[Senate Report 107-69]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 171
107th Congress                                                   Report
                                 SENATE
 1st Session                                                     107-69

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



 
          FORT CLATSOP NATIONAL MEMORIAL EXPANSION ACT OF 2001

                                _______
                                

                 October 1, 2001.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 423]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 423) to amend the Act entitled ``An Act 
to provide for the establishment of Fort Clatsop National 
Memorial in the State of Oregon, and for other purposes,'' 
having considered the same, reports favorably thereon with 
amendments and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 2, line 20, strike ``Washington'' and insert 
``Washington, known as `Station Camp'.''.
    2. On page 3, line 16, through page 4, line 15, strike 
section 3 in its entirety and insert the following:

``SEC. 3. ACQUISITION OF LANDS FOR FORT CLATSOP NATIONAL MEMORIAL.

    ``The Act entitled `An Act to provide for the establishment 
of Fort Clatsop National Memorial in the State of Oregon, and 
for other purposes', approved May 29, 1958 (Public Law 85-435; 
72 Stat. 153) is amended--
          ``(1) in section 2, by inserting `(a)' before `The 
        Secretary';
          ``(2) in section 2, by striking `coast:' and all that 
        follows through the end of the section and inserting 
        `coast.';
          ``(3) in section 2, by adding the following new 
        subsections:
    ``(b) The Memorial shall also include the lands depicted as 
`Addition Lands' on the map entitled `Fort Clatsop Boundary 
Map' numbered and dated `405-80026A-CCO-June 1996'. The area 
designated in the map as the `Buffer Zone' shall not be 
developed, but shall be managed as a visual buffer.
    ``(c) The total area for the Memorial shall not exceed 
1,500 acres.''.
          ``(4) in section 3, by inserting `(a)' before 
        `Within'.
          ``(5) by inserting at the end of section 3 the 
        following:
    ``(b) Such lands included within the boundary as depicted 
on the map reference in section 2(b) may be acquired only from 
willing sellers, with the exception of corporately-owned 
timberlands'.''

    3. On page 4, line 19 strike ``Washington, to determine 
its'' insert ``Washington, as well as the Megler Rest Area and 
Fort Canby State Park, to determine their''.

                                Purpose

    The purpose of S. 423, as ordered reported, is to expand 
the boundaries of Fort Clatsop National Memorial in the State 
of Oregon, and to authorize the study of three related sites in 
Washington State for potential addition to the National Park 
System.

                          Background and Need

    Fort Clatsop National Memorial, located in northwest 
Oregon, marks the site where Meriwether Lewis, William Clark, 
and the Corps of Discovery spent the winter of 1805-1806. The 
memorial is the only unit of the National Park System solely 
dedicated to the Lewis and Clark expedition.
    The site of Fort Clatsop was originally preserved by the 
Oregon Historical Society, which constructed a replica of the 
fort based on the journals of Lewis and Clark. In 1958, Fort 
Clatsop National Memorial was established by Public Law 85-435 
to commemorate the culmination and winter encampment of the 
Lewis and Clark Expedition. Fort Clatsop's enabling legislation 
also authorized the inclusion of portions of the old trail 
which led from the fort to the nearby coast. The legislation 
also limited the total acreage at the site to no more than 125 
acres.
    The National Park Service acquired the land immediately 
surrounding the fort, and in 1978, the Salt Cairn site on the 
coast was added to the memorial by Public Law 95-625. As a 
result of the acreage limitation, the Park Service is currently 
unable to acquire the lands between the fort and the ocean, 
including the trail. The 1995 General Management Plan for the 
memorial recommended reestablishing the trail between Fort 
Clatsop and the Salt Cairn site.
    S. 423 would amend the park's enabling legislation to 
increase the acreage limitation to 1,500 acres and to authorize 
the addition of four parcels adjacent to the existing park 
boundary. The bicentennial of Lewis and Clark Expedition is 
approaching, and it is expected that over a million people will 
visit the memorial during the bicentennial years of 2003 
through 2006.

                          Legislative History

    S. 423 was introduced by Senators Wyden, Smith of Oregon, 
and Murray. The Subcommittee on National Parks held a hearing 
on the bill on July 26, 2001. At its business meeting on August 
2, 2001, the Committee on Energy and National Resources ordered 
S. 423 favorably reported with amendments.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on August 2, 2001, by a voice vote of a 
quorum present, recommends that the Senate pass S. 423, if 
amended as described herein.

                          Committee Amendments

    During its consideration of S. 423, the Committee on Energy 
and Natural Resources made three amendments. Amendment #1 
clarifies in the findings section that the park feasibility 
study includes the Station Camp site. Amendment #2 makes 
several technical, clarifying and conforming changes to section 
3 of the bill. Specifically, the amendment makes clear that 
lands identified on the boundary map as the ``buffer zone'' are 
not to be developed. These lands are located within the park 
boundary, and the prohibition against development applies to 
the National Park Service's management of the lands. Finally, 
Amendment #3 provides that two additional sites in Washington 
State are to be studied for potential national park system 
designation: Fort Canby State Park and Megler Rest Area.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Fort Clatsop 
National Memorial Expansion Act of 2001.''
    Section 2 contains congressional findings.
    Section 3 amends the 1958 act establishing the Fort Clatsop 
National Memorial (72 Stat. 153) to authorize the addition of 
four parcels adjacent to the existing memorial. The bill limits 
the total area designated for the memorial to no more than 
1,500 acres. In addition, the bill designates a non-development 
``buffer zone'' along the memorial's southern boundary.
    Section 4 authorizes a study of three sites in Washington 
State to determine their suitability, feasibility, and national 
significance for inclusion into the National Park System: the 
Station Camp site near McGowan, Washington; Fort Canby State 
Park; and Megler Rest Area.
    Station Camp is the site where Lewis and Clark first looked 
upon the Pacific Ocean and realized President Jefferson's 
primary orders. The Expedition spent 10 days at this location 
prior to moving to the Fort Clatsop site. The Washington State 
Historical Society and other State agencies have been 
coordinating efforts to preserve the site. Much of the land 
around Station Camp is in private ownership, although local 
landowners have expressed willingness to sell their property 
with a preference that the site be included in the National 
Park System. Fort Canby State Park includes the location where 
the Lewis and Clark Expedition first reached the Pacific 
Ocean,and the expedition spent several nights at the present 
location of the Megler Rest Area prior to reaching the Station 
Camp site.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 4, 2001.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 423, the Fort 
Clatsop National Memorial Expansion Act of 2001.
    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.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 423--Fort Clatsop National Memorial Expansion Act of 2001

    Summary: CBO estimates that implementing S. 423 would cost 
$9 million over the 2002-2006 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.
    S. 423 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 lands owned by corporations that 
could be acquired by condemnation, the bill specifies that the 
Secretary could acquire lands only from willing sellers. S. 423 
also would direct the Secretary to study an area known as 
Station Camp near McGowan, Washington, for potential inclusion 
in the National Park System.
    S. 423 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.
    By authorizing the Secretary of the Interior to acquire 
certain timberlands owned by corporations through condemnation, 
S. 423 would impose a private-sector mandate as defined by 
UMRA. The bill would authorize the Secretary of the Interior to 
take the land by condemnation so that it can be included in the 
Fort Clatsop National Memorial. CBO estimates that the direct 
cost of this private-sector mandate would fall well below the 
annual threshold established by UMRA ($113 million in 2001, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 423 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--
                                                           -----------------------------------------------------
                                                              2001     2002     2003     2004     2005     2006
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level.............................        0        6        3        0        0        0
Estimated Outlays.........................................        0        6        3        0        0        0
----------------------------------------------------------------------------------------------------------------

    Basis of Estimate: Based on information from the National 
Park Service (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 2002 and $2 million in 2003 to 
acquire nonfederal lands within the expanded memorial. We also 
estimate that the agency would spend $1 million in 2003 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 2002 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: 
S.423 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: By authorizing the 
Secretary of the Interior to acquire certain timberlands owned 
by corporations through condemnation, S. 423 would impose a 
private-sector mandate as defined by UMRA. The bill would 
authorize the Secretary of the Interior to take the land by 
condemnation so that it can be included in the Fort Clatsop 
National Memorial administered by the NPS. Although current 
owners of the land would be willing to sell this land to the 
NPS for inclusion in the park, they do not have clear title. 
For this reason, it is necessary that the NPS acquire the land 
through condemnation. The cost of this mandate would be the 
fair market value of the land and expenses incurred by the 
private sector 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 ($113 million in 2001, adjusted 
annually for inflation).
    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: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                      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. 423. The bill is not a regulatory measure in 
the sense of imposing government-established standards or 
significant 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. 423.

                        Executive Communications

    On July 27, 2001, 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. 423. These reports 
had not been received at the time this report was filed. The 
testimony provided by the National Park Service at the 
Subcommittee hearing follows:

Statement of John J. Reynolds, Regional Director, Pacific West Region, 
           National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 423, a bill to adjust 
the boundaries of Fort Clatsop National Memorial.
    The Department of the Interior supports S. 423 with a 
technical amendment as outlined in this testimony. This 
legislation will expand the boundaries of Fort Clatsop National 
Memorial, as called for in the site's General Management Plan, 
to include lands on which a trail linkage between Fort Clatsop 
and the Pacific Ocean will be established. The bill would also 
include within the boundary lands that will create a buffer 
zone to protect the scenic and natural resources that frame the 
park setting.
    Meriwether Lewis and William Clark set off with their Corps 
of Discovery on May 14, 1804 on an incredible journey that was 
to be a pivotal event in helping to shape the young United 
States. Their instructions from President Thomas Jefferson were 
to explore the Missouri River to its source, establish the most 
direct land route to the Pacific Ocean, and to make scientific 
and geographic observations along the way. A year and a half 
later, having traversed the continent, the expedition arrived 
at the Pacific Ocean and soon thereafter found a site that was 
suitable for winter quarters on what is known today as the 
Lewis and Clark River. On December 8, 1805, the expedition 
members began building a fort, and by Christmas Eve they were 
under shelter. They named the forty for the friendly local 
Indian tribe, the Clatsops. It would be their home for the next 
three months.
    Life at the fort was far from pleasant. It rained every day 
but 12 of the 106 days at Fort Clatsop. Clothing rotted and 
fleas infested the furs and hides of the bedding. The dampness 
gave nearly everyone rheumatism or colds, and many suffered 
from other diseases. With all the adversity, the members of the 
expedition continued to prepare for the return trip that would 
take some home to family and friends, some to wealth and fame, 
and others to new lives in the wilderness. All gained a place 
in history among the greatest of explorers. They were truly the 
``Corps of Discovery.''
    Fort Clatsop National Memorial marks the spot where Lewis 
and Clark and the Corps of Discovery spent the winter of 1805-
1806, and is the only unit of the National Park System solely 
dedicated to the Lewis and Clark expedition. The bicentennial 
of the historic journey is fast approaching, and it is expected 
that well over a million people will visit the site during the 
bicentennial years of 2003 through 2006.
    The historic site of Fort Clatsop was originally preserved 
and protected by the Oregon Historical Society, and local 
citizens constructed an exact replica of the fort itself, which 
had long ago disappeared, except for drawings and descriptions 
in the journals of Lewis and Clark. In 1958, Fort Clatsop 
National Memorial was established by Public Law 85-435, which 
authorized the inclusion within the memorial of lands that are 
associated with the winter encampment of the Lewis and Clark 
Expedition, including adjacent portions of the old trail which 
led overland fromthe fort to the coast, where members of the 
expedition worked to make salt for their trip back across the 
continent. The act also limited the site to no more than 125 acres.
    Soon after the enactment of Public Law 85-435, the National 
Park Service acquired the land immediately surrounding the 
fort, and in 1978, the Salt Cairn site on the coast was added 
to the memorial by Public Law 95-625. However, the lands 
between the fort and the ocean, including the trail, have not 
been acquired. Legislation is needed to accomplish this goal 
since the memorial has already effectively reached its acreage 
limitation.
    The 1995 General Management Plan for the memorial calls for 
the establishment of the trail linkage between Fort Clatsop and 
the Pacific Ocean, and in addition proposes to add sufficient 
land area to the memorial to provide for the protection of the 
scenic and natural resources that frame the park setting. Since 
the natural setting of the encampment area is an important 
component of the Lewis & Clark story, its preservation would 
assist in public interpretation at the fort, along with 
providing a corresponding benefit to the natural environment 
surrounding the fort. S. 423 increases the authorized size of 
Fort Clatsop National Memorial from 125 acres to 1,500 acres 
and reflects the intent of the General Management Plan to 
include these lands within the park's boundary.
    In addition, this legislation includes the addition of a 
``non-development buffer zone'' at the request of Willamette 
Industries, who suggested that these additional lands, totaling 
approximately 300 acres, be included to protect the viewshed 
from their timber operations. The Department and Willamette 
have agreed that these lands should be acquired by condemnation 
because Willamette's title to the property is not clear. Since 
obtaining a quiet title to the standards required by the 
Department of Justice would be exceedingly difficult, if not 
impossible, both parties have agreed that condemnation is the 
best alternative.
    The Department believes that this legislation is important 
for several reasons. First, time is of the essence in 
completing the land acquisition, environmental reviews, 
engineering and design, and trial construction that is 
necessary to complete this final link in the Lewis and Clark 
National Historical Trail for the bicentennial commemoration. 
Secondly, this legislation represents the completion of a 
process heavily influenced by local stakeholders. Third, this 
bill enjoys broad, bipartisan support at all levels, including 
local and state bicentennial planning committees in Oregon and 
Washington, Clatsop County, the Chinook Tribe, and the National 
Council of the Lewis and Clark Bicentennial.
    As you know, the Department is committed to the President's 
priority of eliminating the National Park Service's deferred 
maintenance backlog and is concerned about the development and 
life cycle operational costs associated with expansion of parks 
already included in the National Park System. However, in light 
of the increasing interest in the Lewis and Clark story as we 
approach the bicentennial of the expedition, the Department 
believes that the $7.5 million needed for land acquisition, and 
the $1.1 million for development costs associated with 
trailhead facilities, parking lots, and other associated 
infrastructure are justified. Funding for land acquisition and 
development would be subject to NPS servicewide priorities and 
the availability of appropriations.
    In addition, we note that the Fort Clatsop Historical 
Association has already purchased some of the lands associated 
with this legislation and will donate them to the park after 
the boundary has been adjusted. We expect that the government's 
efforts will be leveraged through several partners, including 
the Army National Guard, local trail enthusiasts, and the local 
high schools, who have agreed to volunteer with trail 
construction and maintenance. We anticipate the park would seek 
only minor increases in operational costs (below $250,000) 
beyond its existing base funding of $1.1 million.
    S. 423 also includes a provision to authorize the Secretary 
of the Interior to conduct a study of the area known as 
``Station Camp,'' which is located on the Washington side of 
the Columbia River and is where the Lewis and Clark expedition 
camped from November 15-24, 1805. While the Department supports 
this study provision in concept, we believe that the study 
should carefully examine the full life-cycle operation and 
maintenance costs that would result from each alternative 
considered. In addition, in light of our commitment to 
eliminate the deferred maintenance backlog in the national 
parks, our support for the study does not necessarily indicate 
that the Department would support any new commitments that may 
be recommended by the study, and that could divert funds from 
taking care of current responsibilities.
    We recommend one technical amendment to the bill, which is 
attached to the testimony.
    That concludes my testimony. I would be glad to answer any 
questions that you or the members of the subcommittee may have.
    Proposed amendment to S. 423: On page 4, line 13 strike 
``newly expanded boundary'' and insert ``boundary as depicted 
on the map described in section 2(b)''.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 423, as ordered 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):

                           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

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That, 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, there is 
hereby authorized to be established, in the manner provided 
herein, Fort Clatsop National Memorial.
    Sec. 2. (a) 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, and, also, 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 twenty-five acres.] Coast.
    (b) The Memorial shall also include the lands depicted as 
``Addition Lands'' on the map entitled ``Fort Clatsop Boundary 
Map'' numbered and dated ``405-80026A-CCO-June 1996''. The area 
designated in the map as the ``Buffer Zone'' shall not be 
developed, but shall be managed as a visual buffer.
    (c) The total area for the Memorial shall not exceed 1,500 
acres.
    Sec. 3. (a) 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) Such lands included within the boundary as depicted on 
the map referenced in section 2(b) may be acquired only from 
willing sellers, with the exception of corporately-owned 
timberlands.
    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, 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.

                                  
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