PUBLIC LAW 108–387—OCT. 30, 2004

LEWIS AND CLARK NATIONAL HISTORICAL

PARK AND EASTERN LEGACY STUDY

118 STAT. 2234 PUBLIC LAW 108–387—OCT. 30, 2004

Public Law 108–387

108th Congress

An Act

To redesignate Fort Clatsop National Memorial as the Lewis and Clark National

Historical Park, to include in the park sites in the State of Washington as

well as the State of Oregon, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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 designated 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;

16 USC

410kkk–1.

16 USC 410kkk.

16 USC 410kkk

note.

Lewis and Clark

National

Historical Park

Designation Act.

Oct. 30, 2004

[H.R. 3819]

PUBLIC LAW 108–387—OCT. 30, 2004 118 STAT. 2235

(2) lands identified as ‘‘Fort Clatsop 2002 Addition Lands’’

on the map referred to in this subsection; and

(3) lands located along the lower Columbia River in the

State of Washington associated with the arrival of the Lewis

and Clark Expedition at the Pacific Ocean in 1805, which

are identified as ‘‘Station Camp’’, ‘‘Clark’s Dismal Nitch’’, and

‘‘Cape Disappointment’’ on the map referred to in this subsection.

(c) ACQUISITION OF LAND.— (1) AUTHORIZATION.—The Secretary is authorized to acquire

land, interests in land, and improvements therein within the

boundaries of the park, as identified on the map referred to

in subsection (b), by donation, purchase with donated or appropriated funds, exchange, transfer from any Federal agency,

or by such other means as the Secretary deems to be in the

public interest.

(2) CONSENT OF LANDOWNER REQUIRED.—The lands authorized to be acquired under paragraph (1) (other than corporately

owned timberlands within the area identified as ‘‘Fort Clatsop

2002 Addition Lands’’ on the map referred to in subsection

(b)) may be acquired only with the consent of the owner.

(3) ACQUISITION OF FORT CLATSOP 2002 ADDITION LANDS.—

If the owner of corporately owned timberlands within the area

identified as ‘‘Fort Clatsop 2002 Addition Lands’’ on the map

referred to in subsection (b) agrees to enter into a sale of

such lands as a result of actual condemnation proceedings

or in lieu of condemnation proceedings, the Secretary shall

enter into a memorandum of understanding with the owner

regarding the manner in which such lands shall be managed

after acquisition by the United States.

(d) CAPE DISAPPOINTMENT.—

(1) TRANSFER.—Subject to valid rights (including withdrawals), the Secretary shall transfer to the Director of the

National Park Service management of any Federal land at

Cape Disappointment, Washington, that is within the boundary

of the park.

(2) WITHDRAWN LAND.—

(A) NOTICE.—The head of any Federal agency that

has administrative jurisdiction over withdrawn land at

Cape Disappointment, Washington, within the boundary

of the park shall notify the Secretary in writing if the

head of the Federal agency does not need the withdrawn

land.

(B) TRANSFER.—On receipt of a notice under subparagraph (A), the withdrawn land shall be transferred to the

administrative jurisdiction of the Secretary, to be administered as part of the park.

(3) MEMORIAL TO THOMAS JEFFERSON.—All withdrawals of

the 20-acre parcel depicted as a ‘‘Memorial to Thomas Jefferson’’

on the map referred to in subsection (b) are revoked, and

the Secretary shall establish a memorial to Thomas Jefferson

on the parcel.

(4) MANAGEMENT OF CAPE DISAPPOINTMENT STATE PARK

LAND.—The Secretary may enter into an agreement with the

State of Washington providing for the administration by the

State of the land within the boundary of the park known

as ‘‘Cape Disappointment State Park’’.

Contracts.

118 STAT. 2236 PUBLIC LAW 108–387—OCT. 30, 2004

(e) MAP AVAILABILITY.—The map referred to in subsection (b)

shall be on file and available for public inspection in the appropriate

offices of the National Park Service.

SEC. 104. ADMINISTRATION.

(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.

16 USC

410kkk–5.

16 USC

410kkk–4.

16 USC

450mm—

450mm–3.

16 USC

410kkk–3.

Deadline.

16 USC

410kkk–2.

PUBLIC LAW 108–387—OCT. 30, 2004 118 STAT. 2237

LEGISLATIVE HISTORY—H.R. 3819 (S. 2167):

HOUSE REPORTS: No. 108–570 (Comm. on Resources).

SENATE REPORTS: No. 108–322 accompanying S. 2167 (Comm. on Energy and

Natural Resources).

CONGRESSIONAL RECORD, Vol. 150 (2004):

July 19, considered and passed House.

Oct. 10, considered and passed Senate.

Æ

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 PROP- ERTIES.—The focus of the study under paragraph (1) shall be

on developing historic context information to assist in the

evaluation and identification, including the use of plaques, of

sites eligible for listing in the National Register of Historic

Places or designation as a National Historic Landmark.

(b) REPORT.—Not later than 1 year after funds are made available for the study under this section, the Secretary shall submit

to the Committee on Resources in the House of Representatives

and the Committee on Energy and Natural Resources in the Senate

a report describing any findings, conclusions, and recommendations

of the study.

SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may

be necessary to carry out this title.

Approved October 30, 2004.