[107th Congress Public Law 362]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ362.107]
[[Page 116 STAT. 3021]]
Public Law 107-362
107th Congress
An Act
To resolve the claims of Cook Inlet Region, Inc., to lands adjacent to
the Russian River in the State of Alaska. <<NOTE: Dec. 19, 2002 - [H.R.
3048]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Russian River Land
Act. Contracts.>> 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
[[Page 116 STAT. 3022]]
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.
[[Page 116 STAT. 3023]]
(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.
Approved December 19, 2002.
LEGISLATIVE HISTORY--H.R. 3048:
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HOUSE REPORTS: No. 107-573 (Comm. on Resources).
SENATE REPORTS: No. 107-275 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 148 (2002):
July 22, considered and passed House.
Nov. 19, considered and passed Senate.
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