[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.


                                  
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