[Congressional Record (Bound Edition), Volume 151 (2005), Part 1]
[Extensions of Remarks]
[Pages 1436-1438]
[From the U.S. Government Publishing Office, www.gpo.gov]




          NATIVE AMERICAN VETERANS BURIAL FAIRNESS ACT OF 2005

                                 ______
                                 

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                      Wednesday, February 2, 2005

  Mr. UDALL of New Mexico. Mr. Speaker, I rise today to introduce the 
Native American Veterans Cemetery Act of 2005. I first introduced this 
bill in the 108th Congress, and I am optimistic about its prospects 
during the 109th Congress.
  The Native American Veterans Cemetery Act makes all Native American 
tribes eligible to apply for state cemetery grants. Under current law, 
only states are eligible for these grants. The bill would not give 
preference or special exceptions to Native American tribes that apply 
for the state cemetery grants. It would simply put tribes on equal 
footing with state governments--consistent with tribal sovereignty--by 
allowing them to apply for grants to establish, expand or improve 
tribal veterans cemeteries. Moreover, if a Native American tribe were 
awarded a state cemetery grant, the cemetery would be open to all 
veterans.
  Historically, Native Americans have the highest record of service per 
capita of any ethnic group. New Mexico is home to almost 9,800 Native 
American Veterans, making it one of the top five states in the country 
with regard to its Native American veteran population. I believe it is 
time that Native American veterans who have served our country so 
honorably are allowed to pursue a decent, dignified resting place on 
their tribal lands.
  Last year, Secretary of Veterans Affairs Anthony Principi stated in 
writing that he strongly supported this bill's enactment, and because 
it does not extend any special exceptions or benefits to Native 
American tribes that apply for state cemetery grants, this bill is 
budget neutral. The bill is also supported by the Navajo Nation, the 
largest federally recognized tribe, as well as National American Indian 
Veterans, Inc (NAIV). In addition to a resolution adopted by the Navajo 
Nation Council, the New Mexico and Arizona state legislatures have both 
passed memorials urging Congress to adopt this measure. I have included 
with this statement support letters from the VA, Navajo Nation, and 
NAIV.
  I would like to thank my colleague Representative Tom Cole of 
Oklahoma for his strong and early support of this bill, as well as the 
other 24 original cosponsors. I look forward to working with all of my 
colleagues to move this bill during the 109th Congress.

                            The Secretary of Veterans Affairs,

                                        Washington, July 29, 2004.
     Hon. Tom Udall,
     Member, Committee on Veterans' Affairs, House of 
         Representatives, Washington, DC.
       Dear Mr. Udall: We are pleased to present our views on H.R. 
     2983, 108th Congress, a bill, ``[t]o amend title 38, United 
     States Code, to provide for eligibility of Indian tribal 
     organizations for grants for the establishment of veterans 
     cemeteries on trust lands.'' This bill would authorize the 
     Secretary of Veterans Affairs to make grants to tribal 
     organizations to assist them in establishing, expanding, or 
     improving veterans' cemeteries in the same manner and under 
     the same conditions as grants to states are made under 38 
     U.S.C. 2408.
       The cemetery-grants program has proven to be an effective 
     way of making the option of veterans-cemetery burials 
     available in locations not conveniently served by our 
     national cemeteries. H.R. 2983 would create another means of 
     accommodating the burial needs of Native American veterans 
     who wish to be buried in tribal lands, and we strongly 
     support its enactment.
       While we are unsure of the number of grant applications 
     that may be prompted by the bill's enactment, we do not 
     assume its passage would result in the appropriation of 
     additional funds for the cemetery-grants program. Hence, we 
     estimate its enactment would be budget neutral.
       The Office of Management and Budget has advised that there 
     is no objection to the submission of this report from the 
     standpoint of the Administration's program.
           Sincerely yours,
                                              Anthony J. Principi.
                                  ____
                                  
                                          National American Indian


                                               Veterans, Inc.,

                                    Mitchell, SD, October 7, 2004.
       Dear Congressional Representative: The National American 
     Indian Veterans, Inc. is writing to respectfully request your 
     support of H.R. 2983, the Native American Veterans Cemetery 
     Act of 2003 (Act). The Act will authorize the Secretary of 
     Veterans Affairs to make grants available to tribal 
     organizations for establishing, expanding, or improving 
     Veterans cemeteries on trust land owned by, or held in trust 
     for tribal organizations. The Act has been referred to the 
     U.S. House of Representatives Committee on

[[Page 1437]]

     Veterans Affairs, Sub-Committee on Benefits.
       Today, American Indian Veterans cemeteries in Indian 
     Country are either non-existent or are filled to capacity. As 
     a result, our deceased brothers and sisters in arms are 
     either laid to rest in State Veterans Cemeteries far from 
     their homelands and families, or in cemeteries without the 
     identifying honor of distinguished service in defense of our 
     great nation.
       During his second inaugural address, President Abraham 
     Lincoln spoke to the mission of the U.S. Department of 
     Veterans Affairs to ``care for him who shall have borne the 
     battle and his widow and orphan.'' On a population per capita 
     basis, no one has borne the battle more than the American 
     Indian Veteran and their widows and orphans. American Indian 
     Veterans have served in the defense of the United States in 
     all its military conflicts throughout the 20th and 21st 
     Century.
       Your support of H.R. 2983, the Native American Veterans 
     Cemetery Act of 2003, will honor American Indian Veterans by 
     establishing Veterans Cemeteries in Indian Country.
     Donald E. Loudner,
       National Commander.
     Anderson Morgan,
       Junior Vice Chairman.
     Cassandra Morgan,
       Treasurer.
     Michael Pavatea,
       Senior Vice Commander.
     Joey Strickland,
       Chief of Staff.
     Bryce In The Woods,
       Secretary.
                                  ____


 Resolution of the Intergovernmental Relations Committee of the Navajo 
                             Nation Council


 approving and supporting the native american veterans cemetery act of 
  2003 (h.r. 2983) introduced by u.s. representative tom udall of new 
 mexico that the bill will make all tribes eligible to apply for state 
   cemetery grants from the u.s. department of veterans affairs (va)

       Whereas:
       1. Pursuant to 2 N.N.C. Sec. Sec. 821 and 824(B)(5), the 
     Intergovernmental Relations Committee is hereby established 
     as a standing committee of the Navajo Nation Council and is 
     to coordinate with all committees, chapters, branches and 
     entities concerned with all Navajo appearances and testimony 
     before Congressional committees, departments of the United 
     States government, state legislatures and departments and 
     county and local governments; and
       2. Pursuant to 2 N.N.C. Sec. Sec. 601 and 604(B)(1), (3) 
     and (5), the Human Services Committee is established and 
     continued as a standing committee of the Navajo Nation 
     Council, and is empowered to promulgate regulations for the 
     enforcement and implementation of the labor laws and policies 
     of the Navajo Nation and laws relating to veterans services; 
     to recommend legislation regarding employment, training, and 
     veterans services; and to serve as the oversight authority 
     for the Division of Human Resources, including the Department 
     of Navajo Veterans Affairs (DNVA); and
       3. The DNVA under the Division of Human Resources was 
     established to foster the interests of Navajo veterans by 
     advocating and providing administration oversight and 
     coordination of veterans programs and services of federal, 
     state and tribal governments and private agencies; and
       4. Pursuant to Resolution GSCMY-40-03 of the Government 
     Services Committee of the Navajo Nation Council, one of the 
     purposes of the DNVA under the Division of Human Resources is 
     to seek out and identify additional funding sources and make 
     recommendations for the Implementation, expansion and 
     improvement of existing programs of the divisions and offices 
     of the Navajo Nation to ensure that Navajo veterans receive 
     the benefits and services they are entitled to; and
       5. Although the federal State Cemetery Grants Program 
     (SCGP) exists pursuant to 38 U.S.C. Section 2408 since 1978 
     for the benefit of all U.S Armed Forces service members and 
     veterans. Indian Tribes of the U.S. are ineligible to apply 
     for program funding to establish, expand or improve a 
     veterans cemetery on their reservations because eligibility 
     requirements are limited to states only; and
       6. The states of Arizona and New Mexico have passed 
     legislations in support of an amendment to the law to allow 
     Indian tribes' participation in the SCGP with funding to 
     establish, expand or improve cemeteries on the reservation. 
     The DNVA is planning to establish a new veterans cemetery to 
     replace the old and full to capacity Ft. Defiance Veterans 
     Cemetery within the four sacred mountains of the Navajo 
     Nation to afford burial of Native American and non-native 
     veterans and their eligible spouses and dependent children; 
     and
       7. By Resolution HSCN-39-03, the Human Services Committee 
     of the Navajo Nation Council recommended the 
     Intergovernmental Relations Committee of the Navajo Nation 
     Council to approve and support the Native American Veterans 
     Cemetery Act of 2003 (H.R. 2983) introduced by U.S. 
     Representative Tom Udall of New Mexico, that the bill will 
     make all tribes eligible to apply for State Cemetery Grants 
     from the U.S. Department of Veterans Affairs (VA); and
       8. By Resolution CJ-5-40, the Navajo Nation Council 
     resolved that the Navajo People stood ready to aid and defend 
     the United States Government and its institutions against all 
     subversive and armed conflicts and pledged loyalty to the 
     system which recognized minority rights and a way of life; 
     and
       9. Navajo veterans, since their return from various wars, 
     continue to live in substandard and unsanitary living 
     conditions and continue to face many problems from 
     unemployment to health problems, mentally and physically, and 
     as Native American veterans they have borne the scars of many 
     battles at a proportionally higher cost than any other ethnic 
     group; and
       10. It is in the best interest of all Navajo veterans, and 
     their spouses and dependent children, the need and benefit 
     for final resting place be established within the four sacred 
     mountains of the Navajo Nation.
       Now Therefore Be It Resolved That:
       1. The Intergovernmental Relations Committee of the Navajo 
     Nation Council hereby approves and supports the Native 
     American Veterans Cemetery Act of 2003 (H.R. 2983), attached 
     hereto as Exhibit ``A'', introduced by U.S. Representative 
     Tom Udall of New Mexico, that the bill make all tribes 
     eligible to apply for State Cemetery Grants from the U.S. 
     Department of Veterans Affairs (VA).
       2. The Intergovernmental Relations Committee of the Navajo 
     Nation Council requests the assistance of the Navajo Nation 
     Washington Office in the tracking of the legislation and 
     notify appropriate Navajo Nation committees regarding 
     committee hearings on this legislation.
       3. The Intergovernmental Relations Committee of the Navajo 
     Nation Council further recommends that the Office of the 
     President/Vice President of the Navajo Nation and the full 
     Navajo Nation Council support and authorize this effort and 
     initiative on behalf of the Navajo Nation veterans.
       4. The Intergovernmental Relations Committee of the Navajo 
     Nation Council furthermore urges all Indian nations of states 
     to effect the purpose of the Act beneficial at most for 
     Native American service members and veterans and their 
     spouses and dependent children.


                             CERTIFICATION

       I hereby certify that the foregoing resolution was duly 
     considered by the Intergovernmental Relations Committee of 
     the Navajo Nation Council at a duly called meeting at Window 
     Rock, Navajo Nation (Arizona), at which a quorum was present 
     and that same was passed by a vote of 8 in favor, 0 opposed, 
     and 0 abstained, this 17th day of November. 2003.

                                           Lawrence T. Morgan,

                                    Chairperson, Intergovernmental
     Relations Committee.
                                  ____


Resolution of the Human Services Committee of the Navajo Nation Council


 Recommending the intergovernmental Relations Committee of the Navajo 
  Nation Council to Approve and Support the Native American Veterans 
Cemetery Act of 2003 (H.R. 2983) Introduced by U.S. Representative Tom 
  Udall of New Mexico that the Bill will Make All Tribes Eligible to 
 Apply for State Cemetery Grants from the U.S. Department of Veterans 
                              Affairs (VA)

       Whereas:
       1. Pursuant to 2 N.N.C. Sec. Sec. 601 and 604(B) (1), (3), 
     and (5), the Human Services Committee is established and 
     continued as a standing committee of the Navajo Nation 
     Council and is empowered to promulgate regulations for the 
     enforcement and implementation of the labor laws and policies 
     of the Navajo Nation and laws relating to veterans services; 
     to recommend legislation regarding employment, training, and 
     veterans services; and to serve as the oversight authority 
     for the Division of Human Resources, including the Department 
     of Navajo Veterans Affairs (DNVA); and
       2. The DNVA under the Division of Human Resources was 
     established to foster the interests of Navajo veterans by 
     advocating and providing administration oversight and 
     coordination of veterans programs and services of federal, 
     state and tribal governments and private agencies; and
       3. Pursuant to Resolution GSCMY-40-03 of the Government 
     Services Committee of the Navajo Nation Council, one of the 
     purposes of the DNVA is to seek out and identify additional 
     funding sources and make recommendations for the 
     implementation, expansion and improvement of existing 
     programs of the divisions and offices of the Navajo Nation to 
     ensure that Navajo veterans receive the benefits and services 
     they are entitled to; and
       4. Although the federal State Cemetery Grants Program 
     (SCGP) exists pursuant to 38 U.S.C. Section 2408 since 1978 
     for the benefit of all U.S. Armed Forces service members and 
     veterans, Indian Tribes of the U.S. are ineligible to apply 
     for program funding to establish, expand or improve a 
     veterans cemetery on their reservations because eligibility 
     requirements are limited to states only; and
       5. The legislators of Arizona and New Mexico in year 2003 
     sessions have passed legislations in support of an amendment 
     to the law

[[Page 1438]]

     to allow Indian tribes' participation in the SCGP with 
     funding to establish, expand or improve cemetery on the 
     reservations. The DNVA is planning to establish a new 
     veterans cemetery, to replace the old and full to capacity 
     Ft. Defiance Veterans Cemetery, within the four sacred 
     mountains of the Navajo Nation to afford burial of Native 
     American and non-native veterans, and their eligible spouses 
     and dependent children; and
       6. By Resolution CJ-5-40, the Navajo Nation Council 
     resolved that the Navajo People stood ready to aid and defend 
     the United States Government and its institutions against all 
     subversive and armed conflicts and pledged loyalty to the 
     system which recognized minority rights and a way of life. 
     This commitment continues to be exercised in all branches of 
     service and involved at higher ratio than any ethnic group 
     population; and
       7. It is in the best interest of all Navajo veterans and 
     their spouses and dependent children the need and benefit for 
     final resting place be established within the four sacred 
     mountains of the Navajo Nation.
       Now, Therefore, Be It Resolved That:
       1. The Human Services Committee of the Navajo Nation 
     Council hereby recommends the Intergovernmental Relations 
     Committee of the Navajo Nation Council to approve and support 
     the Native American Veterans Cemetery Act of 2003 (H.R. 2983) 
     introduced by U.S. Representative Tom Udall of New Mexico 
     that the bill will make all tribes eligible to apply for 
     State Cemetery Grants from the U.S. Department of Veterans 
     Affairs (VA). This legislation is attached hereto as Exhibit 
     ``A''.
       2. The Human Services Committee of the Navajo Nation 
     Council requests the Navajo Nation Washington office to 
     assist by monitoring the progress of the legislation and 
     inform Department of Navajo Veterans Affairs and Human 
     Services Committee for appearances before congressional 
     committees and testimonies.
       3. The Human Services Committee of the Navajo Nation 
     Council further recommends that the Office of the President/
     Vice President of the Navajo Nation and the full Navajo 
     Nation Council support and authorize this effort and 
     initiative on behalf of the Navajo Nation veterans and 
     families.


                             certification

       I hereby certify that the foregoing resolution was duly 
     considered by the Human Services Committee of the Navajo 
     Nation Council at a duly called meeting at Window Rock, 
     Navajo Nation (Arizona), at which a quorum was present and 
     that same was passed by a vote of 4 in favor, 0 opposed and 0 
     abstained, this 14th day of November, 2003.
                                                   Larry Anderson,
     Chairperson, Human Services Committee.

                          ____________________