[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3819 Reported in House (RH)]






                                                 Union Calendar No. 332
108th CONGRESS
  2d Session
                                H. R. 3819

                          [Report No. 108-570]

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 2004

   Mr. Baird (for himself, Mr. Wu, Mr. Nethercutt, Mr. Bereuter, Mr. 
 Larsen of Washington, Mr. Dicks, Mr. Inslee, Mr. McDermott, Mr. Smith 
  of Washington, Mr. DeFazio, Mr. Souder, Mr. Pomeroy, Ms. Hooley of 
Oregon, Mr. Blumenauer, Mr. Walden of Oregon, Mr. Goode, and Ms. Dunn) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

                             June 25, 2004

             Additional sponsor: Mr. Hastings of Washington
  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 24, 2004]

_______________________________________________________________________

                                 A BILL


 
 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 designed 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 a 
        ``Memorial to Thomas Jefferson'' 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.
            (4) Cape disappointment.--After the withdrawal of any of 
        the Federal lands from operation of the public land laws at 
        Cape Disappointment in the State of Washington is relinquished 
        by the Army Corps of Engineers or the United States Coast 
        Guard, administrative jurisdiction over those lands shall be 
        resumed by the Secretary. After administrative jurisdiction is 
        resumed, the Secretary, acting through the Director of the 
        National Park Service, shall enter into cooperative management 
        agreements with appropriate officials in the State of 
        Washington pursuant to section 104(c) to manage those Federal 
        lands as a State park.
    (d) 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.




                                                 Union Calendar No. 332

108th CONGRESS

  2d Session

                               H.R. 3819

                          [Report No. 108-570]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                             June 25, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed