Statement of David Allen

Regional Director

U.S. Fish and Wildlife Service

Department of the Interior

Before the

Senate Committee on Energy and Natural Resources

On, S. 1879 a bill to resolve the claims of Cook Inlet Region, Inc.

to lands adjacent to the Russian River in the State of Alaska.

June 18, 2002

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 interest 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.

• 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 ANCSA §14(h)(1) provisions which require protection of the cultural resources. In addition, a 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 area.



• 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 interpretation of both the natural and cultural resources of the Russian River area. Included in the subject bill is an appropriation for construction of the proposed visitor center.



• In conjunction with the visitor's interpretive center, the parties will pursue establishment of an archaeological research center and repository that will facilitate the management of the 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., which 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 which are 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 which has been designated by the State of Alaska as a species of special concern.

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.