For those who haven’t filed for their Native allotments, Alaska Native veterans don’t have much time to claim 160 acres of federal land. The window for applications closes permanently on Dec. 29.
ANCSA ended 1906 Native allotment program
The land grants were part of a government program created over a hundred years ago, to promote homesteads and private property ownership. But the 1906 Native allotment program shut down in 1971, after Congress passed the Alaska Native Claims Settlement Act passed.
But in the years leading up to the land claims act, Natives scrambled to file for their land allotments. But during that time, a lot of Native Vietnam veterans missed out, because they were stationed overseas. Many were engaged in combat.
The Alaska Congressional delegation eventually succeeded in passing legislation to fix this. In 2019, President Trump signed a bill into law that opened a five-year window for Natives vets to claim their allotments. But despite the special exemption to apply for the land, it isn’t easy to do. There are still many hurdles.
Application process is “onerous”
“It’s one thing to make laws,” said Jim LaBelle, an Inupiaq Vietnam veteran, “but it’s quite another thing when the bureaucracy kicks in and starts developing these onerous processes that were never really anticipated.”
LaBelle’s challenges began before the war when he and his younger brother, Kermit, were in boarding school. He says they were unable to qualify for their allotments, because they were far from home and couldn’t prove they worked the land they hoped to receive.
Then both brothers went to fight in the Vietnam War, and Kermit was killed in action at the age of 18.
After the war, LaBelle had about given up on efforts to claim his land but tried again. A few years ago, the government finally accepted his application.
Veterans unhappy with federal land available
“It took a little doing, but I managed,” he said. “And I can’t say I was very happy with the lands that I got.”
LaBelle wound up with land near the Interior Alaska community of Tok, far away from his Inupiaq homelands.
“It’s an area I’m not familiar with but was available at the time,” LaBelle said. “The way I look at the map, I’d have to have a helicopter to fly in.”
LaBelle is now focused on getting his late brother Kermit’s allotment. To do that, he needed a death certificate.
“I have to prove that he was killed in Viet Nam. I also have to prove that he had a CIB, Certificate of Indian Blood,” LaBelle said. Michael Livingston has volunteered to help vets like Jim LaBelle apply.
Michael Livingston, an Alaska Native veteran's advocate, has volunteered to help vets like Jim LaBelle apply.
“It’s not a user-friendly process,” he said. “Out of the 2000-some veterans that are eligible, only about 500 of them have applied, so that’s only about 25 percent.”
Native vet allotment applications remain low
As of mid-December, the Bureau of Land Management’s website said it had received 519 applications – but fewer than 44 have been accepted.
Livingston believes the limited land available to veterans has discouraged them from applying but says age is probably the biggest barrier. He says most of the veterans he’s worked with are now in their 70’s and 80’s. Many are in poor health and don’t have the computer and internet skills it takes to navigate the bureaucracy, so they’ve given up.
Livingston says it also takes a lot of persistence, which he is willing to supply.
“So far, I’ve helped about 50 Alaska Native veterans apply for about 160 acres of land,” he said. “And that adds up to over 8,000 acres that potentially is going to return to the hands of Alaska Natives. So, in that sense, it’s been pretty rewarding.”
Livingston encourages Native vets to file before the Dec. 29 deadline, even if their application is incomplete. He says if veterans need help, it’s OK for them to email him at the following address: michaelpocatelloATgmail.com.
Sen. Dan Sullivan offers staff assistance
Alaska U.S. Senator Dan Sullivan also says vets shouldn’t worry about filing a complete form, that it’s more important to meet the deadline.
“Get your application in, we can work with you,” Sullivan said. “We can help. If it needs to be updated, we can do that.”
Sulllivan says staffers in his Alaska offices are prepared to assist. For now, he is racing against the clock to get a bill passed to extend the program.
“I just wish we could get my colleagues to see that this is not a big ask," the Republican senator said. "Believe it or not, the bill is a two-word change. It’s from five years to ten years.”
In his advocacy for the extension, Sullivan reminds his colleagues that Alaska Natives veterans have some of the highest rates of service of any ethnic group in the nation.
"You'll go to a small Native community and ask how many veterans there are," Sullivan said, "and like, almost all the men in the town hall you're doing, raise their hand."
Although Sullivan has attempted to make new lands available for veterans to claim, his current bill, S785 and its companion House bill, HR410, does not include new land. It simply extends the application period to December 2030.
Sullivan says his bill has Republican support – and he’s worked with Democrats to attach his legislation to other bills that include things they want. But the senator believes they continue to block his extension, because they think it’s a backdoor attempt to usher in more development, which he says is not true.
“They've just been very reluctant to get more people land and access to federal lands in Alaska,” said Sullivan, who remains hopeful he’ll be able to win an extension in time.
“But just to be safe, get your application in before the end of the year,” he said.
