[108th Congress Public Law 387]
[From the U.S. Government Printing Office]
[DOCID: f:publ387.108]
[[Page 2233]]
LEWIS AND CLARK NATIONAL HISTORICAL PARK AND EASTERN LEGACY STUDY
[[Page 118 STAT. 2234]]
Public Law 108-387
108th Congress
An Act
To redesignate Fort Clatsop National Memorial as the Lewis and Clark
National Historical Park, to include in the park sites in the State of
Washington as well as the State of Oregon, and for other
purposes. <<NOTE: Oct. 30, 2004 - [H.R. 3819]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE <<NOTE: Lewis and Clark National Historical Park Designation
Act.>> I--LEWIS AND CLARK NATIONAL HISTORICAL PARK DESIGNATION ACT
SEC. 101. SHORT TITLE. <<NOTE: 16 USC 410kkk note.>>
This title may be cited as the ``Lewis and Clark National Historical
Park Designation Act''.
SEC. 102. DEFINITIONS. <<NOTE: 16 USC 410kkk.>>
As used in this title:
(1) Park.--The term ``park'' means the Lewis and Clark
National Historical Park designated in section 103.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 103. LEWIS AND CLARK NATIONAL HISTORICAL PARK. <<NOTE: 16
USC 410kkk-1.>>
(a) Designation.--In order to 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 for the purpose of commemorating
the culmination and the winter encampment of the Lewis and Clark
Expedition in the winter of 1805-1806 following its successful crossing
of the North American Continent, there is designated as a unit of the
National Park System the Lewis and Clark National Historical Park.
(b) Boundaries.--The boundaries of the park are those generally
depicted on the map entitled ``Lewis and Clark National Historical Park,
Boundary Map'', numbered 405/80027, and dated December 2003, and which
includes--
(1) lands located in Clatsop County, Oregon, which are
associated with the winter encampment of the Lewis and Clark
Expedition, known as Fort Clatsop and designated as the Fort
Clatsop National Memorial by Public Law 85-435, including the
site of the salt cairn (specifically, lot number 18, block 1,
Cartwright Park Addition of Seaside, Oregon) used by that
expedition and adjacent portions of the old trail which led
overland from the fort to the coast;
[[Page 118 STAT. 2235]]
(2) lands identified as ``Fort Clatsop 2002 Addition Lands''
on the map referred to in this subsection; and
(3) lands located along the lower Columbia River in the
State of Washington associated with the arrival of the Lewis and
Clark Expedition at the Pacific Ocean in 1805, which are
identified as ``Station Camp'', ``Clark's Dismal Nitch'', and
``Cape Disappointment'' on the map referred to in this
subsection.
(c) Acquisition of Land.--
(1) Authorization.--The Secretary is authorized to acquire
land, interests in land, and improvements therein within the
boundaries of the park, as identified on the map referred to in
subsection (b), by donation, purchase with donated or
appropriated funds, exchange, transfer from any Federal agency,
or by such other means as the Secretary deems to be in the
public interest.
(2) Consent of landowner required.--The lands authorized to
be acquired under paragraph (1) (other than corporately owned
timberlands within the area identified as ``Fort Clatsop 2002
Addition Lands'' on the map referred to in subsection (b)) may
be acquired only with the consent of the owner.
(3) <<NOTE: Contracts.>> Acquisition of fort clatsop 2002
addition lands.--If the owner of corporately owned timberlands
within the area identified as ``Fort Clatsop 2002 Addition
Lands'' on the map referred to in subsection (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 shall enter into a memorandum of understanding with
the owner regarding the manner in which such lands shall be
managed after acquisition by the United States.
(d) Cape Disappointment.--
(1) Transfer.--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.
(2) Withdrawn land.--
(A) 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.
(B) Transfer.--On receipt of a notice under
subparagraph (A), the withdrawn land shall be
transferred to the administrative jurisdiction of the
Secretary, to be administered as part of the park.
(3) Memorial to thomas jefferson.--All withdrawals of the
20-acre parcel depicted as a ``Memorial to Thomas Jefferson'' on
the map referred to in subsection (b) are revoked, and the
Secretary shall establish a memorial to Thomas Jefferson on the
parcel.
(4) 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''.
[[Page 118 STAT. 2236]]
(e) Map Availability.--The map referred to in subsection (b) shall
be on file and available for public inspection in the appropriate
offices of the National Park Service.
SEC. 104. ADMINISTRATION. <<NOTE: 16 USC 410kkk-2.>>
(a) In General.--The park shall be administered by the Secretary in
accordance with this title and with laws generally applicable to units
of the National Park System, including the Act of August 25, 1916 (39
Stat. 535; 16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (49 Stat.
666; 16 U.S.C. 461 et seq.).
(b) <<NOTE: Deadline.>> Management Plan.--Not later than 3 years
after funds are made available for this purpose, the Secretary shall
prepare an amendment to the General Management Plan for Fort Clatsop
National Memorial to guide the management of the park.
(c) Cooperative Management.--In order to facilitate the presentation
of a comprehensive picture of the Lewis and Clark Expedition's
experiences in the lower Columbia River area and to promote more
efficient administration of the sites associated with those experiences,
the Secretary may enter into cooperative management agreements with
appropriate officials in the States of Washington and Oregon in
accordance with the authority provided under section 3(l) of Public Law
91-383 (112 Stat. 3522; 16 U.S.C. 1a-2).
SEC. 105. REPEAL OF SUPERSEDED LAW.
(a) In General.--Public Law 85-435 (72 Stat. 153; 16 U.S.C. 450mm et
seq.), <<NOTE: 16 USC 450mm--450mm-3. 16 USC 410kkk-3.>> regarding the
establishment and administration of Fort Clatsop National Memorial, is
repealed.
(b) References.--Any reference in any law (other than this title),
regulation, document, record, map or other paper of the United States to
``Fort Clatsop National Memorial'' shall be considered a reference to
the ``Lewis and Clark National Historical Park''.
SEC. 106. PRIVATE PROPERTY PROTECTION. <<NOTE: 16 USC 410kkk-4.>>
(a) Access to Private Property.--Nothing in this title shall be
construed to--
(1) require any private property owner to permit public
access (including Federal, State, or local government access) to
such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private lands.
(b) Liability.--Designation of the park shall not be considered to
create any liability, or to have any effect on any liability under any
other law, of any private property owner with respect to any persons
injured on such private property.
(c) Recognition of Authority to Control Land Use.--Nothing in this
title shall be construed to modify any authority of Federal, State, or
local governments to regulate the use of private land within the
boundary of the park.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS. <<NOTE: 16 USC 410kkk-5.>>
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
[[Page 118 STAT. 2237]]
TITLE II--LEWIS AND CLARK EASTERN LEGACY STUDY
SEC. 201. DESIGNATION OF ADDITIONAL SITES FOR STUDY.
(a) Study.--
(1) In general.--The Secretary of the Interior shall update,
with an accompanying map, the 1958 Lewis and Clark National
Historic Landmark theme study to determine the historical
significance of the eastern sites of the Corps of Discovery
expedition used by Meriwether Lewis and William Clark, whether
independently or together, in the preparation phase starting at
Monticello, Virginia, and traveling to Wood River, Illinois, and
the return phase from Saint Louis, Missouri, to Washington,
District of Columbia, including sites in Virginia, Washington,
District of Columbia, Maryland, Delaware, Pennsylvania, West
Virginia, Ohio, Kentucky, Tennessee, Indiana, and Illinois.
(2) Focus of update; nomination and addition of
properties.--The focus of the study under paragraph (1) shall be
on developing historic context information to assist in the
evaluation and identification, including the use of plaques, of
sites eligible for listing in the National Register of Historic
Places or designation as a National Historic Landmark.
(b) Report.--Not later than 1 year after funds are made available
for the study under this section, the Secretary shall submit to the
Committee on Resources in the House of Representatives and the Committee
on Energy and Natural Resources in the Senate a report describing any
findings, conclusions, and recommendations of the study.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
Approved October 30, 2004.
LEGISLATIVE HISTORY--H.R. 3819 (S. 2167):
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HOUSE REPORTS: No. 108-570 (Comm. on Resources).
SENATE REPORTS: No. 108-322 accompanying S. 2167 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 19, considered and passed House.
Oct. 10, considered and passed Senate.
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