Legislature(2005 - 2006)CAPITOL 120
03/02/2006 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR27 | |
| HJR33 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 27 | TELECONFERENCED | |
| *+ | HB 465 | TELECONFERENCED | |
| *+ | HJR 33 | TELECONFERENCED | |
| + | TELECONFERENCED |
HJR 27-ALLOTMENTS FOR NATIVE VIETNAM VETERANS 1:06:55 PM CHAIR LYNN announced that the first order of business would be HOUSE JOINT RESOLUTION NO. 27, urging the United States Congress to pass legislation amending the Alaska Native Vietnam Veterans Allotment Act to allow deserving veterans to obtain allotments of vacant land within the State of Alaska; and to reopen and legislatively approve allotments in the Tongass National Forest. 1:07:14 PM REPRESENTATIVE JOHN COGHILL, Alaska State Legislature, speaking as the sponsor, explained that HJR 27 is a result of conversations he had with Vietnam veterans who had applied for allotments and weren't able to have their applications completed. This resolution asks Congress to reconsider a reopener on legislatively formulated allotments and asks for the opening on a court case, Shields v. United States. He remarked that the proposed CS is a result of legal counsel informing him that there are two bills in Congress regarding the same subject matter. He clarified that [the CS] doesn't alter the verbiage of this resolution, rather changes the recipient. The two bills in Congress, S. 2000 and H.R. 1811, are sponsored by U.S. Senator Lisa Murkowski and Congressman Don Young, respectively. He noted that this resolution would encourage and support those bills. 1:10:17 PM JOHN HOPKINS, Native Village of Eyak Veterans, relayed that he agreed with what the committee said about the first "go around" being confusing and very restrictive. He said that it almost seemed to him, when he was filling out some of the applications and looking at some of the maps, that [the federal government] wanted this allotment "thing" to fail. He opined that it would have been nice if [Alaska veterans] were allowed half as many choices as those who went before them. He remarked that Vietnam veterans have missed out on a lot of things like limited entry, for example. He further remarked that it would be nice if [Alaska veterans] had some kind of legacy that they could pass on to their children and grandchildren. 1:12:10 PM PAUL MAYO, Director, Real Estate Services, Tanana Chiefs Conference, stated that this resolution is of great importance to Alaska Natives throughout the state because it's pivotal in persuading Congress to amend the Alaska Native Vietnam Veterans Act, and to reopen allotments which were previously denied because they were located in the Tongass National Forest. He continued that by passing HJR 27, the Alaska State Legislature will become the leader in [the Tanana Chiefs'] quest to Washington, D.C., to right a wrong on behalf of its Alaska Native Vietnam veterans. He informed the committee that the Tanana Chiefs Conference consists of 15,000 members spread across 235,000 square miles. He noted that many of its members and clients are veterans who honorably served in the military during the Vietnam era. As a result of their military service, many Alaska Native veterans were overseas when the government took allotment applications during the late 1960s and early 1970s, right before the Allotment Act of 1906 was repealed in 1971. He remarked that the Veterans Allotment Act was intended to give those veterans another chance to get an allotment, but it has not done so. He noted that both congressional bills were referred to committees, but no action has occurred since then. MR. MAYO relayed that the Tanana Chiefs Conference believes that HJR 27 will persuade Congress to amend the Veterans Allotment Act, as it needs to be changed. Of the estimated 700 veterans who applied for an allotment, approximately 60 percent have been denied and only 1 application has been approved. He said, "Obviously, the law needs to be changed." He continued that there are three major reasons why so many veterans' applications have been denied and why the law needs to be changed. The first reason the existing law needs to be amended is that there is hardly any land left in Alaska that meets the many restrictions. He remarked that the case of Gilbert Ketzler, Jr., illustrates the need to change the type of land available for veteran allotments. Mr. Ketzler volunteered and bravely served as an Army medic in Vietnam until he was killed in action in 1969. Mr. Ketzler volunteered to go to Vietnam in order that his three younger brothers would not have to go. Mr. Mayo informed the committee that Mr. Ketzler's father applied for a veterans' allotment for Mr. Ketzler's heirs, but it was rejected because the land he used was not the type of land available because the land was selected by a Native corporation. Mr. Ketzler's heirs, he further related, could receive an allotment under the pending amendments, which allow Native corporations to voluntarily relinquish land for better allotments. 1:14:59 PM MR. MAYO stated that the second reason is the current use restriction requirements are unreasonable and take a lot of time and money to sort out. The pending amendments solve this by replacing the existing use requirements with legislative approval. He relayed that legislative approval is the identical method allowed for all non-veteran allotments and would greatly help veterans, or their heirs, obtain allotments. The third reason the law needs to be changed is that many deserving veterans, who bravely served during the Vietnam era, don't meet the existing military service time restrictions. Only veterans who served between January 1, 1969 to December 31, 1971 are now eligible. He noted that approximately 1,700 veterans are now excluded simply because they bravely served their country a little too early or a little too late. The case of Ronald Paul illustrates this problem. After serving in the National Guard for over five years, Mr. Paul enlisted in the U.S. Army in 1967. He was on the front-line in Vietnam for 11 months until he was critically wounded in 1968. He was told he needed numerous surgeries available to him only in a Veterans Affairs (VA) hospital. Mr. Paul was hospitalized for over a year and today he's a disabled veteran who isn't eligible for an allotment under current law because he left the military service too early. Mr. Mayo highlighted that although Mr. Paul did receive a purple heart, he did not receive an allotment. However, Mr. Paul could receive an allotment under the pending amendments, which expand the military service dates to include the entire Vietnam era. 1:16:31 PM MR. MAYO added that Ruben Mixsooke also volunteered and bravely served in Vietnam, but in 1969 he was forced to leave military service because both of his legs were blown off by a mine. Mr. Mixsooke's veterans' allotment was denied because he didn't serve the required six months of military service between January 1, 1969 and December 31, 1971. Mr. Mixsooke could also receive an allotment under the pending amendments, which expand the military service dates to include the entire Vietnam era. 1:19:38 PM REPRESENTATIVE THOMAS surmised that there are between 20 and 30 Native Vietnam veterans in Haines, Klukwan, and Skagway that would qualify [for an allotment]. CHAIR LYNN inquired as to how many people are excluded because of the time limits. MR. MAYO responded that he didn't have that breakdown with him. 1:20:32 PM EDWARD K. THOMAS had his testimony read by Desiree Duncan as follows: The Central Council of the Tlingit & Haida [Indian Tribes of Alaska] represents about 26,000 members throughout Alaska and the United States. Our council evolved out of the dedication of our people to retain our subsistence way of life. Crucial to this way of life is the lands we have used for many, many generations. Most of this land is now within the Tongass National Forest and has been since 1909. The problem for us is about in order to get an allotment, you must prove you used the land before it was withdrawn. This means we have very few allotments as compared to other areas of Alaska. Our 26,000 members have only 22 certified or approved allotments and 31 allotments that are pending, but not approved. The Sitka Tribe has recently told me that its 3,900 members have only 13 certified, 3 approved, and 1 pending allotment. We are certain that your resolution will convince Congress to amend the Alaska Native Vietnam Veterans Act and reopen allotments located in the Tongass National Forest that were denied because the land in Southeast Alaska was withdrawn for the Tongass in the very early 1900s. It is well known that the government did not tell people about allotments until the late 1960s and early 1970s, but by then, many who could have applied for allotments in the Tongass were deceased. A federal court case named Shields v. United States was brought in 1983 by several hundred people who had applied [for] allotments in the Tongass, but were born after the land was withdrawn. The applicants hoped that the court in the Shields case would interpret the language in the allotment act in a manner that would allow their ancestors use of their allotment land to count, but the court ruled the law required the applicants to personally use land before it was withdrawn. Thus, there are very few allotments in Southeast Alaska. Adding to the pending amendments, a provision to reopen (indisc.) under Shields will solve this disparity. MR. THOMAS' testimony continued: Our veterans are also prevented from obtaining allotments because the Veterans Allotment Act specifically prohibits veterans' allotments in national forests. The amendments to the Veterans Allotment Act, introduced in Congress as H.R. 1811 and S. 2000, will allow for allotments in the Tongass National Forest. The amendments also provide other important changes. The amendments open up the qualifying dates for the veterans who served in the Vietnam era, covering August 5, 1964 to May 7, 1975. It allows veterans' allotments on any vacant federal land, extends legislative approval for veterans' allotments unless protests are lodged, allows the state and Native corporations to voluntarily give up land for veterans' allotments, and allows heirs of deceased veterans to apply. For those who might think allowing more allotments will just increase the time it takes for the federal government to finalize the land transfers in Alaska, including the land the state is entitled to, I assure you that the amendments will not add more time, it will decrease it. This is true because of the legislative approval provision in the amendment. Legislative approval saves time and money. In fact, the finalization of land transfers cannot happen by 2009 without the expansion of legislative approval to all pending cases .... Congress enacted the Alaska Native Allotment Act in 1906 so that Alaska Natives would obtain title to land and resources that fed, clothed, and sheltered them for thousands of years. Many Alaska Natives still wait for that promised title. I urge this committee to pass House Joint Resolution (HJR) 27 and in doing so, urge Congress to amend the Veterans Allotment Act and reopen allotments in the Tongass National Forest. 1:25:56 PM TED SUCKLING, Alaska Native Veterans Association, Post 3, expressed his hope that HJR 27 passes. He relayed that while growing up around Nenana, the land which he was using during the late 1960s/early 1970s was federal land which has since been taken over by the [State of Alaska]. He further relayed that he has very little [land] to choose from [in Nenana]. 1:27:33 PM REPRESENTATIVE RICHARD FOSTER, Alaska State Legislature, informed the committee that [constituents] in his district would easily qualify under the provisions of this bill. He noted that due to cultural differences, it's difficult for many of his constituents to complete paperwork, which is why nonprofits in Nome have taken it upon themselves to help veterans do so. He surmised that at least half of the eligible veterans who would have qualified in the late 1990s, before the deadline, probably didn't even bother applying. He relayed that these people have had the use of these lands since childhood for their subsistence needs. He stated that he would support this bill all the way and he would encourage/hope that the committee members move the bill and keep it going. 1:30:51 PM REPRESENTATIVE COGHILL requested that upon a quorum, the committee adopt Version G, which is dated 2/21/06. He added that copies of HJR 27 will be sent to the [the chair of the U.S. Senate Committee on] Energy and Natural Resources and the chair of the [U.S.] House Committee on Resources. Therefore, the resolution will be sent to the committees of referral and then to [the Alaska] congressional delegation. He opined that from 1906 until now, the Native allotment issue has been handled rather poorly. He said, "This is our opportunity, really, to open up a window, or at least request that a window be opened up for those that were in service when they closed down the allotment issue in 1969." He further opined that it's a reasonable request. He relayed that there is a possibility of state land being involved and that he will do whatever he can to ensure the flexibility to get state land into hands where it's needed as well as to work closely with the [Alaska] congressional delegation. He noted his intention to follow this resolution all the way to Congress and make the case for Alaska Native Vietnam veterans. 1:33:15 PM REPRESENTATIVE THOMAS suggested that the committee waive HJR 27. REPRESENTATIVE CISSNA agreed to waiving HJR 27. REPRESENTATIVE COGHILL said that if the committee waived HJR 27, he would present the CS to the other committee of referral. 1:37:37 PM REPRESENTATIVE THOMAS moved to adopt CSHJR 27, Version 24- LS0291\G, Bullock, 2/21/06, as the working document. There being no objection, Version G was before the committee. 1:38:05 PM REPRESENTATIVE THOMAS moved to report CSHJR 27, Version 24- LS0291\G, Bullock, 2/21/06, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHJR 27(MLV) was reported out of the House Special Committee on Military and Veterans' Affairs.
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