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[108th Congress Public Law 387]
[From the U.S. Government Printing Office]

[DOCID: f:publ387.108]

[[Page 2233]]

    LEWIS AND CLARK NATIONAL HISTORICAL PARK AND EASTERN LEGACY STUDY

[[Page 118 STAT. 2234]]

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. <<NOTE: Oct. 30, 2004 -  [H.R. 3819]>> 

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

   TITLE <<NOTE: Lewis and Clark National Historical Park Designation 
Act.>> I--LEWIS AND CLARK NATIONAL HISTORICAL PARK DESIGNATION ACT

SEC. 101. SHORT TITLE. <<NOTE: 16 USC 410kkk note.>> 

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

SEC. 102. DEFINITIONS. <<NOTE: 16 USC 410kkk.>> 

    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. <<NOTE: 16 
            USC 410kkk-1.>> 

    (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;

[[Page 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) <<NOTE: Contracts.>> 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''.

[[Page 118 STAT. 2236]]

    (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. <<NOTE: 16 USC 410kkk-2.>> 

    (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) <<NOTE: Deadline.>> 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.), <<NOTE: 16 USC 450mm--450mm-3. 16 USC 410kkk-3.>> 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. <<NOTE: 16 USC 410kkk-4.>> 

    (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. <<NOTE: 16 USC 410kkk-5.>> 

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

[[Page 118 STAT. 2237]]

             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.

    Approved October 30, 2004.

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

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