[Senate Report 115-451]
[From the U.S. Government Publishing Office]
Calendar No. 710
115th Congress } { Report
SENATE
2d Session } { 115-451
======================================================================
ALASKA NATIVE VIETNAM ERA VETERANS LAND ALLOTMENT ACT
_______
December 20, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S. 785]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 785) to amend the Alaska Native Claims
Settlement Act to provide for equitable allotment of land to
Alaska Native veterans, having considered the same, reports
favorably thereon with an amendment in the nature of a
substitute and an amendment to the title and recommends that
the bill, as amended, do pass.
The amendments are as follows:
1. Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native Vietnam Era Veterans
Land Allotment Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide an opportunity for certain
Alaska Native Vietnam era veterans to select and receive an allotment
of Federal land in the State of Alaska.
SEC. 3. DEFINITIONS.
In this Act:
(1) Available federal land.--
(A) In general.--The term ``available Federal land''
means Federal land in the State that--
(i) is vacant, unappropriated, and
unreserved;
(ii) has been selected by, but not yet
conveyed to--
(I) the State, if the State agrees to
voluntarily relinquish the selection of
the Federal land for selection by an
eligible individual; or
(II) a Regional Corporation or a
Village Corporation, if the Regional
Corporation or Village Corporation
agrees to voluntarily relinquish the
selection of the Federal land for
selection by an eligible individual; or
(iii) is identified as available for
selection under section 4(d)(1).
(B) Exclusions.--The term ``available Federal land''
does not include any Federal land in the State that
is--
(i)(I) a right-of-way of the TransAlaska
Pipeline; or
(II) an inner or outer corridor of such a
right-of-way;
(ii) withdrawn or acquired for purposes of
the Armed Forces;
(iii) under review for a pending right-of-way
for a natural gas corridor;
(iv) within the Arctic National Wildlife
Refuge;
(v) within a unit of the National Forest
System; or
(vi) within a unit of the National Park
System, a National Preserve, or a National
Monument.
(2) Eligible individual.--The term ``eligible individual''
means an individual who, as determined by the Secretary in
accordance with section 4(a)--
(A) is--
(i) a Native veteran who served during the
period between August 5, 1964, and December 31,
1971; or
(ii) a personal representative, acting for
the benefit of the heirs, of the estate of a
deceased Native veteran who served during the
period between August 5, 1964, and December 31,
1971; and
(B) has received fewer than 157.5 acres pursuant to--
(i) the Act of May 17, 1906 (34 Stat. 197,
chapter 2469) (as in effect on December 17,
1971); and
(ii) section 41 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1629g).
(3) Native; regional corporation; village corporation.--The
terms ``Native'', ``Regional Corporation'', and ``Village
Corporation'' have the meanings given those terms in section 3
of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means the State of Alaska.
(6) Veteran.--The term ``veteran'' has the meaning given the
term in section 101 of title 38, United States Code.
SEC. 4. ALLOTMENTS FOR CERTAIN NATIVE VETERANS.
(a) Information To Determine Eligibility.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, shall
provide to the Secretary a list of all members of the Armed
Forces who served during the period between August 5, 1964, and
December 31, 1971.
(2) Use.--The Secretary shall use the information provided
under paragraph (1) to determine whether an individual meets
the military service requirements under section 3(2)(A).
(3) Outreach and assistance.--The Secretary, in coordination
with the Secretary of Veterans Affairs, shall conduct outreach,
and provide assistance in applying for allotments, to eligible
individuals.
(b) Selection by Eligible Individuals.--
(1) In general.--An eligible individual--
(A) subject to paragraphs (2) and (3), may select not
more than 2 parcels of available Federal land totaling
not more than 160 acres; and
(B) on making a selection pursuant to subparagraph
(A), shall submit to the Secretary an allotment
selection application for the applicable parcels of
available Federal land.
(2) Minimum acreage.--A parcel of available Federal land
selected pursuant to paragraph (1)(A) shall be not less than
2.5 acres.
(3) Treatment of certain acres.--The following acres held by
an eligible individual shall be counted toward the 160-acre
limitation under paragraph (1)(A):
(A) Any acres received pursuant to the Act of May 17,
1906 (34 Stat. 197, chapter 2469) (as in effect on
December 17, 1971).
(B) Any acres received pursuant to section 41 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1629g).
(c) Conflicting Selections.--If 2 or more eligible individuals
submit to the Secretary an allotment selection application under
subsection (b)(1)(B) for the same parcel of available Federal land, the
Secretary shall--
(1) give preference to the selection application received on
the earliest date; and
(2) provide to each eligible individual the selection
application of whom is rejected under paragraph (1) an
opportunity to select a substitute parcel of available Federal
land.
(d) Identification of Available Federal Land for Allotment
Selection.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, subject to paragraphs (2) and (3), the
Secretary, in consultation with the State, Regional
Corporations, and Village Corporations, shall identify not more
than 500,000 acres of Federal land as available Federal land
for allotment selection to meet the purpose of this Act.
(2) Limitation on wildlife refuge acreage.--
(A) Yukon delta national wildlife refuge acreage.--Of
the available Federal land identified under paragraph
(1), not more than 42,000 acres shall be located in the
Yukon Delta National Wildlife Refuge.
(B) Togiak national wildlife refuge acreage.--Of the
available Federal land identified under paragraph (1),
not more than 10,000 acres shall be located in the
Togiak National Wildlife Refuge.
(3) Certification; survey.--The Secretary shall--
(A) certify that the available Federal land
identified under paragraph (1) is free of known
contamination; and
(B) survey the available Federal land under paragraph
(1) into aliquot parts and lots, segregating all
navigable and meanderable waters and land not available
for allotment selection.
(4) Maps.--As soon as practicable after the date on which
available Federal land is identified under paragraph (1), the
Secretary shall submit to Congress, and publish in the Federal
Register, 1 or more maps depicting the identified available
Federal land.
(e) Conveyances.--Any available Federal land conveyed to an
eligible individual under this section shall be subject to--
(1) valid existing rights;
(2) the reservation of minerals to the United States; and
(3) if the available Federal land conveyed is within the
boundaries of a unit of the National Wildlife Refuge System,
the laws (including regulations) applicable to the use and
development of the unit of the National Wildlife Refuge System.
(f) Intent of Congress.--It is the intent of Congress that not
later than 2 years after the date on which an eligible individual
submits an allotment selection application under subsection (b)(1)(B)
that meets the requirements of this Act, as determined by the
Secretary, the Secretary shall issue to the eligible individual a
certificate of allotment with respect to the available Federal land
covered by the allotment selection application, subject to the
requirements of subsection (e).
2. Amend the title so as to read: ``A bill to provide an
opportunity for certain Alaska Native Vietnam era veterans to
select and receive an allotment of Federal land in the State of
Alaska.''.
PURPOSE
The purpose of S. 785, as ordered reported, is to provide
an opportunity for certain Alaska Native Vietnam-era veterans
to select and receive an allotment of Federal land in the State
of Alaska.
BACKGROUND AND NEED
In 1887, Congress passed the General Allotment Act (25
U.S.C. 331) to allow Native Americans to apply for an allotment
of land, not to exceed 160 acres. It was unclear if Alaska
Natives were able to apply for an allotment under that Act, so
in 1906, Congress passed the Alaska Native Allotment Act (1906
Act, Public Law 59-171) to ensure that the indigenous peoples
of Alaska were also able to select an allotment of land. The
1906 Act gave the Secretary of the Interior discretion, under
rules as he may prescribe, to allot to any Alaska Native who
was at least 21 years old up to 160 acres of non-mineral,
Federal land in Alaska, to remain with them and their heirs in
perpetuity. The purpose of the Act was to enable Alaska Natives
to legally own the lands they had used and occupied for
generations. The rules adopted by the Secretary provided that
allotments would not be made on lands reserved by the United
States unless the claimant used and occupied them prior to the
reservation.
In 1956, Congress amended the 1906 Act (1956 amendments,
Public Law 84-931) to require applicants to prove substantial
use and occupancy of a parcel of land for at least five years
in order for an allotment to be conveyed to them. The 1956
amendments clarified that the land needed to be ``vacant,
unappropriated, and unreserved.'' The 1956 amendments further
allowed an allotment to be conveyed in a national forest,
provided that an applicant was able to prove use and occupancy
prior to the forest being withdrawn, or if the Secretary of
Agriculture determined that the land was ``chiefly valuable to
agriculture or grazing purposes.''
In 1971, Congress passed the Alaska Native Claims
Settlement Act (ANCSA, Public Law 92-203) to resolve all
outstanding aboriginal land claims. Section 18(a) of ANCSA
repealed the 1906 Act. Leading up to the repeal of the 1906
Act, the Bureau of Indian Affairs and local partners conducted
outreach to encourage eligible Alaska Natives to apply for an
allotment of land. According to the Department of the Interior
(DOI), that effort resulted in over 10,000 individual
applicants for an allotment, which quadrupled the number of
applicants in just two years.
That time period coincided with the beginning of the
Vietnam War. Many Alaska Natives were enlisted and served
abroad during the war. Due to their service, they were unable
to be physically present in Alaska to submit an application,
and many were unaware of the opportunity to apply.
Congress recognized this inequity in 1998 and enacted
legislation (1998 Act, section 432 of Public Law 105-276) to
reopen the 1906 Act for a limited time and with a narrow scope.
The 1998 Act allowed Alaska Natives, or their heirs, who were
eligible under the 1906 Act and who served at least six months
between January 1, 1969 and June 2, 1971, or were enlisted or
drafted before December 17, 1971, to apply for an allotment of
land. Further, allotments could only be selected from vacant,
unappropriated, and unreserved Federal land, and selections
were prohibited from wilderness lands, units of a National
Forest, and land withdrawn for military purposes.
DOI promulgated regulations (43 C.F.R. 2568) to set up a
system to convey allotments to Alaska Native Vietnam veterans.
Pursuant to these regulations, if an individual could prove use
and occupancy on land that was not available for selection
because it was deemed inconsistent with the permitted uses of a
given conservation system unit, that individual could make a
selection elsewhere in the State without proving use and
occupancy.
According to the Bureau of Land Management (BLM), the 1998
Act allowed 255 allotments to be conveyed, for a 25 percent
approval rate--much lower than the 80 percent approval rate
under the 1906 Act. The 1998 Act's low success can be
attributed to a number of factors, including limitations on
available land and proof of military service.
Congress has amended the 1998 Act twice to address these
issues. In 2000, Congress expanded the eligible period of
service to December 31, 1971, and clarified the role of a
personal representative (section 301 of Public Law 106-559).
Also, in 2004, Congress clarified how an eligible individual
can prove their military service (section 306 of Public Law
108-452).
Despite these efforts, an estimated 2,800 Native Alaskans
who served in the Vietnam War have yet to receive their
allotment. S. 785 seeks to address the 1998 Act's shortcomings
by establishing a separate program to provide another
opportunity for those individuals to apply for an allotment of
land. S. 785 clarifies eligible land available for selection,
directs BLM to identify available land before the selection
process begins, and directs the Departments of Defense (DoD)
and Veterans Affairs (VA) to certify military service and
conduct outreach to Native veterans.
LEGISLATIVE HISTORY
S. 785 was introduced by Senators Sullivan and Murkowski on
March 30, 2017. The Subcommittee on Public Lands, Forests, and
Mining held a hearing on S. 785 on July 26, 2017. The text of
S. 785 was also included as section 11 of S. 1481, the ANCSA
Improvement Act, which was introduced by Senators Murkowski and
Sullivan on June 29, 2017.
Companion legislation, H.R. 1867, was introduced in the
House of Representatives by Representative Young on April 3,
2017, and referred to the Natural Resources Committee.
In the 114th Congress, similar legislation, S. 1955, was
introduced by Senators Sullivan and Murkowski on August 8,
2015. The Subcommittee on Public Lands, Forests, and Mining
held a hearing to consider S. 1955 on October 8, 2015 (S. Hrg.
114-490). The text of S. 1955 was also included as section 11
of S. 3273, the ANCSA Improvement Act, which was introduced by
Senators Murkowski and Sullivan on July 14, 2016.
Companion legislation, H.R. 2387, was introduced by
Representative Young in the House of Representatives on May 15,
2015. The Natural Resources Committee's Subcommittee on Indian,
Insular, and Alaska Native Affairs held a hearing to consider
H.R. 2387 on June 6, 2015. The Natural Resources Committee
ordered the bill favorably reported, as amended, by voice vote
on September 22, 2016 (H. Rept. 114-832).
The Senate Committee on Energy and Natural Resources met in
open business session on October 2, 2018, and ordered S. 785
favorably reported, as amended.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on October 2, 2018, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
785, if amended as described herein. Senator Wyden asked to be
recorded as voting no.
COMMITTEE AMENDMENTS
During its consideration of S. 785, the Committee adopted
an amendment in the nature of a substitute and an amendment to
the title. The substitute amendment creates a new program,
rather than amending the 1998 Act and addresses a number of
issues, including eligible land, eligible person, outreach, the
selection process, the identification of land, and conveyances.
The title amendment reflects changes made by the substitute
amendment.
With regard to eligible land, the substitute amendment
authorizes selections in ``vacant, unappropriated, and
unreserved'' Federal lands. Notwithstanding the exclusion of
lands reserved by the United States in section 3(1)(A)(i) of
the substitute, the substitute amendment permits the Secretary
to include lands in National Wildlife Refuges in the 500,000
acres of Federal land available for allotment selection under
section 4(d). Land that is not available for selection include
land in the Tongass and Chugach National Forests; the Arctic
National Wildlife Refuge (ANWR); the National Petroleum
Reserve-Alaska; the Trans-Alaska Pipeline System (TAPS) right-
of-way (ROW); that has been withdrawn for defense purposes; is
proposed for the Alaska LNG pipeline ROW; and that is within a
unit of the National Park System or a National Monument.
The substitute amendment defines an ``eligible person'' to
be an Alaska Native veteran who was not dishonorably
discharged, and served in Vietnam for any period of time
beginning at the start of the war in 1964, up through December
31, 1971. If an eligible person is deceased and has not
received an allotment, an heir is authorized to receive the
land.
The substitute amendment directs DoD to provide DOI with a
list of individuals who served in the Vietnam War and directs
DoD and the VA to reach out to veterans in Alaska to make them
aware of the opportunity to select an allotment of land.
The substitute amendment authorizes an eligible person to
select up to two parcels of land, not totaling more than 160
acres, and requires the eligible person to submit an
application to the BLM. If more than one application is
submitted for a single parcel of land, preference is given to
the application that was received on the earliest date.
The substitute amendment directs the BLM, Alaska Native
Corporations (ANCs), and the State to jointly identify up to
500,000 acres of land that are available for selection and free
from contamination. An eligible person is not required to apply
for land that has been identified as available for selection,
so the option to apply for other land is preserved. The text
requires that up to 42,000 acres of land be identified in the
Yukon Delta National Wildlife Refuge and up to 10,000 acres of
land be identified in the Togiak National Wildlife Refuge.
The substitute amendment further reserves all minerals to
the Federal government and makes clear that the intent of
Congress is for a conveyance to be made within two years of an
application being submitted, provided that the individual meets
all eligibility criteria.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides a short title.
Section 2. Purpose
Section 2 specifies the bill's purpose.
Section 3. Definitions
Section 3 defines key terms.
Section 4. Allotments for certain native veterans
Subsection (a) directs the Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, to provide
the Secretary of the Interior (Secretary) with a list of
individuals who served between August 5, 1964, and December 31,
1971 and directs the Secretary to use that list to determine
whether military service requirements have been met by an
individual. This subsection also directs the Secretaries of the
Interior and Veterans Affairs to conduct outreach to eligible
individuals and provide assistance in applying for allotments.
Subsection (b) authorizes eligible individuals to select up
to two parcels of available Federal land, totaling not more
than 160 acres. This subsection also directs an eligible
individual to submit an allotment selection application to the
Secretary, establishes a 2.5 acre minimum for land parcel
selections, and specifies the treatment of certain acres.
Subsection (c) directs the Secretary, in the event of
conflicting allotment selections, to give preference to the
application received on the earliest date and to provide each
eligible individual with a resulting rejected application, with
the opportunity to select a substitute parcel of Federal land.
Subsection (d) directs the Secretary, in consultation with
the State of Alaska and ANCs, to identify up to 500,000 acres
of available Federal land, and requires the Secretary to
certify that the land is free of contamination. The subsection
further requires that of the 500,000 acres of available Federal
land, up to 42,000 acres be identified in the Yukon Delta
National Wildlife Refuge and up to 10,000 acres of land be
identified in the Togiak National Wildlife Refuge. The
subsection also directs the Secretary to submit one or more
maps depicting the available Federal land for selection and to
publish such maps in the Federal Register.
Subsection (e) makes clear that the conveyances of Federal
land are subject to valid existing rights, the reservation of
minerals by the Federal government, and, for allotments in
National Wildlife Refuges, applicable laws and regulations.
Subsection (f) states the intent of Congress that if an
application meets the eligibility criteria, a conveyance be
made within two years of an application being submitted to the
Secretary.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 785 would provide certain Alaska Native veterans or
their heirs the opportunity to apply for allotments of land in
Alaska. CBO estimates that implementing S. 785 would cost $11
million over the 2019-2023 period, assuming appropriation of
the necessary amounts.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 785 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
S. 785 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 785 is shown in the following table. The
costs of the legislation fall within budget function 450
(community and regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2019-
2019 2020 2021 2022 2023 2023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................... 1 2 3 3 4 13
Estimated Outlays.................................. * 2 3 3 3 11
----------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.
Basis of estimate: For this estimate, CBO assumes that S.
785 will be enacted near the end of 2018 and that the necessary
amounts will be appropriated for each year beginning in 2019.
Estimated outlays are based on historical spending patterns for
administering similar land allotments. S. 785 would authorize
the Department of the Interior (DOI) to grant allotments of up
to 160 acres each from certain vacant, federally owned land in
Alaska to Alaska Natives who served in the armed forces between
August 5, 1964, and December 31, 1971, or to their heirs.
Background
Under the Alaska Native Allotment Act of 1906 (1906 Act),
DOI was authorized to convey allotments of up to 160 acres of
vacant land to Alaska Natives. The law required Alaska Natives
to prove that they had continually used and occupied that
particular land for a period of at least five years in order to
receive such an allotment.
In 1971, the 1906 Act was repealed; in the three years
before its repeal, DOI and other organizations worked with
Alaska Natives to ensure eligible people were aware of their
eligibility for allotments and that those who were interested
in such allotments submitted applications before the law's
repeal. However, in the years following that repeal, some
people became concerned that certain Alaska Natives who served
in the armed forces during the Vietnam Era (1964 to 1975) would
not have been able to submit applications for allotments in the
final years before the 1906 Act was repealed. Subsequently, the
Alaska Native Veterans Allotment Act of 1998 (1998 Act) was
enacted to allow those eligible veterans to apply for
allotments in the same manner as under the 1906 Act. The
authority to submit such applications expired in February 2002.
In a 1997 report to the Congress, DOI estimated that about
1,600 Alaska Native veterans would be eligible to submit
applications under the 1998 Act. DOI received about 800
applications, although only about 250 of them met the 1998
Act's requirements; all others were rejected.
Eligible land
The land eligible for allotment under S. 785 could not be
located within a national forest, national park, a national
preserve, a national monument, or a right-of-way of the
TransAlaska Pipeline. Under the bill, the federal government
would retain mineral rights to any land allotted under S. 785
and eligible people would not be required to have personally
used the land for which they submit applications.
The bill also would direct DOI to consult with the state
and Alaska Native Corporations to identify 500,000 acres of
federal land to be made available for allotment under S. 785.
DOI would then be required to review and approve applications
for allotments of land as they are submitted and to survey the
land before making the allotments. Using information from DOI,
CBO expects that DOI would work with the Alaska Native
Corporations to select land that is close to land owned by the
corporations and as contiguous as possible. That would
streamline the required survey and assessment of the selected
land.
However, the bill would not restrict eligible people from
applying for allotments outside of the 500,000 acres of land
that DOI would be required to set aside. According to DOI, when
given the option to select multiple allotments, Alaska Natives
have historically tended to prefer selecting land that is near
their corporation for their initial allotment and to select
land in more remote areas for subsequent allotments. The more
remote allotments tend to be for the purpose of acquiring land
conducive to hunting and fishing. CBO estimates that about half
of the land allotted would be outside of the 500,000 acres that
DOI would set aside.
ELIGIBLE APPLICANTS
Using information from DOI about the number of Alaska
Native veterans who served between 1964 and 1971 and who did
not receive allotments under the 1906 Act or the 1998 Act, CBO
estimates that approximately 1,350 veterans or their heirs
would be eligible to apply for allotments under S. 785. That
figure is equal to the approximately 1,600 veterans estimated
to be eligible in DOI's 1997 report to the Congress, minus the
250 people who received allotments under the 1998 Act.
About 50 percent of those eligible applied for allotments
under the 1998 Act. CBO expects that application rates under S.
785 would be slightly higher than those under the 1998 Act
because S. 785 removes the restriction that any land applied
for must have been personally used by the applicant and directs
DOI to conduct outreach activities and to provide application
assistance to eligible people. Therefore, CBO estimates that
under S. 785 about 70 percent of eligible people (or about 950
people) would submit applications for allotments totaling about
150,000 acres of land.
ALLOTMENT COSTS
Using information from DOI, CBO estimates that conferring
with state officials and Alaska Native Corporations to set
aside 500,000 acres of land and reviewing applications for and
surveying about 75,000 acres (half of the 150,000 acres
expected to be allotted in total under the bill) would cost DOI
about $2 million over the 2019-2023 period.
CBO expects that applications for the remaining 75,000
acres would be for land outside of the land set aside by DOI.
Using information from DOI, CBO estimates that reviewing
applications and surveying other noncontiguous land would cost
DOI about $9 million over the 2019-2023 period and $5 million
after 2023. The majority of those costs would stem from travel
to remote areas of Alaska. All such spending would be subject
to appropriation.
Uncertainty: CBO aims to produce cost estimates that
generally reflect the middle of a range of the most likely
budgetary outcomes that would result if the legislation was
enacted. The cost to implement S. 785 could be greater or
smaller than CBO has estimated.
The number of applicants who would apply for land outside
of the 500,000 acres set aside by DOI under the bill is
uncertain and thus the cost of reviewing the applications and
surveying the land could be different. DOI expects that more
remote pieces of land would be selected for their proximity to
hunting and fishing. However, although such remote land would
be of value to applicants, DOI would probably encourage
eligible people to apply for land within the set-aside portion.
If more land is chosen within the set-aside portion, the costs
would be lower.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 785 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: S. 785 contains no intergovernmental or private-
sector mandates as defined in UMRA.
Estimate prepared by: Federal costs: Robert Reese;
Mandates: Rachel Austin.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 785. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 785, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 785, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of the Interior at
the July 26, 2017, hearing on S. 785 follows:
Statement of John Ruhs, Acting Deputy Director for Operations, Bureau
of Land Management, U.S. Department of the Interior
Thank you for the opportunity to present the views of the
Department of the Interior (Department) on S. 785, the Alaska
Native Veterans Land Allotment Equity Act. S. 785 amends the
1971 Alaska Native Claims Settlement Act (ANCSA) to allow any
Alaska Native veteran (or heir) who served during the period of
August 5, 1964, through May 7, 1975, who has not yet received a
Native allotment under the 1906 Allotment Act, to apply for an
allotment of up to 160 acres of Federal land.
The Department supports equitable treatment of Alaska
Natives and Alaska Native Veterans in the Alaska Land
Conveyance program. We appreciate the sponsor's continuing
interest in extending to Vietnam-era Alaska Native Veterans
opportunities to apply for an individual allotment in
recognition of their service to our country. The Department
supports the goals of S. 785 and looks forward to working with
the sponsor and the Committee to provide technical edits to
further enhance this legislation and offer timely and efficient
resolution of longstanding Native allotment processes.
Background
Several laws govern disposition of lands in Alaska. The
Alaska Statehood Act and ANCSA provide for conveyance of broad
swaths of land to the State and to Native Corporations. Land
transfers to individual Alaska Natives were first authorized by
the Alaska Native Allotment Act of 1906. The Allotment Act, as
amended, authorized the Secretary of the Interior to convey up
to 160 acres of ``vacant, unappropriated, and unreserved non-
mineral'' land to individual Alaska Natives who could prove as
head of household ``substantially continuous use and occupancy
of that land for a period of five years.'' Over 10,000 Alaska
Natives filed allotment applications before 1971.
ANCSA, enacted in 1971, included a provision repealing the
1906 Allotment Act but with a savings provision allowing the
Department to finalize the approximately 15,000 individual
allotment claims then pending before the Department. In 1981,
Section 905 of the Alaska National Interest Lands Conservation
Act (ANILCA) legislatively approved the vast majority of the
pending Allotment Act applications.
As of this date, there remain pending approximately 272
applications under the 1906 Act, most of which will require the
State of Alaska to voluntarily re-convey title to the United
States government before a conveyance can be made to the
individual allotment claimant. The BLM has prioritized the
completion of individual allotments, and to date has completed
final patent to approximately 98 percent (over 13,100 parcels)
of individual Native allotments.
Another act authorizing land transfers to individual Alaska
Natives is the Alaska Native Vietnam Veterans Allotment Act of
1998 (P. L. 105-276). This Act authorized the Department to
provide a new 18-month filing period, ending in January 2002,
to qualifying Alaska Native Vietnam-era veterans who were
unable to file a claim under the 1906 Allotment Act before its
repeal in 1971 because they were on active military duty during
the three years (1968-1971) prior to repeal of the 1906 Act.
Certificates for 255 allotments have been issued, and seven
parcels remain pending.
Members of Congress concerned about the low number of
Alaska Native Vietnam-era veterans obtaining allotments under
the 1998 Act identified three obstacles to that goal: (1)
Alaska Native Vietnam veterans were able to apply only for land
that had been vacant, unappropriated, and unreserved; (2) the
eligible service dates did not encompass the full term of
Vietnam war (1964-1975); and (3) veterans were required to
prove they had been using the allotment for which they applied
in a substantially continuous and independent manner for five
or more years.
In addition, concerns have been raised that the lack of
available land nullifies the very purpose of granting Native
Vietnam-era veterans an allotment benefit. A recurring
congressional concern has been that there is virtually no land
available for selection and allotment in southeast Alaska
because such land is located within the Tongass National Forest
or conservation units, or has been conveyed to the State of
Alaska or ANCSA Native Corporations.
S. 785
S. 785 is intended to address the obstacles in the 1998 Act
and the lack of land available for selection and allotments.
The bill authorizes allotment of Federal lands to individual
Alaska Native veterans of the Vietnam era. It amends ANCSA to
allow any Alaska Native veteran (or heir) who served during the
period of August 5, 1964, through May 7, 1975, who has not yet
received a Native allotment for a full 160 acres under the 1906
Allotment Act, to apply for an allotment of up to 160 acres of
Federal land. Lands available for selection under S. 785 are
any vacant Federal land in the state of Alaska that is located
outside of the Trans-Alaska Pipeline right-of-way, a unit of
the National Park System, a National Preserve, or a National
Monument. Available lands in S. 785 include wildlife refuges,
national forests, wilderness areas, acquired lands, national
defense withdrawn lands, and lands selected by, or already
conveyed to, the State of Alaska or an Alaska Native
Corporation. The Department would like to work with the sponsor
to develop criteria for adjudication and for the determination
of superior rights to lands in these categories.
S. 785 also authorizes compensatory acreage only for Native
Corporations that voluntarily relinquish land selected in order
to make such land available for Alaska Native Veteran
allotments. There is no similar provision for State selections.
The bill does not mention compensatory acreage for land re-
conveyed by the State of Alaska. We would like to work with the
sponsor to develop options to address the goals of this
legislation while reducing the impact to established land
patterns and minimizing delays in fulfilling entitlements in
progress.
The bill requires the Secretary of the Interior to publish
implementing regulations, after consultation with Alaska Native
organizations, within one year of the enactment of S. 785.
Within five years after the date of enactment, S. 785 requires
the Secretary to approve and certify allotment applications
filed under this Act. The legislation further requires the
Secretary to contact, in coordination with Alaska Native
organizations, each individual potentially affected by S. 785
to explain the process by which the person may apply for an
allotment. The Secretary is also required to contact each
person or entity that has an interest in land that is
potentially adverse to the interest of an applicant with notice
of how to contest the allotment. We would like to work with the
sponsor to develop a timetable and outreach strategy that
supports the entire process for Alaska Native Veterans to
select and receive allotments.
Conclusion
The highest priority of the BLM's Alaska Land Transfer
program is to fulfill existing statutory mandates by completing
title transfer to individual Alaska Natives that includes
equitable opportunities for Alaska Native Veterans, as well as
to fulfill remaining entitlements under ANCSA and the Statehood
Act. We welcome the opportunity to work with the sponsor and
the Committee to address the technical issues raised in this
testimony in order to enhance the legislation.
Thank you for the opportunity to testify. I would be glad
to address any questions.
ADDITIONAL VIEWS OF SENATOR CANTWELL
The stated purpose of S. 785, as ordered reported by the
Committee on Energy and Natural Resources, is to give any
Alaska Native veteran who may have missed the opportunity to
apply for a Native allotment because the veteran was serving in
the armed forces in Vietnam another opportunity to apply for
one now.
I fully support that goal. Plainly, no Alaska Native who
was eligible for an allotment should have been deprived of the
opportunity to apply for one because he or she was serving his
or her country during the Vietnam War.
I cannot, however, support creating an entirely new
allotment program that is broader than the original one and
would have the effect of opening up our national wildlife
refuges, national forests, wilderness areas, and the National
Petroleum Reserve-Alaska to allotment. Congress set aside those
lands for the benefit of the American people as a whole. They
should not now be parceled out to state, corporate, and
individual ownership.
Unfortunately, S. 785, as originally introduced, would have
done just that. The original allotment program only provided
for the allotment of ``vacant, unappropriated, and unreserved''
lands in Alaska. Lands that had been reserved for national
forests were not eligible for allotment unless the Alaska
Native applying for the allotment could establish personal use
and occupancy of the land prior to the reservation of the
national forest. S. 785, as introduced, would have opened up
appropriated and reserved lands, including national forests,
national wildlife refuges, and National Petroleum Reserve-
Alaska to allotment, and it did away with the prior personal
use and occupancy requirement.
Senator Murkowski's amendment, which the Committee agreed
to by voice vote, restores the requirement that allotments can
only be made from ``vacant, unappropriated, and unreserved''
lands. In addition, it expressly excludes lands with the Arctic
National Wildlife Refuge or within any national forest,
national park, national preserve, or national monument. Her
amendment goes a long way toward restoring the protections for
the national interest lands afforded by the original allotment
program.
The amendment still falls far short of what is needed,
however. While the amendment appears to exclude reserved lands
from allotment in section 3(1)(A)(i), it opens up lands
reserved for national wildlife refuges, other than the Arctic
National Wildlife Refuge, in sections 4(d)(2) and 4(e)(3).
Moreover, unlike the original allotment program, the amendment
does not apply the prior personal use and occupancy requirement
to reserved lands. Nor does it exclude designated wilderness
areas from allotment.
Ensuring fair treatment of Alaska Natives who served our
country during the Vietnam War and protecting our national
interest lands in Alaska are not incompatible. There is no
reason we cannot give Alaska Native veterans who may have
missed the original deadline another chance to apply for an
allotment and still protect our national interest lands.
Congress has done so before. Section 432 of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999, Public Law 105-
276, provided an ``open season,'' which ran from July 31, 2000
through January 31, 2002. Under that law, any Alaska Native who
would have been eligible for an allotment under the original
allotment program, but missed the filing deadline because he or
she was serving in the armed forces during the Vietnam War, was
given a second chance to apply for an allotment under the terms
of the original allotment program. The previous open season
expressly excluded wilderness areas, national forests, the
National Petroleum Reserve-Alaska, and all reserved lands,
including national wildlife refuges.
I fully support giving any Alaska Native veteran who missed
the previous open season another chance to apply for an
allotment, but on the same terms as afforded by the previous
open season. I cannot support creating a new and different
allotment program that would open up national wildlife refuges
and wilderness areas to allotment.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill as ordered
reported.