[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3819 Referred in Senate (RFS)]

  2d Session
                                H. R. 3819


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2004

                                Received

                           September 7, 2004

    Read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 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:

                                                 JEFF TRANDAHL,

                                                                 Clerk.