04/25/2006 05:00 PM Senate STATE AFFAIRS

      CSHJR 27(MLV)-ALLOTMENTS FOR NATIVE VIETNAM VETERANS                                                                  
                                                                                                                                
5:05:08 PM                                                                                                                    
                                                                                                                                
CHAIR GENE THERRIAULT  announced HJR 27 to be the  first order of                                                               
business.                                                                                                                       
                                                                                                                                
REPRESENTATIVE JOHN COGHILL, sponsor,  characterized HJR 27 as an                                                               
expression of  support for  two bills  sponsored by  U.S. Senator                                                               
Lisa Murkowski and Congressman Don  Young to reopen discussion on                                                               
Native allotments  and to extend  the definition for  Vietnam era                                                               
veterans to include the years 1964 through 1975.                                                                                
                                                                                                                                
A  second part  of the  resolution  asks for  examination of  the                                                               
Tongass area  where up to 300  people were denied the  ability to                                                               
apply for an allotment as the result of a court.                                                                                
                                                                                                                                
5:10:12 PM                                                                                                                    
SENATOR THOMAS  WAGONER stated that  several of  his constituents                                                               
would like this resolution to pass.                                                                                             
                                                                                                                                
CHARLES  HUBBARD, Vietnam  Veteran  from  Sterling, testified  in                                                               
support of  HJR 27 saying  it would  right wrongs that  have been                                                               
done to  Alaska Natives  and Alaska  Native veterans.  He related                                                               
that his mother's attempts to get  an allotment took more than 30                                                               
years and she didn't live long enough to celebrate her victory.                                                                 
                                                                                                                                
5:15:51 PM                                                                                                                    
DEE  HUBBARD,  Sterling,  testified   that  HJR  27  addresses  a                                                               
fairness  issue, which  is that  the federal  code doesn't  allow                                                               
family members of deceased veterans to apply for an allotment.                                                                  
                                                                                                                                
SENATOR  WAGONER  asked how  many  veterans  or surviving  family                                                               
members might be affected.                                                                                                      
                                                                                                                                
MS. HUBBARD replied she didn't have that information.                                                                           
                                                                                                                                
5:20:43 PM                                                                                                                    
CAROL  YATEMAN,  Supervising  Attorney of  the  Native  Allotment                                                               
Program with  Alaska Legal Services,  testified that HJR 27  is a                                                               
crucial statement of support for  the legislation before Congress                                                               
to  get   the  Alaska  Native   Vietnam  Veterans   Act  amended.                                                               
Congressional members want  to act in accordance  with the wishes                                                               
of the State of Alaska.                                                                                                         
                                                                                                                                
Addressing why the  law should be amended, she  said she couldn't                                                               
understand  why the  current law  is so  restrictive because  the                                                               
intention was to  give veterans a chance to get  what they should                                                               
have gotten in the first place  had they not been away serving in                                                               
the armed services. As it turns  out, the allotment land that was                                                               
available to Vietnam veterans was  minimal compared to what would                                                               
have been available  had they applied prior to  1971. The primary                                                               
problem is that under current  law there isn't any land available                                                               
around  many   Alaska  villages.  A  secondary   problem  is  the                                                               
requirement that  a veteran use the  land in a certain  way for a                                                               
minimum of five years.                                                                                                          
                                                                                                                                
The amendments  before Congress  would remove  those requirements                                                               
and  establish  legislative  approval   for  veterans,  which  is                                                               
logical  because  that's  the  way  it  is  for  other  allotment                                                               
applicants.   Also,   receiving    legislative   approval   would                                                               
drastically reduce the time it takes to process an application.                                                                 
                                                                                                                                
MS YATEMAN informed  members that under current law  the heirs of                                                               
a veteran  who died for  reasons unrelated  to a war  injury were                                                               
not  allowed to  apply for  a veteran's  allotment. The  bills in                                                               
Congress would correct that injustice.                                                                                          
                                                                                                                                
REPRESENTATIVE BILL THOMAS reported that  he is a Vietnam veteran                                                               
and he strongly supported HJR 27.                                                                                               
                                                                                                                                
5:31:47 PM                                                                                                                    
SENATOR KIM  ELTON asked  if including an  heir was  discussed in                                                               
the House hearings  and whether there is a reason  that the issue                                                               
isn't addressed in the resolution.                                                                                              
                                                                                                                                
REPRESENTATIVE COGHILL replied the issue  is addressed in the two                                                               
bills before the U.S. Congress.  The resolution is to broaden the                                                               
scope and reopen the discussion.                                                                                                
                                                                                                                                
SENATOR  ELTON said  he was  prepared  to offer  an amendment  to                                                               
include heirs if the sponsor agreed.                                                                                            
                                                                                                                                
REPRESENTATIVE  COGHILL  expressed  appreciation  but  he  didn't                                                               
believe it was necessary.                                                                                                       
                                                                                                                                
SENATOR  WAGONER motioned  to  report  CSHJR 27(MLV)and  attached                                                               
fiscal  notes  from  committee with  individual  recommendations.                                                               
There being no objection, it was so ordered.