[Congressional Record (Bound Edition), Volume 153 (2007), Part 16]
[Extensions of Remarks]
[Page 22956]
[From the U.S. Government Publishing Office, www.gpo.gov]




  INTRODUCTION OF THE ALASKA NATIVE CLAIMS SETTLEMENT ACT TO PROVIDE 
         EQUITABLE TREATMENT OF ALASKA NATIVE VIETNAM VETERANS

                                 ______
                                 

                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                        Thursday, August 2, 2007

  Mr. YOUNG of Alaska. Madam Speaker, I am pleased to introduce 
legislation today to correct an inequity for my Alaska Native Vietnam 
Veterans with regard to their native allotment issues.
  Approximately 2,800 Alaska Natives served in the military during the 
Vietnam conflict and therefore did not have an opportunity to apply for 
their Native allotment. In 1998, P.L. 105-276 amended the Alaska Native 
Claims Settlement Act (ANCSA) to provide Alaska Native Vietnam veterans 
an opportunity to obtain an allotment of up to 160 acres of land under 
the Native Allotment Act.
  P.L. 105-276 contains three major obstacles that prevent Alaska 
Native Vietnam veterans from selecting and obtaining their Native 
allotment. First, Alaska Native Vietnam veterans can only apply for 
land that was vacant, unappropriated, and unreserved when their use 
first began. Second, Alaska Native Vietnam veterans can only apply if 
they served in active military duty from January 1, 1969 to December 
31, 1971 (even though the Vietnam conflict began August 5, 1964 and 
ended May 7, 1975). Third, Alaska Native Vietnam veterans must prove 
they used the land (applied for in their native allotment application) 
in a substantially continuous and independent manner, at least 
potentially exclusive of others, for five or more years. This 
requirement was not in the original Native Allotment Act, nor has it 
been required of other Alaska Native applicants in applying for their 
native allotment. Further, adjudication of use and occupancy issues 
will take years and will be very costly.
  My bill will increase the available land by authorizing Alaska Native 
Vietnam veterans to apply for land that is federally owned and vacant. 
The lack of available land under existing law nullifies the very 
purpose of granting Alaska Native Vietnam veterans an allotment 
benefit. This is true because most land in Alaska is not available for 
Alaska Native Vietnam veteran allotment applications under existing 
laws. For example, there is no land available in southeast Alaska 
because it either is within the Tongass National Forest or has been 
selected or conveyed to the State of Alaska or ANCSA Native 
Corporations.
  My bill will also expand the military service dates to coincide with 
the entire Vietnam conflict: August 5, 1964 through May 7, 1975. The 
expansion of military service dates to include all Alaska Natives who 
served in the military during the Vietnam conflict is consistent with 
the federal government's policy of providing benefits to veterans of 
the Vietnam War. The federal government has given public land benefits 
to veterans (or their widows or heirs) of every war beginning with the 
Indian Wars of 1790 and ending with the Korean conflict in 1955. 
Incidentally, Alaska Native veterans were not eligible for these public 
land benefits until 1924 because the courts had determined Alaska 
Natives were not United States citizens.
  My bill would extend the deadline of the allotment application to 
three years after the Secretary of the Interior issues final 
regulations under Section 3 of this bill. It also would correct the 
dates of Approval of Allotments to accommodate the extension of the 
application process of an Alaska Native Vietnam veteran.
  My bill would also assure ANCSA Regional and Village Corporations 
that if an Alaska Native Vietnam veteran makes his or her allotment 
selection within lands selected (and not necessarily conveyed) by those 
Corporations said Corporation's lands entitlement will remain intact.
  My bill would prohibit an Alaska Native Vietnam veteran from 
selecting lands within the right of way granted for the TransAlaska 
Pipeline or the inner and outer corridor of that right-of-way 
withdrawal (for security reasons after 9/11 attacks). It also would 
prohibit a veteran from selecting lands containing a building, 
permanent structure, or other development owned or controlled by the 
United States, another unit of government, or reserved for national 
defense purposes other than National Petroleum Reserve-Alaska.
  My bill would also allow a veteran who made an allotment selection 
under Section 2(g) of this bill, before the date of the enactment of 
this bill, may withdraw that selection and reselect lands under this 
section if the land originally selected were not conveyed to that 
person prior to enactment of this bill.
  My bill will also replace existing use and occupancy requirements 
with legislative approval of allotment applications. Use and occupancy 
requirements would be replaced for several reasons: (1) Congress has 
made legislative approval available to all other allotment applicants 
under 43 U.S.C. Section 1634(a) (1) (A); (2) legislative approval of 
allotments prevents costly and lengthy adjudication of use and 
occupancy issues; and (3) many Alaska Native Vietnam veterans could not 
meet use and occupancy requirements as a result of military service. 
For example, the application of a deserving Alaska Native Vietnam 
veteran who was paralyzed during the Vietnam conflict would be rejected 
if that veteran were unable to complete the five years of use of the 
claimed land and had not used the land for five years before the war.
  I urge my colleagues to support this important legislation for Alaska 
Native Vietnam veterans who served their country in a time of conflict. 
I want to remind my colleagues that we owe our veterans the respect, 
dignity and honor them so well deserve for fulfilling their duty and 
commitment to this great nation. Please do not deprive my Alaska Native 
Vietnam veterans their rightful opportunity to apply for their native 
allotment as was afforded other Alaska natives in my great State.

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