[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2167 Reported in Senate (RS)]






                                                       Calendar No. 678
108th CONGRESS
  2d Session
                                S. 2167

                          [Report No. 108-322]

To establish the Lewis and Clark National Historical Park in the States 
           of Washington and Oregon, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2004

   Ms. Cantwell (for herself, Mr. Smith, Mrs. Murray, and Mr. Wyden) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

                            August 25, 2004

 Reported under authority of the order of the Senate of July 22, 2004, 
                    by Mr. Domenici, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To establish the Lewis and Clark National Historical Park in the States 
           of Washington and Oregon, 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 ``Lewis and Clark National Historical 
Park Act of 2004''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish the Lewis and Clark 
National Historical Park to--
            (1) 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
            (2) commemorate the winter encampment of the Lewis and 
        Clark Expedition in the winter of 1805-1806 following the 
        successful crossing of the North American Continent.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Map.--The term ``map'' means the map entitled ``Lewis 
        and Clark National Historical Park, Boundary Map'', numbered 
        405/80027, and dated December, 2003.
            (2) Memorial.--The term ``Memorial'' means the Fort Clatsop 
        National Memorial established under section 1 of Public Law 85-
        435 (16 U.S.C. 450mm).
            (3) Park.--The term ``Park'' means the Lewis and Clark 
        National Historical Park established by section 4(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

 SEC. 4. LEWIS AND CLARK NATIONAL HISTORICAL PARK.

    (a) Establishment.--There is established as a unit of the National 
Park System the Lewis and Clark National Historical Park in the States 
of Washington and Oregon, as depicted on the map.
    (b) Components.--The Park shall consist of--
            (1) the Memorial, including--
                    (A) the site of the salt cairn (lot number 18, 
                block 1, Cartwright Park Addition of Seaside, Oregon) 
                used by the Lewis and Clark Expedition; and
                    (B) portions of the trail used by the Lewis and 
                Clark Expedition that led overland from Fort Clatsop to 
                the Pacific Ocean;
            (2) the parcels of land identified on the map as ``Fort 
        Clatsop 2002 Addition Lands''; and
            (3) the parcels of land located along the lower Columbia 
        River in the State of Washington that are associated with the 
        arrival of the Lewis and Clark Expedition at the Pacific Ocean 
        in 1805 and that are identified on the map as--
                    (A) ``Station Camp'';
                    (B) ``Clark's Dismal Nitch''; and
                <DELETED>    (C) ``Memorial to Thomas 
                Jefferson''.</DELETED>
                     (C) ``Cape Disappointment''.
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.
    (d) Acquisition of Land.--
            (1) In general.--The Secretary may acquire land, an 
        interest in land, and any improvements to land located within 
        the boundary of the Park.
            (2) Means.--Subject to paragraph (3), an acquisition of 
        land under paragraph (1) may be made by donation, purchase with 
        donated or appropriated funds, exchange, transfer from any 
        Federal agency, or by any other means that the Secretary 
        determines to be in the public interest.
            (3) Consent of owner.--
                    (A) In general.--Except as provided in subparagraph 
                (B), no land, interest in land, or improvement to land 
                to may be acquired under paragraph (1) without the 
                consent of the owner.
                    (B) Exception.--The corporately-owned timberland in 
                the area described in subsection (b)(2) may be acquired 
                without the consent of the owner.
            (4) Memorandum of understanding.--If the owner of the 
        timberland described in paragraph (2)(B) agrees to sell the 
        timberland to the Secretary either as a result of a 
        condemnation proceeding or without any condemnation proceeding, 
        the Secretary shall enter into a memorandum of understanding 
        with the owner with respect to the manner in which the 
        timberland is to be managed after acquisition of the timberland 
        by the Secretary.
        <DELETED>    (5) Acquisition of additional land.--</DELETED>
                <DELETED>    (A) In general.--In addition to the land 
                authorized to be acquired under paragraph (1), the 
                National Park Service is authorized to acquire by 
                transfer Federal land at Cape Disappointment, 
                Washington.</DELETED>
                <DELETED>    (B) Management.--The National Park Service 
                shall enter into a cooperative management agreement 
                with the State of Washington under section 5(c) to 
                provide for the management of the land acquired under 
                subparagraph (A) as a State park.</DELETED>
            (5) Cape disappointment.--
                    (A) Transfer.--
                            (i) In general.--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.
                            (ii) Withdrawn land.--
                                    (I) 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.
                                    (II) Transfer.--On receipt of a 
                                notice under subclause (I), the 
                                withdrawn land shall be transferred to 
                                the administrative jurisdiction of the 
                                Secretary, to be administered as part 
                                of the Park.
                    (B) Memorial to thomas jefferson.--
                            (i) In general.--All withdrawals of the 20-
                        acre parcel depicted on the map as ``Memorial 
                        to Thomas Jefferson'' are revoked.
                            (ii) Establishment.--The Secretary shall 
                        establish a memorial to Thomas Jefferson on the 
                        parcel referred to in clause (i).
                    (C) 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''.

SEC. 5. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the Park in 
accordance with--
            (1) this Act; and
            (2) the laws generally applicable to units of the National 
        Park System, including--
                    (A) the Act of August 25, 1916 (16 U.S.C. 1 et 
                seq.); and
                    (B) the Act of August 21, 1935 (16 U.S.C. 461 et 
                seq.).
    (b) Management Plan.--Not later than 3 years after funds are made 
available to carry out this Act, the Secretary shall prepare an 
amendment to the general management plan for the Memorial to address 
the management of the Park.
    (c) Cooperative Management Agreements.--To facilitate the 
presentation of a comprehensive picture of the experiences of the Lewis 
and Clark Expedition in the lower Columbia River area and to promote 
more efficient administration of the sites associated with those 
experiences, the Secretary may, in accordance with section 3(l) of 
Public Law 91-383 (16 U.S.C. 1a-2(l)), enter into cooperative 
management agreements with appropriate officials in the States of 
Washington and Oregon.

 SEC. 6. REPEALS; REFERENCES.

    (a) In General.--Public Law 85-435 (72 Stat. 153; 16 U.S.C. 450mm 
et seq.) is repealed.
    (b) References.--Any reference to Fort Clatsop National Memorial in 
a law (including regulations), map, document, paper, or other record 
shall be considered to be a reference to the Lewis and Clark National 
Historical Park.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.




                                                       Calendar No. 678

108th CONGRESS

  2d Session

                                S. 2167

                          [Report No. 108-322]

_______________________________________________________________________

                                 A BILL

To establish the Lewis and Clark National Historical Park in the States 
           of Washington and Oregon, and for other purposes.

_______________________________________________________________________

                            August 25, 2004

                        Reported with amendments