[House Report 107-456]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-456

======================================================================



 
          FORT CLATSOP NATIONAL MEMORIAL EXPANSION ACT OF 2002

                                _______
                                

  May 14, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 2643]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2643) to authorize the acquisition of additional lands 
for inclusion in the Fort Clatsop National Memorial in the 
State of Oregon, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Fort Clatsop National Memorial 
Expansion Act of 2002''.

SEC. 2. FINDINGS.

  The Congress finds the following:
          (1) Fort Clatsop National Memorial is the only unit of the 
        National Park System solely dedicated to the Lewis and Clark 
        Expedition.
          (2) In 1805, the members of the Lewis and Clark Expedition 
        built Fort Clatsop at the mouth of the Columbia River near 
        Astoria, Oregon, and they spent 106 days at the fort waiting 
        for the end of winter and preparing for their journey home.
          (3) In 1958, Congress enacted Public Law 85-435 authorizing 
        the establishment of Fort Clatsop National Memorial for the 
        purpose of commemorating the culmination, and the winter 
        encampment, of the Lewis and Clark Expedition following its 
        successful crossing of the North American continent.
          (4) The 1995 General Management Plan for Fort Clatsop 
        National Memorial, prepared with input from the local 
        community, recommends the expansion of the memorial to include 
        the trail used by expedition members to access the Pacific 
        Ocean from the fort and the shore and forest lands surrounding 
        the fort and trail to protect their natural settings.
          (5) Expansion of Fort Clatsop National Memorial requires 
        Federal legislation because the size of the memorial is 
        currently limited by statute to 130 acres.
          (6) Congressional action to allow for the expansion of Fort 
        Clatsop National Memorial to include the trail to the Pacific 
        Ocean would be timely and appropriate before the start of the 
        bicentennial celebration of the Lewis and Clark Expedition 
        planned to take place during the years 2004 through 2006.

SEC. 3. EXPANSION OF FORT CLATSOP NATIONAL MEMORIAL, OREGON.

  (a) Revised Boundaries.--Section 2 of Public Law 85-435 (16 U.S.C. 
450mm-1) is amended--
          (1) by inserting ``(a) Initial Designation of Lands.--'' 
        before ``The Secretary'';
          (2) by striking ``coast:'' and all that follows through the 
        end of the sentence and inserting ``coast.''; and
          (3) by adding at the end the following new subsections:
  ``(b) Authorized Expansion.--The Fort Clatsop National Memorial shall 
also include the lands depicted on the map entitled `Fort Clatsop 
Boundary Map', numbered `405-80026C-CCO', and dated June 1996.
  ``(c) Maximum Designated Area.--The total area designated as the Fort 
Clatsop National Memorial shall not exceed 1,500 acres.''.
  (b) Authorized Acquisition Methods.--Section 3 of Public Law 85-435 
(16 U.S.C. 450mm-2) is amended--
          (1) by inserting ``(a) Acquisition Methods.--'' before 
        ``Within''; and
          (2) by adding at the end the following new subsection:
  ``(b) Limitation.--The lands (other than corporately owned 
timberlands) depicted on the map referred to in section 2(b) may be 
acquired by the Secretary of the Interior only by donation or purchase 
from willing sellers.''.
  (c) Memorandum of Understanding.--Section 4 of Public Law 85-435 (16 
U.S.C. 450mm-3) is amended--
          (1) by striking ``Establishment'' and all that follows 
        through ``its establishment,'' and inserting ``(a) 
        Administration.--''; and
          (2) by adding at the end the following new subsection:
  ``(b) Memorandum of Understanding.--If the owner of corporately owned 
timberlands depicted on the map referred to in section 2(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 of 
the Interior shall enter into a memorandum of understanding with the 
owner regarding the manner in which such lands will be managed after 
acquisition by the United States.''.

SEC. 4. STUDY OF STATION CAMP SITE AND OTHER AREAS FOR POSSIBLE 
                    INCLUSION IN NATIONAL MEMORIAL.

  The Secretary of the Interior shall conduct a study of the area near 
McGowan, Washington, where the Lewis and Clark Expedition first camped 
after reaching the Pacific Ocean and known as the ``Station Camp'' 
site, as well as the Megler Rest Area and Fort Canby State Park, to 
determine the suitability, feasibility, and national significance of 
these sites for inclusion in the National Park System. The study shall 
be conducted in accordance with section 8 of Public Law 91-383 (16 
U.S.C. 1a-5).

                          Purpose of the Bill

    The purpose of H.R. 2643 is to authorize the acquisition of 
additional lands for inclusion in the Fort Clatsop National 
Memorial in the State of Oregon, and for other purposes.

                  Background and Need for Legislation

    From December 7, 1805, to March 23, 1806, the members of 
the Lewis and Clark expedition were encamped at Fort Clatsop 
following their journey from the Mississippi River to the 
Pacific Ocean. President Thomas Jefferson had directed Captain 
Meriwether Lewis and Captain William Clark to explore the 
Missouri River to its source, find the most direct route to the 
Pacific Ocean, to make scientific and geographic observations, 
and to learn more of the Indian tribes they would encounter. 
The expedition resulted in an awakening of interest in the 
newly acquired territory in America's west. Following their 
journey from St. Louis, which included approximately 600 miles 
of river travel along what are today known as the Snake and 
Columbia Rivers, Lewis and Clark caught view of the Pacific 
Ocean in November 1805 not far from present day McGowan, 
Washington. They established a winter camp on the opposite side 
of the river which they would name for the friendly local 
Indian tribe, the Clatsops. There they would spend three months 
before beginning their return trip east.
    Fort Clatsop National Memorial, the only unit of the 
National Park System solely dedicated to the Lewis and Clark 
expedition, commemorates the camp where the Corps of Discovery 
spent the winter of 1805-1806. With the bicentennial of the 
historic journey approaching, it is expected that there will be 
a major influx of additional visitors, particularly during the 
bicentennial years of 2003 through 2006.
    In 1995, the General Management Plan for the Fort Clatsop 
Memorial identified the need to establish a trail linkage 
between Fort Clatsop and the Pacific Ocean, while also 
protecting the scenic and natural resources that frame the park 
setting. The extension of the Memorial's boundaries would 
achieve these objectives. Also contained in the bill is the 
authorization of a suitability and feasibility study for the 
possible inclusion of Station Camp, Megler Rest Area, and Fort 
Canby State Park, all sites associated with the expedition, as 
units of the National Park System. Each of these sites are 
located across the river from Fort Clatsop in the State of 
Washington.

                            Committee Action

    H.R. 2643 was introduced on July 25, 2001, by Congressman 
David Wu (D-OR). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation, and Public Lands. On February 7, 
2002, the Subcommittee held a hearing on the bill. On April 18, 
2002, the Subcommittee met to mark up the bill. Congressman 
George Radanovich (R-CA) offered an amendment in the nature of 
a substitute to do the following: at the suggestion of the 
National Park Service, remove language in the findings that 
would prejudge the suitability and feasibility of the 
Washington sites that are to be studied for possible inclusion 
in the National Park System; strike language that would have 
designated an area within the park as an undeveloped visual 
buffer zone between the trail and lands outside the park; and 
add language that would direct the Secretary of the Interior to 
enter into a Memorandum of Understanding with the owner of 
adjacent corporate-owned timberlands regarding how the land 
will be managed after acquisition, should the landowner choose 
to sell as a result of actual condemnation proceedings or in 
lieu of condemnation proceedings. It is expected by the 
Committee that friendly condemnation proceedings may be used as 
a means to resolve some issues where title to the adjacent 
lands may be unclear. Finally, the amendment changed the map 
reference to reflect the changes in the amendment, as well as 
to remove the property of a landowner that requested not to be 
included within the expanded boundaries of the park. The 
amendment was adopted by voice vote. The bill, as amended was 
then ordered favorably reported to the Full Committee by voice 
vote. On April 24, 2002, the Full Resources Committee met to 
consider the bill. There were no further amendments and the 
bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 8, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2643, the Fort 
Clatsop National Memorial Expansion Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2643--Fort Clatsop National Memorial Expansion Act of 2002

    Summary: CBO estimates that implementing H.R. 2643 would 
cost $9 million over the 2003-2007 period, assuming 
appropriation of the necessary amounts. The bill would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 2643 would expand the boundaries of the Fort Clatsop 
National Memorial in Oregon to include 1,375 acres of 
additional lands and would authorize the Secretary of the 
Interior to acquire nonfederal lands within that expanded area. 
With the exception of certain corporately owned lands that 
could be acquired by condemnation, the bill specifies that the 
Secretary could acquire lands only from willing sellers. H.R. 
2643 also would direct the Secretary to study an area known as 
Station Camp near McGowan, Washington, for potential inclusion 
in the National Park System.
    H.R. 2643 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would have no 
significant impact on the budgets of state, local or tribal 
governments.
    In the event that the National Park Service (NPS) uses the 
condemnation authority contained in the bill to acquire certain 
corporately owned timberlands for inclusion in the Fort Clatsop 
National Memorial, such an acquisition would constitute a 
private-sector mandate as defined by UMRA. CBO estimates that 
the direct cost of this private-sector mandate would fall well 
below the annual threshold established by UMRA ($115 million in 
2002, adjusted annually for inflation).
    Estimated cost to the Federal Government: For this 
estimate, CBO assumes that H.R. 2643 will be enacted by the 
start of fiscal year 2003 and that necessary funds will be 
provided close to the start of each year. The 
estimatedbudgetary impact of H.R. 2643 is shown in the following table. 
The costs of this legislation fall within budget function 300 (natural 
resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2003      2004      2005      2006      2007
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated authorization level.................................         6         3         0         0         0
Estimated outlays.............................................         6         3         0         0         0
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: Based on information from the NPS, CBO 
expects that expanding the memorial as specified in the bill 
would not significantly increase the agency's costs to manage 
the memorial, but would result in increased costs for land 
acquisition and development. Assuming appropriation of the 
necessary amounts, CBO estimates that the agency would spend $6 
million in 2003 and $2 million in 2004 to acquire nonfederal 
lands within the expanded memorial. We also estimate that the 
agency would spend $1 million in 2004 to construct trailhead 
facilities, parking lots, and other necessary infrastructure. 
Finally, based on information from the NPS, we estimate that 
the agency would spend less than $300,000 during fiscal year 
2003 to study the area known as Station Camp near McGowan, 
Washington, for potential inclusion in the National Park 
System.
    Pay-as-you-go considerations: None.
    Estimated impact on state, local, and tribal governments: 
H.R. 2643 contains no intergovernmental mandates as defined in 
UMRA and would have no significant impact on the budgets of 
state, local, or tribal governments.
    Estimated impact on the private sector: In the event that 
the NPS uses the condemnation authority contained in the bill 
to acquire certain corporately owned timberlands for inclusion 
in the Fort Clatsop National Memorial, such an acquisition 
would constitute a private-sector mandate as defined by UMRA. 
Because title to the property is not clear, both the NPS and 
the property owner have agreed that condemnation would be the 
best methods of acquisition. The cost of this mandate would be 
the fair market value of the land and expenses incurred by the 
private-sector owner in transferring the property to the 
federal government. In accordance with federal law, the NPS 
would compensate the current owners for the fair market value 
of the land through a judicial condemnation proceeding. 
According to the NPS, the timberlands, have been appraised at 
roughly $6 million. Thus, CBO estimates that the direct cost of 
this private-sector mandate would fall well below the annual 
threshold established by UMRA ($115 million in 2002, adjusted 
annually for inflation).
    Previous CBO estimate: On September 4, 2001, CBO 
transmitted a cost estimate for a similar bill, S. 423, as 
ordered reported by the Senate Committee on Energy and Natural 
Resources on August 2, 2001. The two bills are substantively 
similar, and our estimates of total federal spending under each 
bill are the same. Differences in the timing of outlays reflect 
a change in our assumption regarding when H.R. 2643 will be 
enacted. The two bills contain the same private-sector mandate.
    Estimate prepared by: Federal costs: Megan Carroll; impact 
on state, local, and tribal governments: Marjorie Miller; 
impact on the private sector: Lauren Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any state, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                          ACT OF MAY 29, 1958


                          (Public Law 85-435)

   AN ACT To provide for the establishment of Fort Clatsop National 
Memorial in the State of Oregon, and for other purposes.

           *       *       *       *       *       *       *


  Sec. 2. (a) Initial Designation of Lands.--The Secretary of 
the Interior shall designate for inclusion in Fort Clatsop 
National Memorial land and improvements thereon located in 
Clatsop County, Oregon, which are associated with the winter 
encampment of the Lewis and Clark Expedition, known as Fort 
Clatsop, including the site of the salt cairn (specifically, 
lot number 18, block 1, Cartwright Park Addition of Seaside, 
Oregon) utilized by that expedition and adjacent portions of 
the old trail which led overland from the fort to the [coast: 
Provided, That the total area so designated shall contain no 
more than one hundred and thirty acres.] coast.
  (b) Authorized Expansion.--The Fort Clatsop National Memorial 
shall also include the lands depicted on the map entitled 
``Fort Clatsop Boundary Map'', numbered ``405-80026C-CCO'', and 
dated June 1996.
  (c) Maximum Designated Area.--The total area designated as 
the Fort Clatsop National Memorial shall not exceed 1,500 
acres.
  Sec. 3. (a) Acquisition Methods.--Within the area designated 
pursuant to section 2, the Secretary of the Interior is 
authorized to acquire land and interests in land by purchase, 
donation, with donated funds, or by such other means as he 
deems to be in the public interest.
  (b) Limitation.--The lands (other than corporately owned 
timberlands) depicted on the map referred to in section 2(b) 
may be acquired by the Secretary of the Interior only by 
donation or purchase from willing sellers.
  Sec. 4. [Establishment of Fort Clatsop National Memorial 
shall be effected when there is vested in the United States of 
America title to not less than one hundred acres of land 
associated with the historical events to be commemorated. 
Following its establishment,] (a) Administration.--Fort Clatsop 
National Memorial shall be administered by the Secretary of the 
Interior pursuant to the Act of August 25, 1916 (39 Stat. 535), 
as amended.
  (b) Memorandum of Understanding.--If the owner of corporately 
owned timberlands depicted on the map referred to in section 
2(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 of the Interior shall enter into a 
memorandum of understanding with the owner regarding the manner 
in which such lands will be managed after acquisition by the 
United States.

                                  
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