[House Report 107-573] [From the U.S. Government Publishing Office] 107th Congress Report HOUSE OF REPRESENTATIVES 2d Session 107-573 ====================================================================== RUSSIAN RIVER LAND ACT _______ July 15, 2002.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. Hansen, from the Committee on Resources, submitted the following R E P O R T [To accompany H.R. 3048] [Including cost estimate of the Congressional Budget Office] The Committee on Resources, to whom was referred the bill (H.R. 3048) to resolve the claims of Cook Inlet Region, Inc., to lands adjacent to the Russian River in the State of Alaska, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Strike all after the enacting clause and insert the following: SECTION. 1. SHORT TITLE. This Act may be cited as the ``Russian River Land Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Certain lands adjacent to the Russian River in the area of its confluence with the Kenai River contain abundant archaeological resources of significance to the Native people of the Cook Inlet Region, the Kenaitze Indian Tribe, and the citizens of the United States. (2) Those lands at the confluence of the Russian River and Kenai River contain abundant fisheries resources of great significance to the citizens of Alaska. (3) Cook Inlet Region, Inc., an Alaska Native Regional Corporation formed under the provisions of the Alaska Native Claims Settlement Act of 1971 (43 U.S.C. 1601 et. seq.) (hereinafter in this Act referred to as ``ANCSA''), has selected lands in the area pursuant to section 14(h)(1) of such Act (43 U.S.C. 1613(h)(1)), for their values as historic and cemetery sites. (4) The United States Bureau of Land Management, the Federal agency responsible for the adjudication of ANCSA selections has not finished adjudicating Cook Inlet Region, Inc.'s selections under section 14(h)(1) of that Act as of the date of the enactment of this Act. (5) The Bureau of Indian Affairs has certified a portion of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA as containing prehistoric and historic cultural artifacts, and meeting the requirements of section 14(h)(1) of that Act. (6) A portion of the selections under section 14(h)(1) of ANCSA made by Cook Inlet Region, Inc., and certified by the Bureau of Indian Affairs lies within the Chugach National Forest over which the United States Forest Service is the agency currently responsible for the administration of public activities, archaeological features, and natural resources. (7) A portion of the selections under section 14(h)(1) of ANCSA and the lands certified by the Bureau of Indian Affairs lies within the Kenai National Wildlife Refuge over which the United States Fish and Wildlife Service is the land managing agency currently responsible for the administration of public activities, archaeological features, and natural resources. (8) The area addressed by this Act lies within the Sqilantnu Archaeological District which was determined eligible for the National Register of Historic Places on December 31, 1981. (9) Both the Forest Service and the Fish and Wildlife Service dispute the validity and timeliness of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA. (10) The Forest Service, Fish and Wildlife Service, and Cook Inlet Region, Inc., determined that it was in the interest of the United States and Cook Inlet Region, Inc., to-- (A) protect and preserve the outstanding historic, cultural, and natural resources of the area; (B) resolve their disputes concerning the validity of Cook Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA without litigation; and (C) provide for the management of public use of the area and protection of the cultural resources within the Sqilantnu Archaeological District, particularly the management of the area at the confluence of the Russian and Kenai Rivers. (11) Legislation is required to enact the resolution reached by the Forest Service, the Fish and Wildlife Service, and Cook Inlet Region, Inc. (b) Purpose.--It is the purpose of this Act to ratify an agreement between the Department of Agriculture, the Department of the Interior, and Cook Inlet Region, Inc. SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE UNITED STATES FOREST SERVICE, UNITED STATES FISH AND WILDLIFE SERVICE, AND COOK INLET REGION, INC. (a) Ratification of Agreement.-- (1) In general.--The terms, conditions, covenants, and procedures set forth in the document entitled ``Russian River Section 14(h)(1) Selection Agreement'', which was executed by Cook Inlet Region, Inc., the United States Department of Agriculture, and the United States Department of the Interior on July 26, 2001, (hereinafter in this Act referred to as the ``Agreement''), are hereby incorporated in this section, and are ratified, as to the duties and obligations of the United States and the Cook Inlet Region, Inc., as a matter of Federal law. (2) Section 5.--The ratification of section 5 of the Agreement is subject to the following conditions: (A) The Fish and Wildlife Service shall consult with interested parties when developing an exchange under section 5 of the Agreement. (B) The Secretary of the Interior shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a copy of the agreement implementing any exchange under section 5 of the Agreement not less than 30 days before the exchange becomes effective. (3) Agreement controls.--In the event any of the terms of the Agreement conflict with any other provision of law, the terms of the Agreement shall be controlling. (b) Authorization of Actions.--The Secretaries of Agriculture and the Interior are authorized to take all actions required under the terms of the Agreement. SEC. 4. AUTHORIZATION OF APPROPRIATION. (a) In General.--There is authorized to be appropriated to the Department of Agriculture, Office of State and Private Forestry, $13,800,000, to remain available until expended, for Cook Inlet Region, Inc., for the following: (1) Costs for the planning and design of the Joint Visitor's Interpretive Center. (2) Planning and design of the Sqilantnu Archaeological Research Center. (3) Construction of these facilities to be established in accordance with and for the purposes set forth in the Agreement. (b) Limitation on Use of Funds.--Of the amount appropriated under this section, not more than 1 percent may be used to reimburse the Forest Service, the Fish and Wildlife Service, and the Kenaitze Indian Tribe for the costs they incur in assisting Cook Inlet Region, Inc. in the planning and design of the Joint Visitor's Interpretive Center and the Sqilantnu Archaeological Research Center. PURPOSE OF THE BILL The purpose of H.R. 3048, as ordered reported, is to resolve the claims of Cook Inlet Region, Inc., to lands adjacent to the Russian River in the State of Alaska. BACKGROUND AND NEED FOR LEGISLATION Section 14(h)(1) of the Alaska Native Claims Settlement Act (ANCSA, 43 U.S.C. 1601 et seq.) authorized ANCSA regional corporations to make selections of cultural sites within their region. Cook Inlet Region, Inc. (CIRI) made its section 14(h)(1) selections at Russian River 26 years ago. While the archeological resources at Russian River are well documented, adjudication of CIRI's selection has not happened, in part because of the intense interest surrounding the continued public use of the area. CIRI's Russian River selections total over 2,000 acres, 963 acres of which have been certified by the Bureau of Indian Affairs as meeting the requirements necessary for conveyance under section 14(h)(1) of ANCSA. The United States Forest Service (USFS) and the United States Fish and Wildlife Service (USFWS) had contested CIRI's selections at Russian River. For the past three years, CIRI has been negotiating with the USFS and the USFWS for lands surrounding the Russian and Kenai Rivers. The area surrounding the confluence of the Russian and Kenai Rivers is rich in archeological and cultural features. It is also the site of perhaps the most heavily-used public sports fishery in Alaska. Because of the archeological resources at Russian River, CIRI made selections under section 14(h)(1) of historical places and cemetery sites. The lands at the confluence are managed by both USFS and USFWS. The two federal agencies and CIRI have reached an agreement that requires federal legislation to become effective. The main points of the agreement are the following: The USFS campground, the USFWS ferry site, and most of the land at Russian River remains in federal ownership and control. The public maintains the right to fish the water at the confluence of the two rivers. From 502 acres of USFWS lands, CIRI is to be conveyed the limited estate of the archeological and cultural resources. CIRI is to be conveyed a 42-acre parcel of USFS land on the bluff overlooking the confluence of the Kenai and Russian Rivers and an approximately 20-acre parcel near the crossing of the Sterling Highway over the Kenai River. The 20-acre parcel is subject to Section 14(h)(1) restrictions. In addition, a public easement managed by the USFS along the banks of the Kenai River is reserved on the 20-acre parcel. With these conveyances, CIRI will relinquish its ANCSA Section 14(h)(1) selections in the area, now totaling 2,010 acres. The parties agree to pursue the construction of a public visitor's interpretive center on the 42-acres parcel for the shared use of all three parties. The visitor's center would provide information on both the natural and cultural resources of the Russian River area. The parties hope to secure a federal appropriation to build the center. In conjunction with the visitor's interpretive center, the parties agree to seek the establishment of an archeological research center that will facilitate the management of the cultural resources in the area. The parties agree that certain visitor-oriented facilities may be developed by CIRI on the 42-acre parcel. These facilities may include a lodge, dormitory housing for staff and agency people, and a restaurant. CIRI agrees to seek input from the federal agencies regarding their needs and desires for the area. The parties commit to enter into a memorandum of understanding for the purpose of ensuring the activities at Russian River are carried out in a cooperative and coordinated manner. The agreement also authorizes, but does not require, the exchange of land lying adjacent to the Sterling Highway at Russian River for important brown bear habitat near the Killey River in the Kenai Peninsula owned by CIRI. The agreement is appended to this report. In ratifying Section 5 of the agreement, the Committee has required that USFWS consult with interested parties and submit any land exchange negotiated pursuant to that authority to the Committee prior to final execution. Although ancillary to the agreement's resolution of CIRI's Section 14(h)(1) claims, the land exchange authority in Section 5 was included at the initiation of USFWS. Under the terms of Section 5 of the agreement, it is the Committee's understanding that USFWS would seek to acquire lands owned by CIRI which would be valuable additions to the Kenai National Wildlife Refuge and would provide important habitat for implementing the Kenai Peninsula Brown Bear Conservation Strategy (June 2000). Section 5 provides a framework for a negotiated exchange of lands from within the Kenai National Wildlife Refuge located near the Sterling Highway in return for the acquisition of lands owned by CIRI bordering the Killey, Upper Killey, and/or Kenai Rivers. Pursuant to the terms of Section 5, any exchange must be of equal value and the lands to be acquired by USFWS and added to the Kenai Refuge must be of higher fish and wildlife habitat value than the lands removed from the Kenai Refuge and conveyed to CIRI. Adjustments may be made to the Kenai Wilderness Area and Kenai Refuge boundaries provided that no more than 3,000 acres may be added to or removed from the Kenai Refuge, including both wilderness and non-wilderness acreage. The Committee expects that any exchange of lands pursuant to Section 5 authority will be accomplished in a manner that fully protects the public interest and retains oversight authority over the process. Through negotiation and agreement, the two federal agencies and CIRI have found a way to fulfill the intent of the Alaska Native Claims Settlement Act in a way that fully protects the interests of the public. COMMITTEE ACTION H.R. 3048 was introduced on October 4, 2001, by Congressman Don Young (R-AK). The bill was referred to the Committee on Resources. On June 5, 2002, the Committee held a hearing on the bill. On June 26, 2002, the Committee met to mark up the bill. Congressman Young offered an amendment in the nature of a substitute to: (1) direct USFWS to consult with interested parties and report to the Committee on Resources and the Senate Committee on Energy and Natural Resources on the agreement implementing Section 5 of the Agreement of July 26, 2001, reached by Cook Inlet Region, Inc., USFWS and USFS; (2) delete ``Notwithstanding any other provision of law'' from Section 3(b) of the bill as proposed by the Office of Management and Budget; and (3) provide for reimbursement for the costs incurred by USFWS, USFS, and the Kenaitze tribe in assisting Cook Inlet Region, Inc. in the planning and design of facilities at Russian River. The amendment was adopted by unanimous consent. The bill, as amended, was ordered favorably reported to the House of Representatives by unanimous consent. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII of the Rules of the House of Representatives, the Committee on Resources' oversight findings and recommendations are reflected in the body of this report. CONSTITUTIONAL AUTHORITY STATEMENT Article I, section 8 of the Constitution of the United States grants Congress the authority to enact this bill. COMPLIANCE WITH HOUSE RULE XIII 1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 2. Congressional Budget Act. As required by clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 3. General Performance Goals and Objectives. As required by clause 3(c)(4) of rule XIII, the general performance goal or objective of this bill, as ordered reported, is to resolve the claims of Cook Inlet Region, Inc. to lands adjacent to the Russian River in the State of Alaska. 4. Congressional Budget Office Cost Estimate. Under clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the Director of the Congressional Budget Office: U.S. Congress, Congressional Budget Office, Washington, DC, June 28, 2002. Hon. James V. Hansen, Chairman, Committee on Resources, House of Representatives, Washington, DC. Dear Mr. Chairman: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3048, the Russian River Land Act. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contacts are Megan Carroll (for federal costs), and Marjorie Miller (for the state and local impact). Sincerely, Barry B. Anderson (For Dan L. Crippen, Director). Enclosure. H.R. 3048--Russian River Land Act CBO estimates that implementing H.R. 3048 would cost $13.8 million in 2003, assuming appropriation of the authorized amounts. The bill would not affect direct spending or receipts; therefore, pay-as-you-go procedures would not apply. H.R. 3048 would ratify an agreement between the federal government and Cook Inlet Region, Inc., an Alaska Native regional corporation. Under that agreement, the federal government would convey to the corporation certain federal lands and interests located near the confluence of the Kenai and Russian rivers in Alaska. Specifically, the Forest Service would convey to the corporation about 62 acres of national forest land, and the U.S. Fish and Wildlife Service (USFWS) would convey the interest in archeological and cultural resources on 502 acres of national wildlife refuge lands. In exchange, the corporation would relinquish its claim to certain other federal lands in the region, which it has selected under the Alaska Native Claims Settlement Act. According to the Forest Service and the USFWS, the lands and interests that would be conveyed to the corporation currently generate no receipts and are not expected to do so over the next 10 years; hence, CBO estimates that the proposed conveyances would not affect offsetting receipts. Under the agreement ratified by the bill, the Forest Service and the USFWS would help the corporation to plan and design an interpretive center to be used by all three parties. The interpretive center would be built on one of the parcels of land conveyed to the corporation. H.R. 3048 would authorize the appropriation of $13.8 million for the Forest Service to make a payment to the corporation for the costs of constructing the proposed facility. CBO expects that the payment would be made during fiscal year 2003, assuming appropriation of the specified amount. H.R. 3048 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. Any costs that the corporation would incur as a result of the agreement ratified by this bill would be voluntary. The CBO staff contacts for this estimate are Megan Carroll (for federal costs), and Marjorie Miller (for the state and local impact). This estimate was approved by Robert A. Sunshine, Assistant Director for Budget Analysis. COMPLIANCE WITH PUBLIC LAW 104-4 This bill contains no unfunded mandates. PREEMPTION OF STATE, LOCAL OR TRIBAL LAW This bill is not intended to preempt any State, local or tribal law. CHANGES IN EXISTING LAW If enacted, this bill would make no changes in existing law.![]()