[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3819 Engrossed in House (EH)]
2d Session
H. R. 3819
_______________________________________________________________________
AN ACT
To redesignate Fort Clatsop National Memorial as the Lewis and Clark
National Historical Park, to include in the park sites in the State of
Washington as well as the State of Oregon, and for other purposes.
108th CONGRESS
2d Session
H. R. 3819
_______________________________________________________________________
AN ACT
To redesignate Fort Clatsop National Memorial as the Lewis and Clark
National Historical Park, to include in the park sites in the State of
Washington as well as the State of Oregon, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--LEWIS AND CLARK NATIONAL HISTORICAL PARK DESIGNATION ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Lewis and Clark National
Historical Park Designation Act''.
SEC. 102. DEFINITIONS.
As used in this title:
(1) Park.--The term ``park'' means the Lewis and Clark
National Historical Park designated in section 103.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 103. LEWIS AND CLARK NATIONAL HISTORICAL PARK.
(a) Designation.--In order to preserve for the benefit of the
people of the United States the historic, cultural, scenic, and natural
resources associated with the arrival of the Lewis and Clark Expedition
in the lower Columbia River area, and for the purpose of commemorating
the culmination and the winter encampment of the Lewis and Clark
Expedition in the winter of 1805-1806 following its successful crossing
of the North American Continent, there is designated as a unit of the
National Park System the Lewis and Clark National Historical Park.
(b) Boundaries.--The boundaries of the park are those generally
depicted on the map entitled ``Lewis and Clark National Historical
Park, Boundary Map'', numbered 405/80027, and dated December 2003, and
which includes--
(1) lands located in Clatsop County, Oregon, which are
associated with the winter encampment of the Lewis and Clark
Expedition, known as Fort Clatsop and designated as the Fort
Clatsop National Memorial by Public Law 85-435, including the
site of the salt cairn (specifically, lot number 18, block 1,
Cartwright Park Addition of Seaside, Oregon) used by that
expedition and adjacent portions of the old trail which led
overland from the fort to the coast;
(2) lands identified as ``Fort Clatsop 2002 Addition
Lands'' on the map referred to in this subsection; and
(3) lands located along the lower Columbia River in the
State of Washington associated with the arrival of the Lewis
and Clark Expedition at the Pacific Ocean in 1805, which are
identified as ``Station Camp'', ``Clark's Dismal Nitch'', and
``Cape Disappointment'' on the map referred to in this
subsection.
(c) Acquisition of Land.--
(1) Authorization.--The Secretary is authorized to acquire
land, interests in land, and improvements therein within the
boundaries of the park, as identified on the map referred to in
subsection (b), by donation, purchase with donated or
appropriated funds, exchange, transfer from any Federal agency,
or by such other means as the Secretary deems to be in the
public interest.
(2) Consent of landowner required.--The lands authorized to
be acquired under paragraph (1) (other than corporately owned
timberlands within the area identified as ``Fort Clatsop 2002
Addition Lands'' on the map referred to in subsection (b)) may
be acquired only with the consent of the owner.
(3) Acquisition of fort clatsop 2002 addition lands.--If
the owner of corporately owned timberlands within the area
identified as ``Fort Clatsop 2002 Addition Lands'' on the map
referred to in subsection (b) agrees to enter into a sale of
such lands as a result of actual condemnation proceedings or in
lieu of condemnation proceedings, the Secretary shall enter
into a memorandum of understanding with the owner regarding the
manner in which such lands shall be managed after acquisition
by the United States.
(d) Cape Disappointment.--
(1) Transfer.--Subject to valid rights (including
withdrawals), the Secretary shall transfer to the Director of
the National Park Service management of any Federal land at
Cape Disappointment, Washington, that is within the boundary of
the park.
(2) Withdrawn land.--
(A) Notice.--The head of any Federal agency that
has administrative jurisdiction over withdrawn land at
Cape Disappointment, Washington, within the boundary of
the park shall notify the Secretary in writing if the
head of the Federal agency does not need the withdrawn
land.
(B) Transfer.--On receipt of a notice under
subparagraph (A), the withdrawn land shall be
transferred to the administrative jurisdiction of the
Secretary, to be administered as part of the park.
(3) Memorial to thomas jefferson.--All withdrawals of the
20-acre parcel depicted as a ``Memorial to Thomas Jefferson''
on the map referred to in subsection (b) are revoked, and the
Secretary shall establish a memorial to Thomas Jefferson on the
parcel.
(4) Management of cape disappointment state park land.--The
Secretary may enter into an agreement with the State of
Washington providing for the administration by the State of the
land within the boundary of the park known as ``Cape
Disappointment State Park''.
(e) Map Availability.--The map referred to in subsection (b) shall
be on file and available for public inspection in the appropriate
offices of the National Park Service.
SEC. 104. ADMINISTRATION.
(a) In General.--The park shall be administered by the Secretary in
accordance with this title and with laws generally applicable to units
of the National Park System, including the Act of August 25, 1916 (39
Stat. 535; 16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (49
Stat. 666; 16 U.S.C. 461 et seq.).
(b) Management Plan.--Not later than 3 years after funds are made
available for this purpose, the Secretary shall prepare an amendment to
the General Management Plan for Fort Clatsop National Memorial to guide
the management of the park.
(c) Cooperative Management.--In order to facilitate the
presentation of a comprehensive picture of the Lewis and Clark
Expedition's experiences in the lower Columbia River area and to
promote more efficient administration of the sites associated with
those experiences, the Secretary may enter into cooperative management
agreements with appropriate officials in the States of Washington and
Oregon in accordance with the authority provided under section 3(l) of
Public Law 91-383 (112 Stat. 3522; 16 U.S.C. 1a-2).
SEC. 105. REPEAL OF SUPERSEDED LAW.
(a) In General.--Public Law 85-435 (72 Stat. 153; 16 U.S.C. 450mm
et seq.), regarding the establishment and administration of Fort
Clatsop National Memorial, is repealed.
(b) References.--Any reference in any law (other than this title),
regulation, document, record, map or other paper of the United States
to ``Fort Clatsop National Memorial'' shall be considered a reference
to the ``Lewis and Clark National Historical Park''.
SEC. 106. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this title shall be
construed to--
(1) require any private property owner to permit public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private lands.
(b) Liability.--Designation of the park shall not be considered to
create any liability, or to have any effect on any liability under any
other law, of any private property owner with respect to any persons
injured on such private property.
(c) Recognition of Authority to Control Land Use.--Nothing in this
title shall be construed to modify any authority of Federal, State, or
local governments to regulate the use of private land within the
boundary of the park.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
TITLE II--LEWIS AND CLARK EASTERN LEGACY STUDY
SEC. 201. DESIGNATION OF ADDITIONAL SITES FOR STUDY.
(a) Study.--
(1) In general.--The Secretary of the Interior shall
update, with an accompanying map, the 1958 Lewis and Clark
National Historic Landmark theme study to determine the
historical significance of the eastern sites of the Corps of
Discovery expedition used by Meriwether Lewis and William
Clark, whether independently or together, in the preparation
phase starting at Monticello, Virginia, and traveling to Wood
River, Illinois, and the return phase from Saint Louis,
Missouri, to Washington, District of Columbia, including sites
in Virginia, Washington, District of Columbia, Maryland,
Delaware, Pennsylvania, West Virginia, Ohio, Kentucky,
Tennessee, Indiana, and Illinois.
(2) Focus of update; nomination and addition of
properties.--The focus of the study under paragraph (1) shall
be on developing historic context information to assist in the
evaluation and identification, including the use of plaques, of
sites eligible for listing in the National Register of Historic
Places or designation as a National Historic Landmark.
(b) Report.--Not later than 1 year after funds are made available
for the study under this section, the Secretary shall submit to the
Committee on Resources in the House of Representatives and the
Committee on Energy and Natural Resources in the Senate a report
describing any findings, conclusions, and recommendations of the study.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
Passed the House of Representatives July 19, 2004.
Attest:
Clerk.