[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3048 Enrolled Bill (ENR)]
H.R.3048
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.