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108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-570
======================================================================


 
        LEWIS AND CLARK NATIONAL HISTORICAL PARK DESIGNATION ACT

                                _______
                                

 June 25, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3819]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3819) 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, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

   TITLE I--LEWIS AND CLARK NATIONAL HISTORICAL PARK DESIGNATION ACT

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Lewis and Clark National Historical 
Park Designation Act''.

SEC. 102. DEFINITIONS.

  As used in this title:
          (1) Park.--The term ``park'' means the Lewis and Clark 
        National Historical Park designed in section 103.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 103. LEWIS AND CLARK NATIONAL HISTORICAL PARK.

  (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;
          (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 a 
        ``Memorial to Thomas Jefferson'' 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) 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.
          (4) Cape disappointment.--After the withdrawal of any of the 
        Federal lands from operation of the public land laws at Cape 
        Disappointment in the State of Washington is relinquished by 
        the Army Corps of Engineers or the United States Coast Guard, 
        administrative jurisdiction over those lands shall be resumed 
        by the Secretary. After administrative jurisdiction is resumed, 
        the Secretary, acting through the Director of the National Park 
        Service, shall enter into cooperative management agreements 
        with appropriate officials in the State of Washington pursuant 
        to section 104(c) to manage those Federal lands as a State 
        park.
  (d) 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.

  (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) 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.), 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.

  (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.

  There are authorized to be appropriated such sums as may be necessary 
to carry out this title.

             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.

                          Purpose of the Bill

    The purpose of H.R. 3819 is 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.

                  Background and Need for Legislation

    Public Law 85-435 (72 Stat. 153; 16 U.S.C. 450mm et seq.) 
established the Fort Clatsop National Memorial for ``preserving 
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.''
    Title I of the bill designates the Lewis and Clark National 
Historic Park. Included within the Park is the Fort Clatsop 
National Memorial plus additional specified lands. The bill 
also authorizes the Secretary to acquire land, interests in 
land, and improvements, by 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. The purpose of these acquisitions is to 
preserve the historic, cultural, scenic and natural resources 
associated with the arrival of the Lewis and Clark Expedition 
in the lower Columbia River area and to commemorate the 
culmination and the winter encampment of the Lewis and Clark 
Expedition following its successful crossing of the North 
American continent.
    Land identified for acquisition, and contained within the 
boundaries of the map on file with the National Park Service 
totals 560 acres. This total is comprised of 390 acres through 
easements with willing sellers, 45 acres donated by the State 
of Washington, and 10 acres that would be transferred from the 
federal government. The remaining 160 acres would be acquired 
in fee or easement from willing sellers.
    The bill also allows the Secretary to enter into 
cooperative agreements with appropriate officials in the States 
of Washington and Oregon to facilitate the preservation of a 
comprehensive picture of the Lewis and Clark Exhibition's 
experiences in the lower Columbia River area and promote more 
efficient administration of the sites associated with those 
experiences.
    Title II of the bill creates the Lewis and Clark Eastern 
Legacy Study. The study requires that the Secretary of the 
Interior 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 Lewis and 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. The 
focus of the study 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.

                            Committee Action

    H.R. 3819 was introduced by Congressman Brian Baird (D-WA) 
on February 24, 2004. The bill was referred to the Committee on 
Resources and within the Committee to the Subcommittee on 
National Parks, Recreation and Public Lands. On April 22, 2004, 
the Subcommittee on National Parks, Recreation and Public Lands 
met to mark up the bill. No amendments were offered and the 
bill was then forwarded to the Full Resources Committee by 
unanimous consent. On May 5, 2004, the Full Committee on 
Resources met to consider the bill. Chairman Richard Pombo (R-
CA) offered an amendment in the nature of a substitute to 
clarify the transfer of existing federal land to the National 
Park Service, and to authorize additional eastern sites of the 
Lewis and Clark Expedition for study. The amendment was agreed 
to by unanimous consent. The bill as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8, of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 17, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3819, the Lewis 
and Clark National Historical Park Designation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 3819--Lewis and Clark National Historical Park Designation Act

    H.R. 3819 would redesignate the Fort Clatsop National 
Memorial in Oregon as the Lewis and Clark National Historical 
Park and expand its boundaries to include three sites in the 
state of Washington. The bill would authorize the National Park 
Service (NPS) to acquire real property within the boundaries of 
the historical park by purchase, donation, exchange, or 
transfer. Under the bill, the NPS (after receiving funding) 
would have three years to update the existing general 
management plan for Fort Clatsop and one year to complete a 
study of eastern sites associated with the Lewis and Clark 
expedition. Finally, the bill would authorize the appropriation 
of whatever amounts are necessary for these purposes.
    Based on information provided by the NPS and assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing H.R. 3819 would cost the federal government $7.5 
million over the next four years. Of this amount, we estimate 
that the NPS would use $2 million in 2006 to purchase land (or 
other property interests such as easements) in Washington. The 
NPS would need an estimated $4 million over the following two 
years to develop new interpretive and visitor facilities on 
that property and on lands to be donated by the state or 
transferred by other federal agencies. We expect that spending 
of the remaining $1.5 million would be spread over the 2005-
2008 period to revise or develop planning documents, carry out 
the required study of eastern sites, and manage newly acquired 
areas. Finally, CBO estimates that managing the new sites would 
increase annual park operating and maintenance costs by 
$400,000 a year beginning in 2009, also assuming the 
availability of appropriated funds. Enacting this legislation 
would have no effect on federal revenues or direct spending.
    H.R. 3819 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no significant costs on state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets and 
existing law in which no change is proposed is shown in roman):

                          ACT OF MAY 29, 1958

                          (Public Law 85-436)

   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 
enactment, 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) Initial Designation of Lands.--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, including the site of the salt cairn (specifically, 
lot number 18, block 1, Cartwright Park Addition of Seaside, 
Oregon) utilized by that expedition and adjacent portions of 
the old trail which led overland from the fort to the coast.
  [(b) Authorized Expansion.--The Fort Clatsop National 
Memorial shall also include the lands depicted on the map 
entitled ``Fort Clatsop Boundary Map'', numbered ``405-80026C-
CCO'', and dated June 1996.
  [(c) Maximum Designated Area.--The total area designated as 
the Fort Clatsop National Memorial shall not exceed 1,500 
acres.
  [Sec. 3. (a) Acquisition Methods.--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) Limitation.--The lands (other than corporately owned 
timberlands) depicted on the map referred to in section 2(b) 
may be acquired by the Secretary of the Interior only by 
donation or purchase from willing sellers.
  [Sec. 4. (a) Administration.--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.
  [(b) Memorandum of Understanding.--If the owner of 
corporately owned timberlands depicted on the map referred to 
in section 2(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 of the Interior shall 
enter into a memorandum of understanding with the owner 
regarding the manner in which such lands will be managed after 
acquisition by the United States.]