[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.

                          ____________________