Text: H.R.3048 — 107th Congress (2001-2002)All Information (Except Text)

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Public Law No: 107-362 (12/19/2002)

 
[107th Congress Public Law 362]
[From the U.S. Government Printing Office]


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[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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