[House Report 107-573]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-573
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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.