[Congressional Record (Bound Edition), Volume 146 (2000), Part 15]
[House]
[Page 21894]
[From the U.S. Government Publishing Office, www.gpo.gov]



        ALASKA NATIVE CLAIMS SETTLEMENT ACT TECHNICAL AMENDMENTS

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4345) to amend the Alaska Native Claims Settlement Act to 
clarify the process of allotments to Alaskan Natives who are veterans, 
and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4345

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

  TITLE I--TECHNICAL AMENDMENTS TO ALASKA NATIVE CLAIMS SETTLEMENT ACT

     SEC. 101. ALASKA NATIVE VETERANS.

       Section 41 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1629g) is amended as follows:
       (1) Subsection (a)(3)(I)(4) is amended by striking ``and 
     Reindeer'' and inserting ``or''.
       (2) Subsection (a)(4)(B) is amended by striking ``; and'' 
     and inserting ``; or''.
       (3) Subsection (b)(1)(B)(i) is amended by striking ``June 
     2, 1971'' and inserting ``December 31, 1971''.
       (4) Subsection (b)(2) is amended by striking the matter 
     preceding subparagraph (A) and inserting the following:
       ``(2) The personal representative or special administrator, 
     appointed in an Alaska State court proceeding of the estate 
     of a decedent who was eligible under subsection (b)(1)(A) 
     may, for the benefit of the heirs, select an allotment if the 
     decedent was a veteran who served in South East Asia at any 
     time during the period beginning August 5, 1964, and ending 
     December 31, 1971, and during that period the decedent--''.

     SEC. 102. LEVIES ON SETTLEMENT TRUST INTERESTS.

       Section 39(c) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1629e(c)) is amended by adding at the end the 
     following new paragraph:
       ``(8) A beneficiary's interest in a settlement trust and 
     the distributions thereon shall be subject to creditor action 
     (including without limitation, levy attachment, pledge, lien, 
     judgment execution, assignment, and the insolvency and 
     bankruptcy laws) only to the extent that Settlement Common 
     Stock and the distributions thereon are subject to such 
     creditor action under section 7(h) of this Act.''.

 TITLE II--NATIONAL LEADERSHIP SYMPOSIUM FOR AMERICAN INDIAN, ALASKAN 
                   NATIVE, AND NATIVE HAWAIIAN YOUTH

     SEC. 201. ADMINISTRATION OF NATIONAL LEADERSHIP SYMPOSIUM FOR 
                   AMERICAN INDIAN, ALASKAN NATIVE, AND NATIVE 
                   HAWAIIAN YOUTH.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Education for the Washington Workshops 
     Foundation $2,200,000 for administration of a national 
     leadership symposium for American Indian, Alaskan Native, and 
     Native Hawaiian youth on the traditions and values of 
     American democracy.
       (b) Content of Symposium.--The symposium administered under 
     subsection (a) shall--
       (1) be comprised of youth seminar programs which study the 
     workings and practices of American national government in 
     Washington, DC, to be held in conjunction with the opening of 
     the Smithsonian National Museum of the American Indian; and
       (2) envision the participation and enhancement of American 
     Indian, Alaskan Native, and Native Hawaiian youth in the 
     American political process by interfacing in the first-hand 
     operations of the United States Government.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from American Samoa (Mr. 
Faleomavaega) each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4345 amends the Alaska Native Claims Settlement Act 
to clarify the process of allotments to Alaskan Natives who are 
veterans and makes a number of technical changes to the Alaskan Native 
Claims Settlement Act.
  Title I of the bill outlines the qualifying dates and requirements of 
the Alaskan Native Vietnam veterans and their executors to apply for 
their native allotments under the Native Allotment Act.
  Title II of the bill would allow American Indian or Alaska Native and 
Native Hawaii students to participate in a week-long national symposium 
on American democracy when the Smithsonian National Museum of the 
American Indians opens in 2002.
  I urge an aye vote on this important bill for Alaska.
  Mr. HANSEN. Mr. Speaker, I submit the following letter for the 
Record:

                                  U.S. Department of the Interior,


                                      Office of the Secretary,

                                 Washington, DC, October 10, 2000.

     Re: H.R. 4345 and amendments to P.L. 105-276.

     Hon. Don Young,
     Chairman, Committee on Resources, House of Representatives, 
         Washington, DC.
       Dear Mr. Chairman: On June 14, I testified before your 
     Committee concerning H.R. 4345, the Alaska Native Claims 
     Technical Amendments Act of 2000. During the hearing, I 
     promised to work with Alaska Native groups in an effort to 
     address their concerns raised at the hearing, particularly 
     over section 3 of the bill regarding Alaska Native veteran 
     allotments.
       As you know, the Department reviewed H.R. 4345 as 
     introduced and expressed its strong disagreement with most of 
     that bill. We indicated in our official statement submitted 
     to you at the hearing that if Sections 2, 3, 4, and 5 of that 
     bill were passed, we would recommend a veto to the President. 
     Section 6 was not unacceptable to us. As we discussed at the 
     hearing, and in the spirit of cooperation with your 
     Committee, I asked Marilyn Heiman, Special Assistant to the 
     Secretary for Alaska, to take the lead in meeting with Alaska 
     Native interests and discussing their concerns. Those 
     meetings have taken place. Following those meetings, and 
     further contact among the Committee, the Native groups, and 
     the Department, the Committee has proposed to us informally 
     for review a revised version of H.R. 4345. The provisions to 
     which we objected have been removed and a set of technical 
     changes to P.L. 105-276 have been added, including one change 
     which directly reflects Native interest in expanding 
     eligibility for allotment applications for heirs of deceased 
     veterans.
       The revised draft of H.R. 4345 contains two titles: Title I 
     pertains to Alaska Native Veteran allotments, as well as 
     levies on settlement trust interests (formerly section 6 of 
     the original bill), and Title II contains wholly new 
     provisions authorizing $2,200,000 to the Washington Workshops 
     Foundation for administration of a national leadership 
     symposium for Native American and Eskimo youth.
       The Department does not object to the revised bill.


                                Title I

       We had mentioned earlier in testimony that there are 
     technical corrections which should be made to the language of 
     the Vietnam Veteran Allotment legislation passed in 1998 in 
     section 432 of P.L. 105-276, in order to correct three 
     technical gaps and problems with that section. The new bill 
     makes those corrections in section 101.
       1. It amends Section 41(a)(3)(1)(4) concerning lands 
     selected or claimed and unavailable for conveyance, to delete 
     the words ``and Reindeer'' and insert the word ``or''. This 
     language clarifies the intent of the provision to make 
     unavailable for selection headquarters sites for various 
     activities including reindeer herding. There are a number of 
     different activities that can support a headquarters site 
     unrelated to reindeer herding which would be unavailable for 
     conveyance. The original wording was in error and could 
     result in a taking which must be avoided.
       2. It amends section 41(a)(4)(B), concerning categories of 
     land available for selection, to delete after the semicolon 
     the word ``and'' and insert the word ``or''. The current 
     wording will cause difficulty in implementation. Three 
     categories of land are listed, but the use of the word 
     ``and'' requires that an individual apply for land that meets 
     the criteria of all three categories. That is impossible 
     because land cannot be simultaneously reserved and 
     unreserved.
       3. It amends section (41)(b)(1)(B)(i), pertaining to 
     ``Eligible Person,'' to change the date ``June 2, 1971'' to 
     ``December 31, 1971.'' The current wording causes veterans 
     who began their service after December 3, 1970 and before 
     June 2, 1971 to be ineligible, even though they may have 
     served more than six months between 1969 and 1971.
       4. Section 101 of the bill also amends section 41(b)(2), 
     concerning eligible heirs of decedents, with two changes to 
     obtain greater facility in administration and to broaden the 
     eligibility of veterans' heirs who would benefit.
       First, the bill contains critical language to make clear 
     that the personal representative of an estate will be 
     appointed by a judge of probates in a State Court of Alaska. 
     The State Court judges advise us that they can perform this 
     function quickly and at relatively low cost. This Department 
     does not have the personnel or the procedures to resolve 
     problems amongst heirs concerning who will be the personal 
     representative and which tracts of land will be chosen for 
     the allotment application. By letting the State probate 
     courts resolve the choice of personal representative, a task 
     which is performed every day, we can expedite the processing 
     of the allotment application by heirs without BLM being 
     flooded with separate applications by each heir claiming a 
     different location.
       Second, for the group of veterans who died as a direct 
     result of the war, (killed in action, wounded in action and 
     subsequently died as a result of those wounds, or died while 
     a prisoner of war) the bill broadens the time for eligibility 
     of heirs of such deceased veterans to include those who died 
     from August 5, 1964 to December 31, 1971. All of these 
     veterans could be considered to have missed their opportunity 
     to file an allotment application by virtue of their military 
     service. We believe it is important to keep eligibility 
     limited to deaths caused by war, because otherwise there is 
     no basis for distinction between Native veterans who lost 
     their opportunity due to service and other Natives who served 
     or who are not veterans.
       The Department can accept these changes. However, this is 
     the full extent of changes to P.L. 105-276 that we can 
     accept. We are opposed to further changes or expansion of the 
     law, which we believe fully and fairly addresses the problem 
     of lost opportunity due to military service for Alaska Native 
     veterans of the Vietnam war to apply for allotments. We have 
     just issued regulations to implement the original law. 
     Unfair, unacceptable restrictions regulations are not the 
     same as original Native allottees of Native applicants to 
     1971. Need hearing on their unfair regulations for Vietnam 
     Veterans. The above changes can be reasonably accommodated, 
     and the program should now move forward unimpeded by further 
     revisions to the program and the regulations.
       The former section 6 of the bill becomes section 102. This 
     section, unrelated to the other provisions of the bill, 
     amends section 39(c) of ANCSA (43 U.S.C. 1629e(c)) to add a 
     new paragraph on Levies on Settlement Trust Interests, 
     placing limits on such actions against interests of 
     shareholders. While we do not object to this section, we 
     raised with the proponents of the section a clerical error in 
     its original draft and the need for a further expansion of 
     the language for protected interests in settlement trusts. 
     The new paragraph corrects the erroneous cross reference 
     contained in the current language of the section and adds the 
     words ``levy, attachment,'' to make clearer the types of 
     creditor actions being limited.


                                title ii

       Title II provides for a National Leadership Symposium for 
     American Indian, Alaska Native, and Native Hawaiian youth to 
     be comprised of youth seminar programs which study the 
     workings and practice of American national government in 
     Washington, D.C. We encourage the development of such a 
     program. However, the bill as written is not clear as to the 
     source of funds, the Federal agency designated to receive the 
     funds, the basis for the amount for the project or the choice 
     of organizations to lead it. Nor is it clear who, if anyone, 
     on behalf of the Federal government would provide any 
     financial oversight or program guidance for the program. We 
     recommend that these issues be clarified.
       The Office of Management and Budget advises that there is 
     no objection to the presentation of this report from the 
     standpoint of the Administration's program.
           Sincerely,
                                                       John Berry,
                                              Assistant Secretary.

  Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in strong support of H.R. 4345, this proposed 
piece of legislation sponsored by the gentleman from Alaska (Mr. 
Young), my good friend and the chairman of the House Committee on 
Resources.
  As introduced, H.R. 4345 contains a number of controversial 
provisions which were objectionable to the administration originally. 
However, I am pleased to say that the bill before us now has been 
significantly amended and is no longer opposed by the Department of the 
Interior.
  Mr. Speaker, the most notable provision of this bill concerns the 
Native Alaskan veterans who served in the Vietnam conflict. This 
legislation is intended to benefit the families of Native Alaskans who 
served in Southeast Asia between 1964 and 1971 and who died as a direct 
result of their military service.
  Under this bill, the descendants of these Native Alaskan veterans 
would be allowed a new opportunity to file under the Allotment Act of 
1906 for up to 160 acres of parcels of land which the family 
traditionally used and occupied.
  The Allotment Act of 1906 was repealed by the Alaska Native Claims 
Act in 1917, which was intended to resolve the Native land claims 
against the United States. That historic act conveyed over 40 million 
acres of land and approximately $1 billion dollars in compensation to 
be managed by over 200 Native Alaskan corporations, representing the 
villages and regions of the State of Alaska.
  It is fair to say, Mr. Speaker, that the minority on the Committee on 
Resources on this side has not always shared the enthusiasm of our 
chairman for reopening the land claims and making significant 
amendments to the 1971 Alaska Native Claims Settlement Act. We tend to 
give greater emphasis to the word ``settlement'' in that act.
  However, Mr. Speaker, in this instance, the allotment act language 
reflects a compromise struck after negotiations between the Department 
of the Interior and the Alaskan Federation of Natives.
  A rider on the fiscal year 1999 VA-HUD appropriations bill reopened 
applications for Native veterans who served in the 3-year period prior 
to the repeal of the allotment act in 1971. Since the Department of the 
Interior has already opened that door, extending the same opportunity 
to the families of Native veterans who were killed in action is a 
matter of understandable equity. It is troublesome, however, that the 
Department cannot tell us how many new applications would be generated 
by this bill, nor can they give us any clear notion of the potential 
impacts on public land in Alaska.
  However, by allowing this bill to proceed, it is our intent that this 
action is final and that there will be no further extensions of land 
claims under an act that was passed by Congress at the turn of the 
century and repealed 3 decades ago. It is my understanding that the 
Department of the Interior shares this view as well.
  In summary, Mr. Speaker, let me take what may be one of our last 
opportunities in this Congress to give credit to the gentleman from 
Alaska (Mr. Young), the chairman of our House Committee on Resources, 
who has served as chairman of the committee for the past 6 years. The 
chairman is a forceful advocate for his Alaska Native constituents, and 
it is due to his commitment that this bill is before us today.
  Mr. Speaker, I want to commend the gentleman from Alaska, chairman of 
the committee, for his leadership and also his willingness to assist 
with issues affecting our insular areas. And above all, Mr. Speaker, 
this Member appreciates very much the genuine friendship of the 
gentleman from Alaska (Chairman Young) with those of us who represent 
the territories.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I have no additional speakers, so I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Hansen) that the House suspend the rules and 
pass the bill, H.R. 4345, as amended.
  The question was taken.
  Mr. FALEOMAVAEGA. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________