[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4607 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4607

   To establish the Vancouver National Heritage Area, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 1994

 Mrs. Unsoeld introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To establish the Vancouver National Heritage Area, and for other 
                               purposes.

    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 ``Vancouver National Heritage Area 
Partnership Act of 1994''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The lower Columbia River basin and Vancouver have been 
        the focal point of a number of important periods, themes, and 
        events in American history and pre-history, including native 
        settlements, westward expansion of the British colonies and the 
        United States from 1763-1898, political and military affairs 
        from 1865 to 1939, and military affairs from 1914-1941.
            (2) The Columbia River is the central feature around which 
        the history of the Vancouver National Heritage Area and the 
        entire Pacific Northwest revolves. The heritage area is located 
        on the shores of the Columbia River 78 miles from the Pacific 
        Ocean. The Columbia River has been an artery for communication 
        and trade since prehistoric times.
            (3) Fort Vancouver National Historic Site, a unit of the 
        National Park System, was founded in 1825 by the Hudson Bay 
        Company and its development from 1825 to 1860 was seminal to 
        Euro-American settlement of the Northwest.
            (4) The Vancouver Barracks served as the principal 
        administrative outpost of the United States Army in the Pacific 
        Northwest from 1849 until World War I, served as a command post 
        during the Native American Wars of the mid to late 19th 
        century, and provided major facilities for support of United 
        States military ventures throughout the Pacific during the 
        Spanish American War and the two World Wars.
            (5) Pearson Airfield was the site of significant events in 
        the history of aviation in the Pacific Northwest and was 
        particularly prominent during the interwar period between 1923-
        1941. Today, Pearson Airfield continues to be an important home 
        to historic aircraft and historic aviation.
            (6) The heritage area contains a number of discovered and 
        unrecovered archaeological sites significant to the history of 
        North America and the growth of the United States.
            (7) The heritage area is located close to major 
        metropolitan areas, including Portland, Tacoma, and Seattle and 
        immediately adjacent to Interstate 5, the major north-south 
        interstate of the Pacific Northwest.
            (8) Many Federal, State, and local government entities, as 
        well as numerous private organizations and individuals (A) have 
        expressed a desire to join forces and work together in a 
        cooperative spirit in order to preserve, interpret, and enhance 
        the cultural, recreational, and educational potential of the 
        heritage area, and (B) have already demonstrated their ability 
        to effectively cooperate in the course of preparing the 
        ``Vancouver National Historical Reserve Feasibility Study and 
        Environmental Assessment'', as required by Public Law 101-523.
    (b) Purpose.--It is the purpose of this Act--
            (1) to preserve, enhance, and interpret the significant 
        aspects of the lands, water, structures and history of the 
        heritage area, and
            (2) to provide a partnership that will develop and 
        implement an integrated cultural, historical, recreational, and 
        educational land resource management program in order to 
        achieve these purposes.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``member agencies'' means the entities 
        specified in paragraphs (1) through (4) of section 5(b);
            (2) the term ``Partnership'' means the Vancouver National 
        Heritage Area Partnership established by section 5;
            (3) the term ``Pearson economic plan'' means the Pearson 
        Airpark economic viability and mitigation plan required under 
        section 10(8);
            (4) the term ``heritage area'' means the Vancouver National 
        Heritage Area established by section 4;
            (5) the term ``management plan'' means the plan developed 
        and submitted under section 9;
            (6) the term ``Secretary'' means the Secretary of the 
        Interior; and
            (7) the term ``Chairperson'' means the Chairperson of the 
        Partnership as specified in section 5(e).

SEC. 4. VANCOUVER NATIONAL HERITAGE AREA.

    (a) Establishment.--There is hereby established the Vancouver 
National Heritage Area.
    (b) Areas To Be Included in the Heritage Area.--The heritage area 
shall be comprised of approximately 366 acres of publicly owned land, 
as generally depicted on the map entitled ``Vancouver National Historic 
Reserve--Proposed Reserve Area'', contained in the report entitled 
``Vancouver National Historical Reserve Feasibility Study and 
Environmental Assessment'' at page 97, published by the Vancouver 
Historical Study Commission, and dated April 1993. The map shall be on 
file and available for public inspection in the offices of the Director 
of the National Park Service. The heritage area shall include the 
following lands and facilities:
            (1) Fort Vancouver National Historic Site.
            (2) Vancouver Barracks.
            (3) Pearson Airfield and Museum.
            (4) Officers Row.
            (5) Old Apple Tree Park.
            (6) Marine Park.
            (7) The area of the Columbia River waterfront identified in 
        such map.
            (8) The land and easements dedicated to the city of 
        Vancouver for a waterfront trail within the Columbia Shores 
        property.
            (9) A pedestrian-only path between the Marine Park and the 
        southeastern corner of the heritage area at Columbia Way.

SEC. 5. VANCOUVER NATIONAL HERITAGE AREA PARTNERSHIP.

    (a) Establishment.--There is established the Vancouver National 
Heritage Area Partnership. The purpose of the Partnership shall be to 
oversee the protection, enhancement, and development of the heritage 
area. The Partnership shall--
            (1) be a forum for cooperation and coordination between the 
        public agencies represented in the heritage area;
            (2) make reasonable efforts to minimize staffing, 
        development, and operational costs to each member agency;
            (3) promote the coordinated protection, use and 
        interpretation of the cultural, recreational, and educational 
        resources of the heritage area;
            (4) identify additional opportunities for public use and 
        enjoyment of the heritage area;
            (5) develop and implement a management plan as required in 
        section 9 for the areas specified in section 4(b); and
            (6) be formalized by the compact described in section 8.
    (b) Membership.--The Partnership shall be comprised of five members 
appointed by the Secretary, in consultation with member agencies, no 
later than six months after the date of the enactment of this Act who 
represent the interests of the following:
            (1) The Department of the Interior, National Park Service.
            (2) The State of Washington.
            (3) Department of the Army.
            (4) City of Vancouver.
            (5) The general public, selected from the citizenry of the 
        State of Washington, appointed after consultation with the 
        Governor of the State of Washington and the Mayor of Vancouver.
    (c) Terms of Service for Members of the Partnership.--(1) Members 
of the Partnership shall be appointed for terms of three years and may 
be reappointed.
    (2) Any member appointed to fill a vacancy occurring before the 
expiration of the term for which the member's predecessor was appointed 
shall be appointed only for the remainder of such term. Any member of 
the Partnership appointed for a definite term may serve after the 
expiration of their term until the member's successor has taken office.
    (d) Compensation for Members of the Partnership.--Members of the 
Partnership shall receive no pay on account of their service on the 
Partnership, but while away from their homes or regular places of 
business in the performance of services for the Partnership, members of 
the Partnership shall be allowed travel expenses, including per diem in 
lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703 of title 5, United States Code.
    (e) Chairperson.--The Chairperson of the Partnership shall be 
elected by the members of the Partnership for a term of two years.
    (f) Quorum.--Three members of the Partnership shall constitute a 
quorum. The affirmative vote of not less than three members shall be 
required to approve the budget of the Partnership.
    (g) Meetings.--The Partnership shall hold its first meeting not 
later than 90 days after the date on which its members are appointed 
and shall meet at least quarterly at the call of the Chairperson or a 
majority of its members. Meetings shall be subject to section 552(b) of 
title 5, United States Code.
    (h) Proxy.--Any member of the Partnership may vote by means of a 
signed proxy exercised by another member of the Partnership, but any 
member so voting shall not be considered present for purposes of 
establishing a quorum.

SEC. 6. STAFF OF THE PARTNERSHIP.

    (a) In General.--The Partnership shall have the power to appoint 
and fix compensation of such staff as may be necessary to carry out its 
duties.
    (b) Experts and Consultants.--Subject to such rules as may be 
adopted by the Partnership, the Partnership may procure temporary and 
intermittent services to the same extent as is authorized by section 
3109(b) of title 5, United States Code, but at rates determined by the 
Partnership to be reasonable.
    (c) Staff of Other Agencies.--(1) Upon request of the Partnership, 
the head of any Federal agency may detail, on a reimbursable basis, any 
of the personnel of such agency to the Partnership to assist the 
Partnership in carrying out the Partnership's duties.
    (2) The Partnership may accept the service of personnel detailed 
from the State, or any political subdivision or regional planning 
organization, and may reimburse the State, political subdivision, or 
regional planning organization for those services.

SEC. 7. POWERS OF THE PARTNERSHIP.

    (a) Hearings.--(1) The Partnership may, for the purposes of 
carrying out this Act, hold hearings, sit and act at such times and 
places, take such testimony, and receive such evidence, as the 
Partnership considers appropriate.
    (2) The Partnership may not issue subpoenas or exercise any 
subpoena authority.
    (b) Powers of Members and Agents.--Any member or agent of the 
Partnership, if so authorized by the Partnership, may take any action 
which the Partnership is authorized to take by this Act. Members of the 
Partnership shall continue to exercise primary management 
responsibility for the facilities and lands over which they currently 
have jurisdiction.
    (c) Administrative Support Services.--The Administrator of the 
General Services Administration shall provide to the Partnership on a 
reimbursable basis such administrative support services as the 
Partnership may request.
    (d) Mails.--The Partnership may use the United States mails in the 
same manner and under the same conditions as other departments and 
other agencies of the United States.
    (e) Use of Funds To Obtain Money.--The Partnership may use its 
funds to obtain money from any source under any program or law 
requiring the recipient of such money to make a contribution in order 
to receive such money.
    (f) Gifts.--(1) The Partnership may, for purposes of carrying out 
its duties, seek, accept, and dispose of gifts, bequests, or donations 
of money, personal property, or services, received from any source.
    (2) For purposes of section 170(c) of the Internal Revenue Code of 
1986, any gift to the Partnership shall be deemed to be a gift to the 
United States.
    (g) Acquisition of Real Property.--(1) Except as provided in 
paragraph (2) and except with respect to any leasing of facilities 
under subsection (c), the Partnership may not acquire any real property 
or interest in real property.
    (2) Subject to paragraph (3), the Partnership may acquire real 
property or interest in real property in the heritage area--
            (A) by gift or devise; or
            (B) by purchase from a willing seller with money that was 
        given, appropriated, or bequeathed to the Partnership on the 
        condition that such money would be used to purchase real 
        property, or interest in real property, in the heritage area.
    (3) Any real property or interest in real property acquired by the 
Partnership under paragraph (2) shall be conveyed by the Partnership to 
an appropriate public or private land management agency, as determined 
by the Partnership. Any such conveyance shall be made--
            (A) as soon as practicable after such acquisition;
            (B) with or without consideration; and
            (C) on the condition that the real property or interest in 
        real property so conveyed is used for public purposes.
    (h) Transfer of Real Property.--A Member agency may transfer title 
of parcels of land and improvements thereon to other member agencies 
upon recommendation of the Partnership and the approval of the affected 
member agency.
    (i) Cooperative Agreements.--For purposes of carrying out the 
management plan referred to in section 9, the Partnership may enter 
into cooperative agreements with any State, or any political 
subdivision thereof, or with any person or organization. Any such 
cooperative agreement shall, at a minimum, establish procedures for 
providing notice to the Partnership of any action proposed by the 
State, such political subdivision, or such person which may affect 
implementation of the management plan referred to in section 9.
    (j) Advisory Groups.--The Partnership may establish such advisory 
groups as it deems necessary to ensure open communication with, and 
assistance from, the State, political subdivisions of the State, 
regional planning organizations and interested persons.

SEC. 8. COMPACT BETWEEN MEMBERS OF THE PARTNERSHIP.

    Within 12 months after it conducts its first meeting, the 
Partnership shall prepare, sign, and submit to the Secretary a compact. 
The compact shall be prepared with public participation. The compact 
shall function as a memorandum of agreement between the members of the 
Partnership. The compact shall include but is not limited to--
            (1) identification of the partners in the heritage area;
            (2) identification of the goals and objectives of the 
        heritage area and identification of the basic responsibilities 
        of the members of the Partnership with respect to the purpose 
        of the heritage area; and
            (3) a brief outline of the objectives that are likely to be 
        included in the management plan in order to achieve the purpose 
        of the heritage area.

SEC. 9. HERITAGE AREA MANAGEMENT PLAN.

    (a) In General.--(1) Within 36 months after it conducts its first 
meeting, the Partnership shall develop and submit the heritage area 
management plan to the Secretary for review and approval. The 
management plan shall define a timetable for various actions of the 
Partnership and for development of the specific programs and facilities 
of the heritage area.
    (2) The management plan shall require the Partnership to produce an 
interpretive plan for the heritage area that provides a framework for 
all the institutions within the heritage area to incorporate 
information on the overlapping continuum of history represented in the 
heritage area and shall address all joint facilities programs.
    (b) Items Included.--The management plan shall include, but is not 
limited to--
            (1) the requirements for the interpretive plan;
            (2) the requirements pertaining to Pearson Airpark, subject 
        to section 10; and
            (3) the Pearson Airpark economic viability and mitigation 
        plan as specified in section 10.
    (c) Amendment and Review of the Management Plan.--Every five years 
the Partnership shall evaluate the progress made in implementing the 
management plan and shall submit to the Secretary a revised management 
plan for the Secretary's review and approval.

SEC. 10. PEARSON AIRPARK.

    The management plan shall permit general aviation at Pearson 
Airpark to continue, subject to the following conditions:
            (1) Pearson Field and Air Museum shall be operated by the 
        city of Vancouver or its designated entity.
            (2) The city of Vancouver pays the National Park Service a 
        fee of $1 per year for the continued use and occupancy of the 
        Airpark and Air Museum on National Park Service property.
            (3) All nonhistoric, aviation-related buildings and 
        devices, including T-hangers and associated taxiways, shall be 
        removed by the city of Vancouver from National Park Service 
        property by the year 2003, except those necessary for 
        navigation and safety.
            (4) The city of Vancouver shall not be compensated for 
        historic buildings remaining on National Park Service property, 
        but shall be liable and responsible for continued use and 
        maintenance of these structures.
            (5) Approval of the National Park Service is required for 
        all structural improvements and structural additions to the Air 
        Museum for those structures and facilities of the Air Museum 
        located on property of the National Park Service.
            (6) Helicopters shall not be based at Pearson Airpark 
        except as necessary to accommodate emergency, disaster, or 
        national security needs.
            (7) The total number of airworthy aircraft based at the 
        Pearson Airpark shall be determined by the Pearson economic 
        plan in agreement with the Partnership.
            (8) Within 36 months after the first meeting of the 
        Partnership, as part of the management plan, the Partnership 
        shall prepare the Pearson Airpark economic viability and 
        mitigation plan. The Pearson economic plan shall require the 
        following:
                    (A) The Partnership shall report to Congress by 
                2022 regarding the advisability of continuing to base 
                some general aviation aircraft at Pearson Airpark, 
                taking into account their impact on National Park 
                Service operations, the needs of the community, and 
                whether or not general aviation aircraft are necessary 
                to support the economic viability of the historic 
                aircraft mission within the heritage area. The report 
                may be submitted separately from the management plan, 
                but must be submitted prior to 2022.
                    (B) Incentives and regulations to encourage a 
                transition from basing predominantly general aviation 
                aircraft to basing historic aircraft. The transition 
                shall be completed by April 3, 2022. After April 3, 
                2022, no general aviation aircraft shall be based at 
                Pearson Airpark unless a continuation of general 
                aviation is expressly authorized by an Act of Congress 
                enacted after this Act and before April 3, 2022. For 
                the purposes of this subparagraph, the term ``historic 
                aircraft'' means any aircraft which is based on a 
                design (i) from the World War II era or earlier, (ii) 
                which is 50 years or older, or (iii) which, as 
                determined by a qualified Aviation Advisory Group 
                selected by the Partnership, is of historical 
                significance.
                    (C) A program to mitigate any conflicts related to 
                the operation of the Airpark and other activities 
                within the heritage area. The mitigation program shall, 
                in coordination with the Federal Aviation 
                Administration and other agencies, address (but not be 
                limited to) noise, safety, visual intrusion, and the 
                location of new facilities.
                    (D) A Pearson Airpark Museum Plan, including 
                budgetary strategies by which proceeds from general 
                aviation and other sources fund the museum and other 
                aviation curation activities.

SEC. 11. DUTIES AND POWERS OF THE SECRETARY OF THE INTERIOR.

    (a) In General.--The National Park Service shall have the lead 
Federal agency role for--
            (1) developing and implementing the management plan; and
            (2) for planning, designing, constructing, and supervising 
        all common heritage area facilities.
    (b) Assistance in Preparing the Compact and Management Plan.--Upon 
request of the Partnership, the Secretary may--
            (1) provide matching grants to assist in studies to prepare 
        the compact and management plan;
            (2) provide technical assistance in preparing and 
        developing the compact and management plan; and
            (3) elect to provide all or part of the technical 
        assistance in the conduct of studies, compacts, plans, and 
        early action plans through cooperative agreements with units of 
        government and private nonprofit organizations.
    (c) Approval and Disapproval of Compacts and Management Plans.--(1) 
The Secretary, in consultation with the Partnership, shall approve or 
disapprove a compact or management plan submitted under this Act not 
later than 90 days after receiving such compact or management plan.
    (2) If the Secretary disapproves a submitted compact or management 
plan, the Secretary shall advise the Partnership in writing of the 
reasons therefor and shall make recommendations for revisions in the 
compact or plan. The Secretary shall approve or disapprove a proposed 
revision within 90 days after the date it is submitted.
    (d) Approving Amendments.--The Secretary shall review substantial 
amendments to the management plan. Funds appropriated pursuant to this 
Act may not be expended to implement the amendments until the Secretary 
approves the amendments.
    (e) Assistance in Implementing the Heritage Area Management Plan.--
(1) The Secretary may, upon request of the Partnership, provide 
technical and financial assistance to develop and implement the 
heritage area management plan.
    (2) The Secretary is authorized to spend Federal funds directly on 
nonfederally owned property to further the purposes of this Act.
    (3) In cooperation with other Federal agencies, the Secretary shall 
provide the general public with information as to the location and 
character of components of the heritage area.

SEC. 12. DUTIES OF OTHER FEDERAL ENTITIES.

    (a) Duties of Federal Entities.--Any Federal entity conducting or 
supporting activities directly affecting the heritage area, and any 
unit of government acting pursuant to a grant of Federal funds or a 
Federal permit or agreement conducting or supporting such activities 
shall, to the maximum extent practicable--
            (1) consult with the Secretary and the Partnership with 
        respect to such activities;
            (2) cooperate with the Secretary and the Partnership in 
        carrying out their duties under this Act and coordinate such 
        activities with the carrying out of such duties; and
            (3) conduct or support such activities in a manner 
        consistent with the management plan unless the Federal entity, 
        after consultation with the Partnership, determines there is no 
        practicable alternative.
    (b) Assistance Under Other Laws.--Nothing in this Act shall be 
deemed to prohibit the Secretary or other units of government from 
providing technical or financial assistance permissible under any other 
provisions of law.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated such funds 
as may be necessary to carry out this Act. Such amounts are in addition 
to amounts authorized to be appropriated for the Fort Vancouver 
National Historic Site.
    (b) Cost Share.--The Federal share of the costs for the heritage 
area in any fiscal year may not exceed 50 percent of the total costs of 
the heritage area for that fiscal year and shall be provided on a 
matching basis. The non-Federal share of such support may be in the 
form of cash, services, or in-kind contributions, fairly valued.

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