[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.