[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2172 Introduced in House (IH)]
1st Session
H. R. 2172
To establish the Vancouver National Historic Reserve, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 1995
Mrs. Smith of Washington introduced the following bill; which was
referred to the Committee on Resources
_______________________________________________________________________
A BILL
To establish the Vancouver National Historic Reserve, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vancouver National Historic Reserve
Act of 1995''.
SEC. 2. FINDINGS AND DECLARATIONS; PURPOSES.
(a) Findings and Declarations.--Congress finds and declares that--
(1) the lower Columbia River basin and Vancouver,
Washington, have been the focal point of a number of important
periods, themes, and events in American history and prehistory,
including native settlements, westward expansion of the British
colonies and the United States from 1763 to 1898, and political
and military affairs from 1856 to 1941;
(2)(A) the Columbia River is the central feature around
which the history of the Vancouver National Historic Reserve
and the entire Pacific Northwest revolve and has been an artery
for communication and trade since prehistoric times; and
(B) the Historic Reserve is located on the shores of the
Columbia River 78 miles from the Pacific Ocean;
(3) Fort Vancouver was founded in 1825 by the Hudson Bay
Company, and its development from 1825 to 1860 was seminal to
Euro-American settlement of the Northwest;
(4) Fort Vancouver National Historic Site was established
as a unit of the National Park System in 1948;
(5) Vancouver Barracks served as the principal
administrative outpost of the United States Army in the Pacific
Northwest from 1849 until World War I, served as a command post
during the Native American Wars of the mid- to late-19th
century, and provided major facilities for support of United
States military ventures throughout the Pacific during the
Spanish-American War and the two World Wars;
(6) as part of Vancouver Barracks, Pearson Airfield was the
site of significant events in the history of aviation in the
Pacific Northwest during the interwar period between 1923 and
1941;
(7) Pearson Airfield continues to be an important home to
historic aircraft and historic aviation;
(8) the Historic Reserve contains a number of discovered as
well as unrecovered archaeological sites significant to the
history of North America and the growth of the United States;
(9) the Historic Reserve is located close to major
metropolitan areas, including Portland, Oregon, Tacoma,
Washington, and Seattle, Washington, and is immediately
adjacent to Interstate Route 5, the major north-south
interstate highway of the Pacific Northwest;
(10) many Federal, State, and local government entities,
private organizations, and individuals have expressed a desire
to join forces and work together in a cooperative spirit in
order to preserve, interpret, and enhance the cultural,
recreational, and educational potential of the Historic
Reserve;
(11) the document entitled ``Vancouver National Historical
Reserve Feasibility Study and Environmental Assessment'', as
required by Public Law 101-523 (104 Stat. 2297), made certain
findings and recommendations, including recommendations that--
(A) the Vancouver National Historic Reserve be
established; and
(B) a partnership among Federal, State and local
agencies be formed to--
(i) manage, enhance, and preserve the
historical assets of the area;
(ii) plan and develop a new Pearson Airpark
Historical Museum; and
(iii) continue operation of Pearson Airpark
after 2002, with measures and a timetable by
which Pearson Airpark will be converted from
general aviation to long-term historical uses;
and
(12) Congress endorses the findings and recommendations
made in the Vancouver National Historical Reserve Feasibility
Study and Environmental Assessment.
(b) Purposes.--The purposes of this Act are--
(1) to preserve, enhance, and interpret the significant
aspects of the land, water, structures, and history of the
Historic Reserve; and
(2) to establish a cooperative arrangement through which an
integrated cultural, historical, recreational, and educational
land resource management program may be developed and
implemented to achieve those purposes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Chairperson.--The term ``Chairperson'' means the
Chairperson of the Partnership elected under section 5(e)(3).
(2) Cooperative agreement.--The term ``cooperative
agreement'' means a cooperative agreement entered into under
section 5(g).
(3) Historic aircraft.--The term ``historic aircraft''
means an aircraft that--
(A) is based on a design from the World War II era
or earlier;
(B) is 50 years old or older; or
(C) is of historical significance, as determined by
a qualified aviation advisory group selected by the
Partnership.
(4) Historic reserve.--The term ``Historic Reserve'' means
the Vancouver National Historic Reserve established by section
4.
(5) Management plan.--The term ``management plan'' means
the management plan developed and submitted under section 8.
(6) Member agency.--The term ``member agency'' means--
(A) the National Park Service;
(B) the Historic Preservation Office of the State
of Washington;
(C) the Department of the Army; and
(D) the city of Vancouver, Washington.
(7) Partnership.--The term ``Partnership'' means the
Vancouver National Historic Reserve Partnership described in
section 5.
(8) Pearson economic plan.--The term ``Pearson economic
plan'' means the Pearson Airpark economic viability and
mitigation plan under section 9(b).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 4. VANCOUVER NATIONAL HISTORIC RESERVE.
(a) Establishment.--There is established the Vancouver National
Historic Reserve.
(b) Areas To Be Included in the Historic Reserve.--The Historic
Reserve--
(1) shall be comprised of approximately 366 acres of
publicly owned land, as generally depicted on the map entitled
``Vancouver National Historic Reserve--Proposed Reserve Area'',
contained in the report entitled ``Vancouver National
Historical Reserve Feasibility Study and Environmental
Assessment'' at page 97, published by the Vancouver Historical
Study Commission and dated April 1993; and
(2) shall include the following lands and facilities:
(A) Fort Vancouver National Historic Site.
(B) Vancouver Barracks.
(C) Pearson Airfield and Air Museum.
(D) Officers Row.
(E) Old Apple Tree Park.
(F) Marine Park.
(G) The area of the Columbia River waterfront
identified in the map described in paragraph (1).
(H) The land and easements dedicated to the city of
Vancouver, Washington, for a waterfront trail within
the Columbia Shores property.
(I) A pedestrian-only path between the Marine Park
and the southeastern corner of the Historic Reserve at
Columbia Way.
(c) Availability of Map.--The map described in subsection (b)(1)
shall be on file and available for public inspection in the offices of
the Director of the National Park Service.
SEC. 5. VANCOUVER NATIONAL HISTORIC RESERVE PARTNERSHIP.
(a) Authorization.--The Secretary and the Secretary of the Army may
participate as members of a body to be known as the ``Vancouver
National Historic Reserve Partnership'' in accordance with the terms
and conditions stated in this Act.
(b) Nature of Partnership.--
(1) In general.--The Partnership shall serve as a vehicle
for cooperation and collaboration among the member agencies in
accordance with this Act, but--
(A) the Partnership shall not constitute an
advisory committee under the Federal Advisory Committee
Act (5 U.S.C. App.), an agency of the United States, or
other form of legal entity separate from the member
agencies; and
(B) the member agencies shall not be treated as
partners in a legal sense.
(2) Retention of authority.--Each member agency shall
retain direct management authority over its lands, facilities,
and programs in the Historic Reserve.
(c) Purpose.--The purpose of the Partnership shall be to oversee
the protection, enhancement, and development of the Historic Reserve.
(d) Activities.--The Partnership shall--
(1) act as a forum for cooperation and coordination among
the member agencies;
(2) make reasonable efforts to minimize staffing,
development, and operational costs to each member agency;
(3) promote the coordinated protection, use, and
interpretation of the cultural, recreational, and educational
resources of the Historic Reserve;
(4) identify additional opportunities for appropriate
public use and enjoyment of the Historic Reserve; and
(5) develop and coordinate implemention of the management
plan (including the Pearson economic plan) and an interpretive
plan for the Historic Reserve under section 8(b)(2).
(e) Representatives.--
(1) In general.--The Partnership shall be comprised of--
(A) a representative of the National Park Service,
appointed by the Secretary;
(B) a representative of the Historic Preservation
Office of the State of Washington, appointed by the
Governor of the State of Washington;
(C) a representative of the Department of the Army,
appointed by the Secretary of the Army;
(D) a representative of the city of Vancouver,
Washington, appointed by the mayor of the city of
Vancouver; and
(E) a representative of the general public,
appointed by the Secretary from among citizens of the
State of Washington recommended by the Governor of the
State of Washington and the mayor of Vancouver,
Washington.
(2) Terms of service.--
(A) In general.--A representative to the
Partnership--
(i) shall be appointed for terms of 3
years; and
(ii) may be reappointed.
(B) Vacancies.--A representative to the Partnership
appointed to fill a vacancy occurring before the
expiration of the term for which the representative's
predecessor was appointed shall be appointed only for
the remainder of the term.
(C) Continued service until appointment of
successor.--A representative to the Partnership
appointed for a definite term may serve after the
expiration of the representative's term until the
representative's successor has taken office.
(3) Chairperson.--The Partnership shall have a Chairperson
who--
(A) shall be elected by the representatives to the
Partnership for a term of 2 years; and
(B) shall coordinate and preside over meetings,
discussions, and other activities of the Partnership.
(f) Meetings.--
(1) In general.--The Partnership shall meet at least
quarterly at the call of the Chairperson or a majority of the
representatives to the Partnership.
(2) Open meetings.--Meetings of the Partnership shall be
held in accordance with the principles embodied in section 552b
of title 5, United States Code, adapted as appropriate to apply
to the Partnership.
(3) Hearings.--The Partnership may, for the purposes of
carrying out this Act, hold hearings, sit and act at such times
and places, take such testimony, and receive such evidence as
the Partnership considers appropriate.
(g) Cooperative Agreement.--
(1) In general.--Not later than 1 year after the
Partnership conducts its first meeting, the Partnership shall
prepare and submit to the Secretary for review and approval a
cooperative agreement to govern the operations of the
Partnership.
(2) Public participation.--The cooperative agreement shall
be prepared with public participation.
(3) Contents.--The cooperative agreement shall--
(A) describe the goals and objectives of the
Historic Reserve and the basic responsibilities of the
members of the Partnership, in fulfilling the purposes
and carrying out the activities of the Partnership;
(B) contain a brief outline of the objectives that
are likely to be included in the management plan in
order to achieve the purposes of the Historic Reserve;
and
(C) provide for the making available by the member
agencies of such staffing, administrative support
services, and facilities for the use of the Partnership
as will enable the Partnership to perform its
functions.
(4) Approval.--The cooperative agreement shall become
effective on approval by the Secretary.
SEC. 6. STAFFING, ADMINISTRATIVE SUPPORT, AND USE OF FACILITIES.
(a) In General.--The member agencies shall provide staffing,
administrative support services, and facilities for the Partnership as
specified in the cooperative agreement (including facilities leased by
a member agency and made available for use by the Partnership).
(b) Experts and Consultants.--The Secretary may procure and make
available to the Partnership temporary and intermittent services under
section 3109(b) of title 5, United States Code, but at rates determined
by the Partnership to be reasonable.
(c) Staff of Government Agencies.--
(1) Federal agencies.--On request of the Secretary, the
head of any Federal agency may detail, on a reimbursable basis,
any of the personnel of the agency to the Secretary to assist
the Partnership in carrying out the Partnership's activities.
(2) State and local agencies.--The Partnership may accept
the service of personnel detailed from the State, or any
political subdivision or regional planning organization, and
may reimburse the State, political subdivision, or regional
planning organization for those services.
(d) Administrative Support Services.--The Administrator of the
General Services Administration shall provide to the Partnership on a
reimbursable basis such administrative support services as the
Secretary may request.
(e) Mails.--The Secretary may use the United States mails for
correspondence of the Partnership in the performance of the activities
of the Partnership in the same manner and under the same conditions as
for correspondence of the Department of the Interior in the performance
of activities of the Department of the Interior.
SEC. 7. REAL AND PERSONAL PROPERTY.
(a) Acceptance.--For purposes of carrying out its activities, the
Partnership may--
(1) seek, accept, and dispose of donations of real property
(including an interest in real property), money or other
personal property, or services received from any source; and
(2) acquire real property (including an interest in real
property) by purchase from a willing seller with donated funds
or funds appropriated to the Secretary and made available for
the purposes of the Historic Reserve.
(b) Treatment.--Any real property or money or other personal
property accepted or acquired by the Partnership under subsection (a)--
(1) shall be held by a member agency designated by the
Partnership in trust for the Partnership pending disposition of
the property under subsection (c); and
(2) shall be treated as a charitable contribution under
section 170(c) of the Internal Revenue Code of 1986.
(c) Disposition.--
(1) Use of funds as matching funds.--The Partnership may
use its funds to obtain money from any source under any program
or law requiring the recipient of such money to make a
contribution in order to receive such money.
(2) Conveyance.--As soon as practicable after real property
or personal property is accepted or acquired by the Partnership
under subsection (a)--
(A) the Partnership shall determine whether the
property should be conveyed to 1 of the member
agencies, on condition that the property be used for
the benefit of the Historic Reserve, or sold to raise
funds to be used for the benefit of the Historic
Reserve; and
(B) the member agency holding the property in trust
shall effectuate the conveyance or sale.
SEC. 8. HISTORIC RESERVE MANAGEMENT PLAN.
(a) Development and Submission to Secretary.--Not later than 3
years after the Partnership conducts its first meeting, the Partnership
shall develop a Historic Reserve management plan and submit the plan to
the Secretary for review and approval.
(b) Contents.--The management plan shall--
(1) define a timetable for actions of the Partnership and
for development of the specific programs and facilities of the
Historic Reserve;
(2) establish requirements for an interpretive plan for the
Historic Reserve, to be developed by the Partnership, that--
(A) provides a framework for all the institutions
within the Historic Reserve to incorporate information
on the overlapping continuum of history represented in
the Historic Reserve area; and
(B) addresses coordination of facilities programs;
and
(3) include the Pearson economic plan.
(c) Approval.--The management plan shall become effective on
approval by the Secretary.
(d) Amendment and Review.--As appropriate, the Partnership shall
evaluate the progress made in implementing the management plan and
shall submit to the Secretary a revised management plan for the
Secretary's review and approval.
(e) Memoranda of Agreement.--For purposes of carrying out the
management plan, the Partnership may enter into a memorandum of
agreement with a State, political subdivision of a State, or private
person or organization that, at a minimum, establishes procedures for
providing notice to the Partnership of any action proposed by the
State, political subdivision, or person or organization that may affect
implementation of the management plan.
SEC. 9. PEARSON AIRPARK.
(a) Conditions on Continued General Aviation Use.--General aviation
at Pearson Airpark, as permitted to be conducted on National Park
Service property on the date of enactment of this Act, shall be
permitted after the year 2002 subject to the following conditions:
(1) Museum.--Pearson Airfield and Air Museum shall be
operated by the city of Vancouver, Washington, or its
designated entity.
(2) Fee and rental.--The city of Vancouver, Washington,
shall pay the National Park Service--
(A) a fee of $1 per year for the continued use and
occupancy of Pearson Airpark on National Park Service
property; and
(B) the appraised fair market land rental value of
the portion of the National Park Service property that
is used for development of the Pearson Airpark
Historical Museum, as determined in consultation with
the Partnership.
(3) Removal of extraneous buildings and devices.--All
nonhistoric aviation-related facilities and equipment,
including T-hangars and associated taxiways, shall be removed
by the city of Vancouver from National Park Service property by
April 6, 2003, except those necessary for navigation and
safety.
(4) No compensation.--The city of Vancouver shall not be
compensated for historic aviation-related facilities or
equipment remaining on National Park Service property, but
shall be liable and responsible for continued use and
maintenance of those facilities and that equipment.
(5) Improvements and additions.--The approval of the
Secretary shall be required for all improvements and additions
to facilities or equipment of the Air Museum located on
property of the National Park Service.
(6) Helicopters.--Helicopters shall not be based at Pearson
Airpark except as necessary to accommodate emergency, disaster,
or national security needs.
(7) Number of aircraft.--The number of airworthy aircraft
based at Pearson Airpark shall be determined under the Pearson
economic plan.
(b) Pearson Economic Plan.--
(1) In general.--The Partnership shall prepare an economic
viability and mitigation plan for Pearson Airpark and include
the plan in the management plan.
(2) Requirements.--The Pearson economic plan shall require
the following:
(A) A report, through the Secretary, to Congress by
the year 2022 regarding the advisability of continuing
to base some general aviation aircraft at Pearson
Airpark, taking into account their impact on National
Park Service operations, the needs of the community,
and whether or not general aviation aircraft are
necessary to support the economic viability of the
historic aircraft mission within the Historic Reserve.
(B) Incentives and regulations to encourage a
transition from basing predominantly general aviation
aircraft to basing only historic aircraft by April 6,
2022, after which date no general aviation aircraft
shall be allowed at Pearson Airpark unless a
continuation of general aviation is expressly
authorized by Act of Congress enacted after the date of
enactment of this Act.
(C) A program, coordinated with the Federal
Aviation Administration and other agencies, to mitigate
or eliminate any conflicts related to the operation of
Pearson Airpark and other activities within the
Historic Reserve, that addresses noise, safety, visual
intrusion, and the location of new facilities.
(D) A Pearson Airpark Historical Museum plan,
including budgetary strategies by which proceeds from
general aviation and other sources will fund the museum
and other aviation curation activities.
SEC. 10. DUTIES AND POWERS OF THE SECRETARY.
(a) In General.--The National Park Service shall have the lead
Federal agency role for--
(1) implementing the management plan; and
(2) planning, designing, constructing, and supervising
Historic Reserve facilities.
(b) Assistance in Preparing the Cooperative Agreement and
Management Plan.--On request of the Partnership, the Secretary may--
(1) through the Director of the National Park Service,
provide matching funds to assist the Partnership in development
of the management plan; and
(2) provide technical assistance in preparing and
developing the management plan.
(c) Approval and Disapproval of Cooperative Agreement and
Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
a proposed cooperative agreement or management plan not later
than 90 days after receiving the proposed cooperative agreement
management plan.
(2) Disapproval.--If the Secretary disapproves a
cooperative agreement or management plan, the Secretary shall
advise the Partnership in writing of the reasons for the
disapproval and shall make recommendations for revisions of the
agreement or plan.
(3) Revision.--The Secretary shall approve or disapprove a
proposed revision not later than 90 days after the date on
which the revision is submitted.
(d) Amendments to Management Plan.--The Secretary shall review, and
approve or disapprove, substantial amendments to the management plan.
(e) Assistance in Implementing the Management Plan.--
(1) In general.--The Secretary may, on request of the
Partnership, provide technical and financial assistance in
developing and implementing the management plan.
(2) Nonfederally owned property.--The Secretary, through
the Director of the National Park Service, may make grants to
pay not more than 50 percent of the cost of renovation or
repair of nonfederally owned property in the Historic Reserve
consistent with the management plan.
(3) Public information.--In cooperation with other Federal
agencies, the Secretary shall provide the public with
information regarding the location and character of components
of the Historic Reserve.
SEC. 11. DUTIES OF OTHER FEDERAL ENTITIES.
(a) In General.--Any Federal entity conducting or supporting
activities directly affecting the Historic Reserve, and any unit of
government acting pursuant to a grant of Federal funds or a Federal
permit or agreement conducting or supporting such activities, shall, to
the maximum extent practicable--
(1) consult with the Secretary and the Partnership with
respect to such activities;
(2) cooperate with the Secretary and the Partnership in
carrying out activities under this Act and coordinate those
activities with the carrying out of activities under this Act;
and
(3) conduct or support activities in a manner that is
consistent with the management plan unless the Federal entity,
after consultation with the Partnership, determines that there
is no practicable alternative.
(b) Assistance Under Other Law.--Nothing in this Act shall be
construed to prohibit the Secretary or other units of government from
providing technical or financial assistance as authorized under any
other law.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated, in
addition to amounts authorized to be appropriated for the Fort
Vancouver National Historic Site under other law, such sums as are
necessary to carry out this Act.
(b) Cost Share.--
(1) In general.--The Federal share of the costs of
activities of the Partnership for any fiscal year may not
exceed 50 percent of the total costs of the activities of the
Partnership for that fiscal year.
(2) Form.--The Federal and non-Federal share of the costs
for activities of the Partnership may be in the form of cash,
services, or in-kind contributions, fairly valued.
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HR 2172 IH----2