IIB
107TH CONGRESS
2D SESSION
H. R. 3048
IN THE SENATE OF THE UNITED STATES
JULY 23, 2002
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To resolve the claims of Cook Inlet Region, Inc., to lands
adjacent to the Russian River in the State of Alaska.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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 find-
ings:
(1) Certain lands adjacent to the Russian River
in the area of its confluence with the Kenai River
contain abundant archaeological resources of signifi-
cance 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 Rus-
sian River and Kenai River contain abundant fish-
eries 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 re-
ferred 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 Man-
agement, the Federal agency responsible for the ad-
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judication of ANCSA selections has not finished ad-
judicating Cook Inlet Region, Inc.’s selections under
section 14(h)(1) of that Act as of the date of the en-
actment 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 pre-
historic 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 cur-
rently responsible for the administration of public
activities, archaeological features, and natural re-
sources.
(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 Na-
tional 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 nat-
ural resources.
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(8) The area addressed by this Act lies within
the Sqilantnu Archaeological District which was de-
termined eligible for the National Register of His-
toric 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 liti-
gation; 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.
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(11) Legislation is required to enact the resolu-
tion 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, cov-
enants, and procedures set forth in the document
entitled ‘‘Russian River Section 14(h)(1) Selection
Agreement’’, which was executed by Cook Inlet Re-
gion, Inc., the United States Department of Agri-
culture, and the United States Department of the
Interior on July 26, 2001, (hereinafter in this Act
referred to as the ‘‘Agreement’’), are hereby incor-
porated 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:
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(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 ex-
change 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 appro-
priated 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 fol-
lowing:
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(1) Costs for the planning and design of the
Joint Visitor’s Interpretive Center.
(2) Planning and design of the Sqilantnu Ar-
chaeological Research Center.
(3) Construction of these facilities to be estab-
lished 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 Interpre-
tive Center and the Sqilantnu Archaeological Research
Center.
Passed the House of Representatives July 22, 2002.
Attest:
JEFF TRANDAHL,
Clerk.