[Congressional Record Volume 150, Number 100 (Monday, July 19, 2004)]
[House]
[Pages H5936-H5939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        LEWIS AND CLARK NATIONAL HISTORICAL PARK DESIGNATION ACT

  Mr. HAYWORTH. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3819) 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, as amended.
  The Clerk read as follows:

                               H.R. 3819

       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.

[[Page H5937]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Hayworth) and the gentlewoman from Guam (Ms. Bordallo) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Hayworth).


                             General Leave

  Mr. HAYWORTH. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. HAYWORTH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3819, introduced by the gentleman from Washington 
State (Mr. Baird), would 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. Additionally, this bill directs the transfer of 
existing Federal lands currently under the jurisdiction of the BLM and 
the U.S. Army Corps of Engineers to the National Park Service for 
inclusion in the Lewis and Clark National Historical Park.
  Finally, H.R. 3819 calls for a study of additional sites associated 
with the eastern legacy of the Lewis and Clark expedition to be 
completed by the Secretary of the Interior and the results

[[Page H5938]]

transmitted to Congress within 1 year of this bill's passage. The study 
will serve to identify potential additions east of the Mississippi to 
the Lewis and Clark National Historic Trail, for which several pieces 
of legislation have recently been introduced. Mr. Speaker, without 
completing this important first step, determining which sites are truly 
worthy of recognition, designating further sites would stain the 
authenticity of the Lewis and Clark Historic Trail as a whole.
  Mr. Speaker, H.R. 3819 is supported by the majority and the minority 
of the committee and by the administration. I would urge adoption of 
the bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  (Ms. BORDALLO asked and was given permission to revise and extend her 
remarks.)
  Ms. BORDALLO. Mr. Speaker, the significance of the Lewis and Clark 
Expedition in the history of the United States cannot be overstated. 
Once enacted, H.R. 3819 will ensure that the critical ``turnaround'' 
chapter of the Lewis and Clark story, which took place once they 
reached the west coast, can be fully explored and the relevant sites 
fully conserved and interpreted.
  H.R. 3819, sponsored by the gentleman from Washington State (Mr. 
Baird), would implement the preferred alternative identified in the 
recently completed Lower Columbia Lewis and Clark Sites Boundary Study. 
The gentleman from Washington (Mr. Baird) is to be commended for his 
diligence in getting this measure to the floor and for his dedication 
as a steward of the Lewis and Clark story.
  We urge our colleagues to support this measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HAYWORTH. Mr. Speaker, I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Washington (Mr. Baird), the author of this legislation.
  Mr. BAIRD. Mr. Speaker, I thank the gentlewoman from Guam for 
yielding me this time, and I thank my friend and colleague from Arizona 
as well for his support.
  This is a very exciting day. As we all know, 200 years ago today, as 
we speak, Lewis and Clark and their Corps of Discovery were in the 
middle of their epic journey, actually in the early stages; and what a 
journey it was: thousands of miles of territory unexplored by U.S. 
citizens prior to that point and terminating, I am very proud to say, 
actually in my district on the west coast. And as the Members know, the 
Pacific Northwest is rich in history pertaining directly to Lewis and 
Clark's Corps of Discovery and to the many tribes that greeted their 
arrival.
  The Lewis and Clark National Historical Park Designation Act will 
redesignate 560 acres in Washington and Oregon states as the Lewis and 
Clark National Historical Park and will make this a unit of the 
National Park System. The acreage will include Fort Clatsop National 
Memorial; the Megler Safety Rest Area, which was then called Clark's 
Dismal Nitch; Station Camp; and Cape Disappointment State Park.
  I want to take just a second to talk about Station Camp because it 
was a miraculous place. Lewis and Clark were facing horrific weather. 
If we read their journals from the time, the rain was pouring down, 
their clothes were rotting off their bodies, their canoes were 
capsizing frequently, and they were really at a critical point. They 
sent a group to the coast itself to look out over the ocean, and they 
had hoped perhaps they might see a ship there. There were none. Ships 
had been plying those waters for some decades, but they thought perhaps 
we will get lucky and can take a ship back. No such luck.
  The question then arose: Where shall we winter over? Will we winter 
on the Washington side, what is now the Washington side, or on the 
southern side, what is now Oregon? How did they resolve this debate? In 
true democratic spirit, they had a vote. But what is so remarkable 
about this vote is the record in the journal indicates that Sacagawea 
voted, as did York, who was Clark's slave at the time. So here we were 
60 years before emancipation, 100 years before suffrage. We took a 
vote, and the African American and the woman, a Native American, were 
included in the vote. And that happened at Station Camp.
  So this commemoration and designation will allow visitors to the area 
to fully appreciate the richness of this courageous journey and the 
heroism that these early explorers showed.
  I believe inclusion of these sites as part of the National Historical 
Park represents the best means for comprehensive interpretation of the 
history of the Lewis and Clark Expedition in the Pacific Northwest and 
will continue to relate the importance of the Corps of Discovery's 
journey long after the bicentennial commemoration has passed.
  Fort Clatsop National Memorial, located near Astoria, Oregon, marks 
the spot where Lewis and Clark and the Corps of Discovery spent 106 
days during the winter of 1805 through 1806. That memorial was 
established by an act of Congress in 1958 and is the only unit of the 
National Park System solely dedicated to the Lewis and Clark 
expedition.
  During the bicentennial years, the National Park Service estimates 
that well over 1 million people will visit Fort Clatsop and the 
surrounding area. In fact, the memorial has already begun to notice a 
significant increase in visits; and to accommodate all of these 
visitors, to enhance visitor experience, it is vital that Fort Clatsop 
finish its expansion efforts immediately.
  The inclusion of these sites is timely considering the bicentennial 
of the Corps of Discovery is already under way and the preparations are 
being made in southwest Washington and northwest Oregon for the 
Destination Pacific Signature Event in 2005.
  In addition to preserving and enhancing the historic value of these 
sites, inclusion with the Lewis and Clark National Historical Park will 
bring important economic benefits to local communities that, quite 
frankly, have struggled with the decline of major industries and with 
high unemployment of late.
  I would like to express my profound gratitude to the gentleman from 
West Virginia (Mr. Rahall) and his staffers, Jim Zoia and David 
Watkins; the gentleman from California (Mr. Pombo) and staffer Frank 
Vitello. The gentleman from Oregon (Mr. Wu) has been instrumental in 
this, as have members of both delegations and both sides of the aisle. 
This is truly a bistate, bicameral regional effort. And I also express 
my appreciation to Secretary of the Interior Gale Norton in the 
administration. The Secretary herself visited the area not long ago and 
has been a stalwart advocate. And, finally, Chip Jenkins, the 
superintendent of the park; David Nicandria of the Washington State 
Historical Society; and my own staffer, Ms. Paula Burg, have done 
outstanding work.
  I thank my colleagues for their consideration in support of this 
legislation.
  Mr. WU. Mr. Speaker, I rise today in support of H.R. 3819, the Lewis 
and Clark National and Historical Park Designation Act.
  The bicentennial of Lewis and Clark's epic journey is upon us. H.R. 
3819 commemorates the Corps of Discovery by renaming several state 
parks and Ft. Clatsop National Memorial as the Lewis and Clark National 
and Historical Park.
  Through 15 National Heritage Events, tens of thousands of 
participants from all over the world will be able to experience the 
200-year-old story of Lewis and Clark, and take away lessons that are 
still relevant today.
  The Pacific is one of 15 nationally sanctioned events taking place 
along the Lewis and Clark trail. This is a bi-state collaboration 
between Washington and Oregon scheduled for Friday, November 11th 
through Tuesday, November 15th, 2005 and ends with the dedication of a 
new state/national park at Station Camp. Local businesses, national and 
state park staff, and volunteers are working tirelessly to make our 
signature event a success. Congress must also do its part by passing 
H.R. 3819.
  As America ventures further and is lifted by the spark of discovery, 
today and in years to come, it behooves our nation to look to those who 
have paved the way before us. Whether pushing the frontiers of freedom 
here on earth, the frontiers of exploration in the heavens, or the 
frontiers of knowledge everywhere there is ignorance, the story of the 
Lewis and Clark expedition is one that demonstrates the power of what 
is possible when a people, and a nation, have the curiosity to ask, 
``why?''; the sense of unbounded possibility to ask, ``why not?''; and 
the resolve to remake the world.
  I urge a ``yes'' vote on H.R. 3819.

[[Page H5939]]

  Ms. BORDALLO. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. HAYWORTH. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Hayworth) that the House suspend the rules 
and pass the bill, H.R. 3819, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________