Congressional Record, Volume 150 Issue 100 (Monday, July 19, 2004)

[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.

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