[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3819 Enrolled Bill (ENR)]

        H.R.3819

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.