[Congressional Record (Bound Edition), Volume 150 (2004), Part 14]
[Senate]
[Pages 18611-18613]
[From the U.S. Government Publishing Office, www.gpo.gov]




          LEWIS AND CLARK NATIONAL HISTORICAL PARK ACT OF 2004

  The Senate proceeded to consider the bill (S. 2167) to establish the 
Lewis and Clark National Historical Park in the States of Washington 
and Oregon, and for other purposes, which had been reported from the 
Committee on Energy and Natural Resources, with amendments, as follows:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                S. 2167

       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
       [(C) ``Memorial to Thomas Jefferson''.]
        (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.

[[Page 18612]]

       [(5) Acquisition of additional land.--
       [(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.
       [(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.]
       (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.
  The committee amendments were agreed to.
  The bill (S. 2167), as amended, was read the third time and passed, 
as follows:

                                S. 2167

       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
        (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.
       (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

[[Page 18613]]

     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.

                          ____________________