 U.S.C. 398d, 44 Stat. 
1347). The 1927 act is applicable to Alaska (70 I.D. 166 (1963)). After 
the 1927 act, President Herbert Hoover issued Executive Order 5207 
which revoked approximately 50,000 acres of land from the Norton Bay 
Reservation for use of homesteading by ex-servicemen of World War I. No 
ex-servicemen applied for any land within the old Norton Bay 
Reservation.
  When I brought this issue before the 102d Congress, the Secretary of 
Interior agreed that Elim was entitled to the 50,000 acres. See April 
21, 1992, letter from deputy Assistant Secretary for Land and Minerals 
Management to Chairman Miller. The administration is ignoring the fact 
that only Congress can revoke reservation lands. Therefore, it is my 
lawful belief that Elim Native Corp. is entitled to the 50,000 acres 
and that the administration should disregard Executive Order 5207 
issued by President Hoover and restore the 50,000-acre Elim 
entitlement.

                                  U.S. Department of the Interior,


                                       Office of the Secetary,

                                   Washington, DC, April 21, 1992.
     Hon. George Miller,
     Chairman, Committee on Interior and Insular Affairs, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: This responds to your request for the 
     Department of the Interior's (the Department's) views on 
     eight proposed amendments to H.R. 3157, the ``Alaska Land 
     Status Technical Corrections Act of 1991,'' a bill which 
     would amend the Alaska Native Claims Settlement Act (ANCSA).
       On February 24, 1991, the Department submitted written 
     testimony on H.R. 3157, as introduced. The issues raised in 
     our testimony still are of concern to the Department. This 
     letter sets forth only the Department's concerns with the 
     eight proposed amendments. The proposed amendments will be 
     discussed in the same order and have been given the same 
     headings as those submitted with your letter requesting our 
     views.


      ratification of land transfers to caswell and montana creek

       This proposed amendment involves the Cook Inlet Region, 
     Inc. (CIRI) and the Caswell and Montana Creek Native Groups, 
     all of whom entered into a settlement agreement in 1982. 
     Pursuant to the settlement, CIRI conveyed approximately 
     11,000 acres to each group with the understanding that the 
     conveyances satisfied their entitlements under section 12(b) 
     of ANCSA. The Department was not a party to the settlement 
     agreement. The purpose of the proposed amendment is to ratify 
     the transfers and satisfy the Department's ANCSA land 
     transfer obligations to the two groups and CIRI.
       The conveyances to Caswell and Montana Creek were made by 
     CIRI from lands received from the State of Alaska under 
     Paragraph II and Appendix C, Part 1.A. (Kashwitna Pool) of 
     the Terms and Conditions for Land Consolidation and 
     Management in the Cook Inlet Area (ratified by Section 12(b) 
     of the Act of January 2, 1976, 43 U.S.C. 1611 n.).
       Conveyances from Appendix C are debited from CIRI's 
     entitlement under Section 12(c) of the ANCSA. The Terms and 
     Conditions provided for methods of satisfying entitlements 
     that are somewhat different from the normal procedures, i.e., 
     ordinarily, the United States conveys land directly to groups 
     but, by virtue of special legislation affecting CIRI, land is 
     conveyed to the regional corporation and it then reconveys to 
     village corporations and groups. In order to avoid a double 
     charge for the Caswell/Montana Creek group entitlements, we 
     recommend the following language by adding at the end of the 
     proposed amendment: ``The ratification of the conveyances 
     made by CIRI in this section shall not be a basis for or 
     generate a claim by CIRI, or either of the groups named 
     herein, for additional conveyances of land or money or any 
     other thing of value against either the State of Alaska or 
     the United States.''


                elim native corporation land conveyance

       Under this proposed amendment, 50,000 acres of land would 
     be withdrawn, subject to valid existing rights, for selection 
     by the Elim Native Corporation. These lands were excluded in 
     1929 by Executive Order from the original Elim reserve. Elim 
     was one of five native corporations that elected to take 
     lands set aside in reserve for the benefit of Natives instead 
     of participating in the ANCSA land selection process. 
     Pursuant to its election, Elim received patent to 297,982 
     acres on September 14, 1979--the lands that were included in 
     the Elim reserve on the date of entitlement under the ANCSA. 
     Elim did not appeal the decision to convey and accepted the 
     patent.
       We suggest that proposed amendment tie authority for 
     conveyance of additional acreage to some existing 
     entitlement. Moreover, the proposed amendment presents a 
     problem in that about 11,440 acres of the described lands 
     proposed for conveyance to Elim have been validly selected by 
     the Native village of Koyuk. This would leave only 38,560 
     acres for Elim instead of the 50,000 they desire. If the 
     proposed amendment is included in H.R. 3157, it should 
     include clear Congressional intent and guidance as to which 
     entity will receive the 11,440 acres, and a proviso that the 
     conveyance is in full satisfaction of Elim's entitlement 
     under Section 19(b) of the ANCSA.

                           *   *   *   *   *

       The Office of Management and Budget has advised that there 
     is no objection to the presentation of this report from the 
     standpoint of the Administration's program.
           Sincerely,

                                               Richard Roldan,

                                       Deputy Assistant Secretary,
                                     Land and Minerals Management.