[Senate Report 107-275]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 592
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-275
======================================================================
 
                         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lands at the junction of these rivers was withdrawn from 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.

                                
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