Text: H.R.2172 — 104th Congress (1995-1996)All Information (Except Text)

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Introduced in House (08/02/1995)

[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 2172 Introduced in House (IH)]

  1st Session
                                H. R. 2172

  To establish the Vancouver National Historic Reserve, and for other 



                             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 
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,


    This Act may be cited as the ``Vancouver National Historic Reserve 
Act of 1995''.


    (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 
            (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 
            (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; 
            (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.


    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 
            (4) Historic reserve.--The term ``Historic Reserve'' means 
        the Vancouver National Historic Reserve established by section 
            (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.


    (a) Establishment.--There is established the Vancouver National 
Historic Reserve.
    (b) Areas To Be Included in the Historic Reserve.--The Historic 
            (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.


    (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, 
            (2) Terms of service.--
                    (A) In general.--A representative to the 
                            (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 
                    (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 
            (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; 
                    (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 
            (4) Approval.--The cooperative agreement shall become 
        effective on approval by the Secretary.


    (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.


    (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.


    (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; 
            (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.


    (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 
            (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.


    (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.


    (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; 
            (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.


    (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.
HR 2172 IH----2

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