H.R.2172 - Vancouver National Historic Reserve Act of 1995104th Congress (1995-1996)
|Sponsor:||Rep. Smith, Linda [R-WA-3] (Introduced 08/02/1995)|
|Committees:||House - Resources|
|Latest Action:||10/28/1996 For Further Action See H.R.4236. (All Actions)|
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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 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. <all> HR 2172 IH----2