[Congressional Record Volume 148, Number 100 (Monday, July 22, 2002)]
[House]
[Pages H4998-H4999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RUSSIAN RIVER LAND ACT
Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and
pass 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, as
amended.
The Clerk read as follows:
H.R. 3048
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alaska (Mr. Young) and the gentleman from American Samoa (Mr.
Faleomavaega) each will control 20 minutes.
The Chair recognizes the gentleman from Alaska (Mr. Young).
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Speaker, I want to congratulate your ability
to pronounce the name of my good friend from American Samoa.
This legislation, H.R. 3048, introduced by myself, ratifies a land
settlement at Russian River on the Kenai Peninsula in Alaska.
Section 14(h)(1) of the Alaska Native Claims Settlement Act
authorized ANCSA corporations to make selections of cultural sites
within their region.
Cook Inlet Region, Inc., selected historical sites and cemetery sites
26 years ago. Initially, the U.S. Fish and Wildlife Service and U.S.
Forest Service, which jointly managed the land at issue, contested
CIRI's selections. Not only is the area surrounding the confluence of
the Russian and Kenai Rivers rich in archeological and cultural
features, but it is also the site of perhaps the most heavily used
public sports fishery in Alaska.
For the past 3 years, CIRI has been negotiating with Fish and
Wildlife and the Forest Service for lands surrounding the confluence of
the Russian and Kenai Rivers. On July 26, 2001, all three parties
reached an agreement which allows the public to maintain the right to
fish the waters at the confluence of the two rivers. Without Federal
legislation, this agreement could not be ratified. I urge my colleagues
to support this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I certainly would like to commend the
distinguished gentleman from Alaska (Mr. Young) not only as a former
chairman of our Committee on Resources but now as chairman of the
distinguished Committee on Transportation and Infrastructure.
[[Page H4999]]
I am pleased to rise in support of H.R. 3048, in support of the
legislation introduced by my good friend, the gentleman from Alaska
(Mr. Young).
Mr. Speaker, this legislation is intended to resolve a longstanding
dispute over ownership of lands at the junction of the Russian and
Kenai Rivers in Alaska. It accomplishes that goal by ratifying an
agreement negotiated between the U.S. Forest Service, the U.S. Fish and
Wildlife Service, and the Cook Inlet Region, Incorporated, or CIRI.
CIRI is one of the regional corporations formed under the Alaska Native
Claims Settlement Act of 1971 to manage lands and financial assets for
its Alaska Native shareholders.
Asserting claims under the authority of section 14(h)(1) of the
settlement act, CIRI sought title to 2,000 acres of public lands at the
conflux of the two rivers. This area was considered by CIRI to qualify
as a historic site under the settlement act. But it also is one of the
most popular recreational fishing areas in Alaska.
Both the Forest Service and the Fish and Wildlife Service opposed
outright the conveyance to CIRI of these lands from the Chugach
National Forest and the Kenai National Wildlife Refuge.
As an alternative to prolonged and uncertain litigation, the three
parties reached an agreement on July of 2001 which seeks to fairly
balance and accommodate CIRI's interests in the cultural history and
archeological assets as well as the public interest in the recreational
and fish and wildlife resources of this area.
Under the agreement, the Forest Service will convey to CIRI fee title
to two parcels of land totaling only 62 acres. The Fish and Wildlife
Service will also convey to CIRI the archeological and cultural
resources from some 502 acres to the Kenai Refuge lands.
In addition, CIRI will develop a visitors center and other facilities
on the 42-acre parcel. The bill provides for an appropriation of $13.8
million to support that endeavor to showcase the native history of this
region.
Mr. Speaker, in return for those assets and financial assistance,
CIRI agrees to relinquish its section 14(h)(1) claims allowing the
majority of the lands at issue to remain in public ownership as part of
the national forest and national wildlife refuge. The right of public
access to continue fishing in the Kenai and Russian Rivers and to make
use of the campgrounds is also maintained.
Finally, the agreement authorizes, but does not require, an exchange
of additional lands between CIRI and the Fish and Wildlife Service. Any
such exchange would be of equal value and affect no more than 3,000
acres of the Kenai Refuge boundaries.
While such preauthorization of the exchange that could affect refuge
wilderness boundaries is unusual and not unprecedented, in this case we
have been assured by the Fish and Wildlife Service that any agreed-to
exchange of lands would clearly be in the best interest of the Kenai
Refuge and the public.
It is our understanding that if the Service desires to acquire lands
from the CIRI which would have higher value for implementing the Kenai
Peninsula Brown Bear Conservation Strategy than would any lands
conveyed from the refuge to CIRI in exchange, we expect the service
will consult with the committee in the development of any exchange
using this authority and have added language to the bill concerning the
public process and submission for any proposed exchange to the
committee prior to final approval.
{time} 1500
In closing, Mr. Speaker, I congratulate the gentleman from Alaska for
bringing this bill before us today. I also applaud CRI, the Forest
Service and the Fish and Wildlife Service for their work on the
agreement. This is a consensus-based and creative solution to a complex
land management problem.
I urge the passage of this legislation, and on behalf of the
gentleman from West Virginia (Mr. Rahall), the ranking member of this
party on this side of the aisle and the members of the committee, I
urge my colleagues to support passage of this legislation.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield back the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I have no other speakers, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Stearns). The question is on the motion
offered by the gentleman from Alaska (Mr. Young) that the House suspend
the rules and pass the bill, H.R. 3048, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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