[Senate Report 104-379]
[From the U.S. Government Publishing Office]
Calendar No. 603
104th Congress Report
SENATE
2d Session 104-379
_______________________________________________________________________
VANCOUVER NATIONAL HISTORIC RESERVE ACT OF 1995
_______
September 30, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1127]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1127) to establish the Vancouver National
Historic Reserve, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vancouver National Historic Reserve
Act of 1996''.
SEC. 2. VANCOUVER NATIONAL HISTORIC RESERVE.
(a) Establishment.--There is established the Vancouver National
Historic Reserve in the State of Washington, (referred to in this
section as the ``Reserve''), consisting of the area described in the
report entitled ``Vancouver National Historic Reserve Feasibility Study
and Environmental Assessment'' published by the Vancouver Historical
Study Commission and dated April 1993 as authorized by Public Law 101-
523 (referred to in this Act as the ``Vancouver Historic Reserve
Report'').
(b) Administration.--(1) The Reserve shall be administered through
a general management plan developed in accordance with this section,
and approved by the Secretary of the Interior (hereinafter referred to
as the ``Secretary'') and the Secretary of the Army.
(2) The general management plan shall be completed no later than
three years after the date of enactment of this Act.
(3) The general management plan shall be prepared by the Secretary,
in consultation with the Historic Preservation Office of the State of
Washington, the Department of the Army, and the City of Vancouver,
Washington.
(4) The general management plan shall be developed in accordance
with the specific findings and recommendations of the Vancouver
Historic Reserve Report, along with any other considerations not
otherwise in conflict with the Report, and shall include at a minimum a
statement of purpose, an interpretive plan, and an economic plan for
Pearson Field.
(c) No Limitation on FAA Authority.--The establishment of the
Reserve shall not limit--
(1) the authority of the Federal Aviation Administration over
air traffic control, or aviation activities at Pearson Airpark;
or
(2) limit operations and airspace in the vicinity of Portland
International Airport.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $400,000 per year for operational costs for each fiscal
year following enactment of this Act and $5,000,000 for development
costs.
purpose of the measure
The purposes of S. 1127 are to establish the Vancouver
National Historic Reserve in the State of Washington and to
create a partnership among member agencies to coordinate
preservation, management and use of the reserve.
background and need
Significant events in the history and development of the
Pacific Northwest and the United States in general have
occurred in the Vancouver, Washington area. A particularly rich
collection of cultural resources is located adjacent to the
Columbia River. These resources include Fort Vancouver National
Historic Site, Vancouver Barracks, Pearson Airpark, the
Columbia Riverfront, and the site of the original Kaiser
Shipyards. In 1990, Congress passed legislation authorizing the
creation of a Vancouver Historical Study Commission and
directed the Commission to determine the feasibility of
establishing a Vancouver National Historical Reserve. The
Commission completed a feasibility study and an environmental
assessment in 1993. The Commission's study selected creation of
a National Historical Reserve as the best management strategy
for protecting resources within the study area. S. 1127, if
enacted, would establish the reserve in accordance with the
study.
The Hudson Bay Company founded Fort Vancouver in 1825 as
part of their fur trade operation. In 1948, Congress
established Fort Vancouver National Monument as a unit of the
National Park System. In 1961, legislation changed the site's
designation to national historic site and authorized a maximum
additional acreage. This legislation also provided for the
acquisition of non-Federal lands to be added to the historic
site.
The National Park Service entered into an offer-to-sell
agreement with the city of Vancouver to purchase the western
portion of the then Pearson Airport so that the site of the
Fort Vancouver stockade and immediately adjacent area would be
encompassed within the historic site. This 1972 purchase
agreement included city-reserved rights for the continued
operation of Pearson Airport for 30 years (2002). In 2002,
airport operations are to cease, and the National Park Service
intends to remove activities deemed to be incompatible with the
purposes of the historic site. The historic site consists
chiefly of reconstructed buildings and archaeological features
associated with the Fort's operation.
Vancouver Barracks, also included in the proposed Reserve,
served as the principle administrative outpost of the U.S. Army
in the Pacific Northwest from its founding in 1849 until World
War I. The Barracks supported U.S. military activities ranging
from the Indian wars of the late nineteenth century to
providing major facilities for support of U.S. military
ventures throughout the Pacific during the Spanish American and
two World Wars. The history and significance of Officers Row
and Pearson Airpark are primarily related to their functions as
part of the Barracks' military operations. Vancouver Barracks
has been determined eligible for the National Register of
Historic Places, and Officers Row has been separately listed on
the National Register; the eligibility of Pearson Airpark,
either individually or as a component of the Barracks has yet
to be determined.
Other elements to be included are the Kaiser Shipyards and
the Columbia River waterfront, significant for recreation and
open space values.
The recommended reserve area encompasses some 366 acres,
the majority of which are currently in public ownership,
including lands managed by the National Park Service, U.S.
Army, State of Washington, and City of Vancouver.
Legislative History
Senators Gorton and Murray introduced S. 1127 on August 7,
1995. The Subcommittee on Parks, Historic Preservation, and
Recreation held a hearing on the bill on December 12, 1996 (S.
Hrg. 104-432). During the 103rd Congress, a similar measure,
H.R. 4607 was introduced in the House and ultimately
incorporated into a larger national heritage areas bill, H.R.
5044. H.R. 5044 passed the House on October 5, 1994 and was
referred to the Senate but no further action was taken. At the
business meeting on September 12, 1996, the Committee on Energy
and Natural Resources ordered S. 1127 favorably reported, as
amended.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on September 12, 1996, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
1127.
Committee Amendment
During the consideration of S. 1127, the Committee adopted
an amendment in the nature of a substitute. The amended bill
eliminates the section of the original bill authorizing and
describing the structure and responsibilities of the Vancouver
National Historic Reserve Partnership.
The substitute states that the Reserve will be administered
though a general management plan, approved by the Secretary of
the Interior and the Secretary of the Army. The amendment
states that the general management plan will be developed by a
partnership comprised of a representative of the National Park
Service, a representative of the Historic Preservation Office
of the State of Washington, a representative of the Department
of the Army, and a representative of the city of Vancouver,
Washington. In the original bill, the development of a general
management plan had been the responsibility of the Vancouver
National Heritage Partnership.
The amendment contains language clarifying that the
establishment of the Reserve will not limit the authority of
the Federal Aviation Administration over air traffic control or
aviation activities at Pearson Airpark, or limit operations and
airspace in the vicinity of Portland International Airport.
The amended bill specifies the level of appropriations to
be authorized: $400,000 per year for operating costs for each
fiscal year following enactment of the Act and $5 million for
development costs.
Section-by Section Analysis
Section 1 titles the bill the ``Vancouver National Historic
Reserve Act of 1995.''
Section 2(a) establishes the Vancouver National Historic
Reserve in the State of Washington as described in a report.
Section 2(b)(1) directs that the Reserve be administered
through a general management plan, to be approved by the
Secretary of the Interior and the Secretary of the Army.
Section 2(b)(2) directs that the plan be completed within
three years.
Section 2(b)(3) directs that the plan be prepared by the
Secretary of the Interior, in consultation with the Historic
Preservation Office of the State of Washington, the Secretary
of the Army, and the city of Vancouver, Washington.
Section 2(b)(4) directs the management plan be developed in
accordance with findings and recommendations in the Vancouver
Historic Reserve Report, and include a statement of purpose,
and interpretive plan, and an economic plan for Pearson Field.
Section 2(c) states that the establishment of the reserve
shall not limit the authority of the Federal Aviation
Administration over air traffic control or operations.
Section 2(d) authorizes an appropriation of $400,000 per
year for operational costs and a one-time appropriation of
$5,000,000 for development costs.
Cost and budgetary considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 18, 1996.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed S. 1127, the Vancouver National Historic Reserve Act
of 1995, as reported by the Senate Committee on Energy and
Natural Resources on September 16, 1996. CBO estimates that,
subject to the appropriation of the authorized funds, S. 1127
would increase outlays of the federal government by about $7
million over the 1997-2002 period. Enacting S. 1127 would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
S. 1127 would establish the Vancouver National Historic
Reserve in the state of Washington and require that the
Department of the Interior develop a plan to administer the
reserve within three years of enactment. The plan would be
developed in accordance with the findings and recommendations
of the Vancouver Historic Reserve Report, which was required by
Public Law 101-523 and approved by the Department of the Army.
The bill would authorize the appropriation of $0.4 million each
year for operational costs and $5 million for development
costs.
In addition, S. 1127 contains no private-sector or
intergovernmental mandates as defined in the Unfunded Mandates
Reform Act of 1995 (Public Law 104-4) and would have no impact
on the budgets of state, local, or tribal governments. Some of
the funds that would be authorized by this bill may be used by
the Secretary of the Interior to assist the state of Washington
and the city of Vancouver, Washington in developing and
operating their historical resources within the reserve.
If you with further details on this estimate, we will be
pleased to provide them. the CBO staff contact is John R.
Righter.
Sincerely,
June E. O'Neill, Director.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1127. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1127, as ordered reported.
executive communications
On September 13, 1996, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1127. These
reports had not been received at the time the report on H.R.
1127 was filed. When these reports become available, the
Chairman will request that they be printed in the Congressional
Record for the advice of the Senate.
Prepared Statement of Denis P. Galvin, Associate Director for
Professional Services, National Park Service, Department of the
Interior
S. 1127. Vancouver National Historic Reserve
S. 1247 would establish the Vancouver National Historic
Reserve. We support this bill with some modifications. The
Vancouver, Washington, area is rich in cultural and historic
resources which merit national recognition, protection, and
commemoration. If enacted, the bill would establish the
historic reserve, consisting of approximately 366 acres of
publicly owned land, which includes Fort Vancouver National
Historic Site and other public lands. The operational entity of
the historic reserve would be the Vancouver National Historic
Reserve Partnership.
Technically, the proposed historical reserve would not be
considered a national heritage area under the criteria
established in S. 1110. However, the bill would help to address
the unique requirements of cooperative management between the
NPS, the City of Vancouver, Department of the Army, and the
State of Washington. Although we support designation of the
historic reserve, we believe the establishment of the reserve
partnership is unnecessary. Instead we would recommend that
management of the historic reserve be accomplished through a
Memorandum of Agreement (MOA) such as the 1994 agreement
between the NPS and the City of Vancouver.
For over two years, a representative of the National Park
Service served on the Vancouver Historic Study Commission,
charged by Congress to determine the feasibility of
establishing a Vancouver National Historic Reserve for the
area. Its 1993 final study report is the basis for this
legislation. We believe the establishment of a Vancouver
National Historic Reserve will enhance interagency cooperation
in this area and implement the principal findings of the 1993
commission study.
We support the continued presence of historical aircraft at
Pearson Field that are directly associated with the museum
function at Pearson. However, we are concerned about the
definition of ``historic aircraft'' as included in the bill. We
recommended that the definition in Sec. 3 include the words
``as of 1995'' to require historic aircraft to be 50 years old
or older ``as of 1995''. This definition is consistent with the
interwar era for which the Pearson Field is historically
significant. We are concerned that the definition included in
the bill would result in an ``open-ended'' historic period,
with currently operating aircraft qualifying as historic
aircraft by the year 2022.
Finally, we also recommend that Sec. 9(a)(3) be amended to
add the words ``in accordance with Federal Aviation
Administration standards and requirements'' after the words
``in navigation and safety''.
conclusion
Another general concern is that although we believe the
heritage areas and corridors discussed in this testimony are
important concepts, you need to be aware that if they are
authorized and implemented, existing NPS programs may have to
be restricted by necessity because of limited overall funding
levels.
The Administration is prepared to work with the
subcommittee to promote a heritage areas partnership program
that will be of the greatest value to those responsible for
creating and managing heritage areas and that will ensure the
strongest and most successful program possible. This completes
my comments. I am prepared to answer any questions which you or
members of the committee may have.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1127, as
ordered reported.