[Senate Report 107-275]
[From the U.S. Government Publishing Office]
Calendar No. 592
107th Congress Report
SENATE
2d Session 107-275
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RUSSIAN RIVER LAND ACT
_______
September 11, 2002.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural 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 Energy and Natural Resources, to which was
referred the Act (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, reports
favorably thereon without amendment and recommends that the Act
do pass.
PURPOSE
The purpose of H.R. 3048 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
H.R. 3048 resolves a long-standing conflict of land
selection rights and management of public activities at the
junction of the Russian and Kenai Rivers in Alaska. The public
lands at the junction of these rivers was withdrawn from
disposal by the Forest Service pursuant to public land laws and
set aside for a specific management purpose. This withdrawal
created a conflict with a historic site selection filed by Cook
Inlet Region Incorporated (``CIRI'') pursuant to section
14(h)(1) of the Alaska Native Claims Settlement Act
(``ANCSA'').
The Forest Service, the Fish and Wildlife Service, and CIRI
signed an agreement on July 26, 2001, to resolve the dispute.
The Forest Service states that the agreement incorporates a
solution that fulfills the goals of each party. The agreement
includes the following components.
The public campgrounds, parking lots, and most of
the land in the vicinity of the confluence of the Kenai and
Russian Rivers remain in Federal ownership.
The right of the public to continue fishing
remains unchanged.
The Fish and Wildlife Service will convey to CIRI
all archaeological and cultural resources from 502 acres of
National Wildlife Refuge lands.
The Forest Service will convey to CIRI 42 acres of
land overlooking the confluence of the two rivers, and a second
parcel of approximately 20 acres. The 20-acre parcel will be
subject to ANCSA 14(h)(1) provisions, which require protection
of cultural resources. In addition, a 50-foot public easement
along the bank of the Kenai River will be reserved and
administered by the Forest Service to allow continued public
fishing on the parcel.
CIRI will relinquish all ANCSA 14(h)(1) claims in
the Sqilantnu Archeological District.
The parties will pursue construction of a
visitor's center.
The agreement also authorizes, but does not
require, an exchange of land in which CIRI would receive Kenai
National Wildlife Refuge lands adjacent to the Sterling Highway
or Funny River Road or both in return for the Fish and Wildlife
Service receiving CIRI lands of equal value near the Killey
River which are important brown bear habitat.
The Forest Service states that legislation is necessary to
provide authority to convey the cultural resources on the
Refuge, convey the two National Forest parcels, and to adjust
the refuge and wilderness boundaries in the authorized
exchange.
LEGISLATIVE HISTORY
H.R. 3048 passed the House of Representatives on July 22,
2002. The Subcommittee on Public Lands and Forests held a
hearing on a companion bill, S. 1879, on June 18, 2002. At the
business meeting on July 31, 2002, the Committee on Energy and
Natural Resources ordered H.R. 3048 favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 31, 2002, by a voice vote of a quorum
present, recommends that the Senate pass H.R. 3048.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title.
Section 2 contains findings and purposes.
Section 3(a) ratifies the agreement executed by CIRI the
Department of Agriculture, and the Department of the Interior
on July 26, 2001. This subsection also states that in the event
any of the terms of the agreement conflict with any other
provision of law, the terms of the agreement shall control.
Subsection (b) states that the Secretaries of Agriculture
and the Interior are authorized to take all actions required
under the terms of the agreement.
Section 4 (a) authorizes $13.8 million to be appropriated
for the Forest Service to provide CIRI to pay costs for
planning, designing, and constructing a Joint Visitor's
Interpretive Center and an archaeological research center.
Subsection (b) states that, of the amounts appropriated
under this section, not more than one percent may be used to
reimburse the Forest Service, the Fish and Wildlife Service and
the Kenaitz Indian Tribe for the costs they incur in assisting
CIRI in the planning and design of the Joint Visitor's
Interpretive Center and The Sqilantnu Archaeological Research
Center.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office.:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 5, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, 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 legislation 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 that would be ratified by H.R. 3048, 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
authorized 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.
On June 28, 2002, CBO transmitted a cost estimate for H.R.
3048 as ordered reported by the House Committee on Resources on
June 26, 2002. The two versions of the legislation are
identical, and our cost estimates are the same.
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.
REGULATORY IMPACT EVALUATION
In compliance with Paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 3048. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 3048, as ordered reported.
EXECUTIVE COMMUNICATIONS
The Committee on Energy and Natural Resources requested
legislative reports from the Department of the Interior and the
Office of Management and Budget setting forth Executive agency
recommendations on H.R. 3048. These reports had not been
received at the time the report on H.R. 3048 was filed. When
the reports become available, the Chairman will request that
they be printed in the Congressional Record for the advice of
the Senate. The testimony provided by the Department of
Agriculture and the Fish and Wildlife Service at the
Subcommittee hearing follows:
Statement of Tom Thompson, Deputy Chief, National Forest System, USDA
Forest Service
Mr. Chairman and Members of the Subcommittee, thank you for
the opportunity to appear before you today. I am Tom Thompson,
Deputy Chief for the National Forest System, USDA Forest
Service. I am here today to provide the Department's view on S.
1879, to resolve claims of Cook Inlet Region, Inc. to land
adjacent to Russian River.
S. 1879, if enacted, would resolve a long-standing conflict
of land selection rights and management of public activities at
the junction of the Russian and Kenai Rivers in Alaska. The
public lands at the junction of these rivers was withdrawn from
disposal by the USDA Forest Service under public land laws and
set aside for a specific management purpose. This withdrawal
created a conflict with a historic site selection filed by Cook
Inlet Region Incorporated (CIR) under Section 14(h)(1) of the
Alaska Native Claims Settlement Act.
The USDA Forest Service, U.S. Fish and Wildlife Service
worked together to address legal concerns and management
objectives of all parties, On July 26, 2001, the three parties
reached agreement (Russian Rivers Section 14(h)(1) Selection
Agreement) on a solution that would fulfill the goals of each
party. The Russian River Selection 14(h)(1) Selection Agreement
provides consensus on the following points:
The public campgrounds, parking lots, and most of
the land in the vicinity of the confluence of the Kenai and
Russian Rivers remain in federal ownership
the right of the public to continue fishing
remains unchanged from the current status.
The Fish and Wildlife Service will convey to CIRI
all archaeological and cultural resources from 502 acres of
Refuge lands certified by the Bureau of Indian Affairs.
The Forest Service will convey to CIRI fee title
to a 42-acre parcel overlooking the confluence of the two
rivers, and a second parcel of about 20 acres upstream of where
the Sterling Highway crosses the Kenai River. The 20-acre
parcel will be subject to Alaska Native Claims Settlement Act
(ANCSA) 14(h)(1) provisions, which require protection of the
cultural resources. In addition, a 50-foot public easement
along the bank of the Kenai River will be reserved and
administered by the Forest Service to allow continued public
fishing on the parcel.
With these conveyances, CIRI will relinquish all
ANCSA 14(h)(1) claims in the Sqilantnu Archaeological District.
The parties will pursue construction of a public
visitor's interpretive center for the shared use of all three
parties to be built on the 42-acre parcel to be conveyed to
CIRI. The visitor's center would provide for the interpretation
of both the natural and cultural resources of the Russian River
area. Included in the subject bill is an appropriation for the
construction of the proposed visitors center.
In conjunction with the visitor's interpretive
center, the parties will pursue the establishment of an
archaeological research center and repository that will
facilitate the management of cultural resources in the area.
CIRI may develop certain visitor-oriented
facilities on the 42-acre parcel. These facilities may include
a lodge, staff housing, restaurant, etc., that would include
space for agency personnel as well as CIRI staff.
The parties will enter into a Memorandum of
Understanding for the purpose of insuring the significant
activities at Russian River are carried out in a cooperative
and coordinated manner.
The agreement also authorizes, but does not
require, an exchange of land where CIRI would receive Kenai
Refuge lands adjacent to the Sterling Highway and/or Funny
River Road in return for FWS receiving CIRI lands of equal
value near the Killey River that is important brown bear
habitat. This would provide additional lands for CIRI
development and economic benefit while protecting important
habitat and migration routes for the Kenai brown bear.
The Department of Agriculture supports the enactment of S.
1879 if amended to address concerns with the waiver in Section
3(b) that could exempt activities under the Agreement from
current law. Legislation is necessary to provide authority
currently lacking to convey the cultural resources on the
Refuge, convey the two small parcels within the Forest, and to
adjust refuge and wilderness boundaries in the potential
exchange. The bill would also ratify the Selection Agreement
already agreed to by the three parties.
We appreciate efforts by Senator Murkowski to sponsor S.
1879.
For this measure as well as S. 2222, the Department
supports authorization of exchanges through normal public
review, including title review and disclosure of the fiscal and
environmental effects of the exchanges, to ensure equal value
and full awareness of the consequences of the exchanges.
conclusion
USDA supports enactment of S. 1879 if amended to address
concerns with Section 3(b).
This concludes my testimony. I would be happy to answer any
questions that you may have.
------
Statement of David Allen, Regional Director, U.S. Fish and Wildlife
Service, Department of the Interior
Mr. Chairman and members of the Committee, I am pleased to
have the opportunity to testify today on S. 1879, a bill to
resolve Native claims to lands adjacent to the Russian River,
located on the Kenai National Wildlife Refuge and Chugach
National Forest on Alaska's Kenai Peninsula. The Department of
the Interior supports the enactment of S. 1879 if amended to
address the Administration's concerns with Section 3(b). The
bill settles all land claims in the vicinity of the confluence
of the Russian and Kenai Rivers, allows continued public use of
the area, and protects the area's vast historic and cultural
resources.
background
Over time, the Cook Inlet Region, Inc. an Alaska Native
Regional Corporation, selected nearly 2000 acres at the
confluence of the Kenai and Russian Rivers, pursuant to Section
14(h)(1) of the Alaska Native Claims Settlement Act. CIRI
valued these lands as existing cemetery sites and historical
places.
Concern by the United States over the validity of the
selections was complicated by the recreational use of the
Russian River area by the public. Each year over 50,000 anglers
fish the confluence area, primarily for sockeye salmon, and
additionally for rainbow trout and silver salmon. The economic
value to Kenai Peninsula alone is estimated at $5.8 million
annually, directly attributed to the Russian River fishery. It
has been a high priority goal to preserve the public's access
to these fertile fishing grounds.
The issues at Russian River between CIRI and the United
States have been ongoing for nearly 20 years. Three years ago
the parties decided that rather than engage in lengthy,
expensive litigation, they would negotiate a settlement
agreement that provided each party the interests it deemed
necessary. The Russian River Section 14(h)(1) Selection
Agreement was signed by the three principals in July 2001. The
Agreement provides consensus on the following points:
The public campgrounds, parking lots, and most of
the land in the vicinity of the confluence of the Kenai and
Russian Rivers remain in federal ownership and control.
Legislation is necessary to provide authority currently
lacking to convey the cultural resources on the Refuge, convey
the two small parcels within the Forest, and to adjust refuge
and wilderness boundaries in the potential exchange. It would
also ratify the Selection Agreement already agreed to by the
three parties. The Administration is concerned with the waiver
in section 3(b) that could exempt activities under the
Agreement from current law. The Administration supports
authorization of exchanges through normal public review,
including title review and disclosure of the fiscal and
environmental effects of the exchanges, to ensure equal value
and full awareness of the consequences of the exchanges.
Finally, the bill includes an authorization of
appropriation for $13.8 million to the Department of
Agriculture for the construction of the visitors interpretive
center and archaeological research center.
summary and conclusions
S. 1879, if enacted, would resolve long standing issues of
land ownership and land entitlement at one of the most popular
public recreation locations in Alaska. It would provide for the
conveyance of land and interests in land to Cook Inlet Region,
Inc., an Alaska Native Regional Corporation for cultural
preservation and economic benefit. It would provide for
continued public use of the most popular salmon fishing site in
the State of Alaska, and continued federal management of the
natural resources of the area. It would ratify the provisions
of the Russian River Selection Agreement which provides mutual
benefits for Alaska Natives, the general public and agencies of
the United States. We would support passage of S. 1879 if
amended to address Administration concerns with Section 3(b).
Mr. Chairman, this concludes my prepared statement. I would
be pleased to answer any questions that you or the other
members may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the Act H.R. 3048, as
ordered reported.