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103D CONGRESS

2D SESSION H. R. 4607

To establish the Vancouver National Heritage Area, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 21, 1994

Mrs. UNSOELD introduced the following bill; which was referred to the

Committee on Natural Resources

A BILL

To establish the Vancouver National Heritage Area, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Vancouver National

5 Heritage Area Partnership Act of 1994’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—The Congress finds the following:

8 (1) The lower Columbia River basin and Van9 couver have been the focal point of a number of im10 portant periods, themes, and events in American his11 tory and pre-history, including native settlements,
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1 westward expansion of the British colonies and the

2 United States from 1763–1898, political and mili3 tary affairs from 1865 to 1939, and military affairs

4 from 1914–1941.

5 (2) The Columbia River is the central feature

6 around which the history of the Vancouver National

7 Heritage Area and the entire Pacific Northwest re8 volves. The heritage area is located on the shores of

9 the Columbia River 78 miles from the Pacific Ocean.

10 The Columbia River has been an artery for commu11 nication and trade since prehistoric times.

12 (3) Fort Vancouver National Historic Site, a

13 unit of the National Park System, was founded in

14 1825 by the Hudson Bay Company and its develop15 ment from 1825 to 1860 was seminal to Euro-Amer16 ican settlement of the Northwest.

17 (4) The Vancouver Barracks served as the prin18 cipal administrative outpost of the United States

19 Army in the Pacific Northwest from 1849 until

20 World War I, served as a command post during the

21 Native American Wars of the mid to late 19th cen22 tury, and provided major facilities for support of

23 United States military ventures throughout the Pa24 cific during the Spanish American War and the two

25 World Wars.
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1 (5) Pearson Airfield was the site of significant

2 events in the history of aviation in the Pacific

3 Northwest and was particularly prominent during

4 the interwar period between 1923–1941. Today,

5 Pearson Airfield continues to be an important home

6 to historic aircraft and historic aviation.

7 (6) The heritage area contains a number of dis8 covered and unrecovered archaeological sites signifi9 cant to the history of North America and the growth

10 of the United States.

11 (7) The heritage area is located close to major

12 metropolitan areas, including Portland, Tacoma, and

13 Seattle and immediately adjacent to Interstate 5, the

14 major north-south interstate of the Pacific North15 west.

16 (8) Many Federal, State, and local government

17 entities, as well as numerous private organizations

18 and individuals (A) have expressed a desire to join

19 forces and work together in a cooperative spirit in

20 order to preserve, interpret, and enhance the cul21 tural, recreational, and educational potential of the

22 heritage area, and (B) have already demonstrated

23 their ability to effectively cooperate in the course of

24 preparing the ‘‘Vancouver National Historical Re-
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1 serve Feasibility Study and Environmental Assess2 ment’’, as required by Public Law 101–523.

3 (b) PURPOSE.—It is the purpose of this Act—

4 (1) to preserve, enhance, and interpret the sig5 nificant aspects of the lands, water, structures and

6 history of the heritage area, and

7 (2) to provide a partnership that will develop

8 and implement an integrated cultural, historical, rec9 reational, and educational land resource manage10 ment program in order to achieve these purposes.

11 SEC. 3. DEFINITIONS.

12 For the purposes of this Act—

13 (1) the term ‘‘member agencies’’ means the en14 tities specified in paragraphs (1) through (4) of sec15 tion 5(b);

16 (2) the term ‘‘Partnership’’ means the Van17 couver National Heritage Area Partnership estab18 lished by section 5;

19 (3) the term ‘‘Pearson economic plan’’ means

20 the Pearson Airpark economic viability and mitiga21 tion plan required under section 10(8);

22 (4) the term ‘‘heritage area’’ means the Van23 couver National Heritage Area established by section

24 4;
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1 (5) the term ‘‘management plan’’ means the

2 plan developed and submitted under section 9;

3 (6) the term ‘‘Secretary’’ means the Secretary

4 of the Interior; and

5 (7) the term ‘‘Chairperson’’ means the Chair6 person of the Partnership as specified in section

7 5(e).

8 SEC. 4. VANCOUVER NATIONAL HERITAGE AREA.

9 (a) ESTABLISHMENT.—There is hereby established

10 the Vancouver National Heritage Area.

11 (b) AREAS TO BE INCLUDED IN THE HERITAGE

12 AREA.—The heritage area shall be comprised of approxi13 mately 366 acres of publicly owned land, as generally de14 picted on the map entitled ‘‘Vancouver National Historic

15 Reserve—Proposed Reserve Area’’, contained in the report

16 entitled ‘‘Vancouver National Historical Reserve Feasibil17 ity Study and Environmental Assessment’’ at page 97,

18 published by the Vancouver Historical Study Commission,

19 and dated April 1993. The map shall be on file and avail20 able for public inspection in the offices of the Director of

21 the National Park Service. The heritage area shall include

22 the following lands and facilities:

23 (1) Fort Vancouver National Historic Site.

24 (2) Vancouver Barracks.

25 (3) Pearson Airfield and Museum.
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1 (4) Officers Row.

2 (5) Old Apple Tree Park.

3 (6) Marine Park.

4 (7) The area of the Columbia River waterfront

5 identified in such map.

6 (8) The land and easements dedicated to the

7 city of Vancouver for a waterfront trail within the

8 Columbia Shores property.

9 (9) A pedestrian-only path between the Marine

10 Park and the southeastern corner of the heritage

11 area at Columbia Way.

12 SEC. 5. VANCOUVER NATIONAL HERITAGE AREA PARTNER13 SHIP.

14 (a) ESTABLISHMENT.—There is established the Van15 couver National Heritage Area Partnership. The purpose

16 of the Partnership shall be to oversee the protection, en17 hancement, and development of the heritage area. The

18 Partnership shall—

19 (1) be a forum for cooperation and coordination

20 between the public agencies represented in the herit21 age area;

22 (2) make reasonable efforts to minimize staff23 ing, development, and operational costs to each

24 member agency;
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1 (3) promote the coordinated protection, use and

2 interpretation of the cultural, recreational, and edu3 cational resources of the heritage area;

4 (4) identify additional opportunities for public

5 use and enjoyment of the heritage area;

6 (5) develop and implement a management plan

7 as required in section 9 for the areas specified in

8 section 4(b); and

9 (6) be formalized by the compact described in

10 section 8.

11 (b) MEMBERSHIP.—The Partnership shall be com12 prised of five members appointed by the Secretary, in con13 sultation with member agencies, no later than six months

14 after the date of the enactment of this Act who represent

15 the interests of the following:

16 (1) The Department of the Interior, National

17 Park Service.

18 (2) The State of Washington.

19 (3) Department of the Army.

20 (4) City of Vancouver.

21 (5) The general public, selected from the citi22 zenry of the State of Washington, appointed after

23 consultation with the Governor of the State of

24 Washington and the Mayor of Vancouver.
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1 (c) TERMS OF SERVICE FOR MEMBERS OF THE

2 PARTNERSHIP.—(1) Members of the Partnership shall be

3 appointed for terms of three years and may be

4 reappointed.

5 (2) Any member appointed to fill a vacancy occurring

6 before the expiration of the term for which the member’s

7 predecessor was appointed shall be appointed only for the

8 remainder of such term. Any member of the Partnership

9 appointed for a definite term may serve after the expira10 tion of their term until the member’s successor has taken

11 office.

12 (d) COMPENSATION FOR MEMBERS OF THE PART13 NERSHIP.—Members of the Partnership shall receive no

14 pay on account of their service on the Partnership, but

15 while away from their homes or regular places of business

16 in the performance of services for the Partnership, mem17 bers of the Partnership shall be allowed travel expenses,

18 including per diem in lieu of subsistence, in the same man19 ner as persons employed intermittently in the Government

20 service are allowed expenses under section 5703 of title

21 5, United States Code.

22 (e) CHAIRPERSON.—The Chairperson of the Partner23 ship shall be elected by the members of the Partnership

24 for a term of two years.
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1 (f) QUORUM.—Three members of the Partnership

2 shall constitute a quorum. The affirmative vote of not less

3 than three members shall be required to approve the budg4 et of the Partnership.

5 (g) MEETINGS.—The Partnership shall hold its first

6 meeting not later than 90 days after the date on which

7 its members are appointed and shall meet at least quar8 terly at the call of the Chairperson or a majority of its

9 members. Meetings shall be subject to section 552(b) of

10 title 5, United States Code.

11 (h) PROXY.—Any member of the Partnership may

12 vote by means of a signed proxy exercised by another

13 member of the Partnership, but any member so voting

14 shall not be considered present for purposes of establish15 ing a quorum.

16 SEC. 6. STAFF OF THE PARTNERSHIP.

17 (a) IN GENERAL.—The Partnership shall have the

18 power to appoint and fix compensation of such staff as

19 may be necessary to carry out its duties.

20 (b) EXPERTS AND CONSULTANTS.—Subject to such

21 rules as may be adopted by the Partnership, the Partner22 ship may procure temporary and intermittent services to

23 the same extent as is authorized by section 3109(b) of title

24 5, United States Code, but at rates determined by the

25 Partnership to be reasonable.
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1 (c) STAFF OF OTHER AGENCIES.—(1) Upon request

2 of the Partnership, the head of any Federal agency may

3 detail, on a reimbursable basis, any of the personnel of

4 such agency to the Partnership to assist the Partnership

5 in carrying out the Partnership’s duties.

6 (2) The Partnership may accept the service of person7 nel detailed from the State, or any political subdivision

8 or regional planning organization, and may reimburse the

9 State, political subdivision, or regional planning organiza10 tion for those services.

11 SEC. 7. POWERS OF THE PARTNERSHIP.

12 (a) HEARINGS.—(1) The Partnership may, for the

13 purposes of carrying out this Act, hold hearings, sit and

14 act at such times and places, take such testimony, and

15 receive such evidence, as the Partnership considers appro16 priate.

17 (2) The Partnership may not issue subpoenas or exer18 cise any subpoena authority.

19 (b) POWERS OF MEMBERS AND AGENTS.—Any mem20 ber or agent of the Partnership, if so authorized by the

21 Partnership, may take any action which the Partnership

22 is authorized to take by this Act. Members of the Partner23 ship shall continue to exercise primary management re24 sponsibility for the facilities and lands over which they

25 currently have jurisdiction.
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1 (c) ADMINISTRATIVE SUPPORT SERVICES.—The Ad2 ministrator of the General Services Administration shall

3 provide to the Partnership on a reimbursable basis such

4 administrative support services as the Partnership may re5 quest.

6 (d) MAILS.—The Partnership may use the United

7 States mails in the same manner and under the same con8 ditions as other departments and other agencies of the

9 United States.

10 (e) USE OF FUNDS TO OBTAIN MONEY.—The Part11 nership may use its funds to obtain money from any

12 source under any program or law requiring the recipient

13 of such money to make a contribution in order to receive

14 such money.

15 (f) GIFTS.—(1) The Partnership may, for purposes

16 of carrying out its duties, seek, accept, and dispose of

17 gifts, bequests, or donations of money, personal property,

18 or services, received from any source.

19 (2) For purposes of section 170(c) of the Internal

20 Revenue Code of 1986, any gift to the Partnership shall

21 be deemed to be a gift to the United States.

22 (g) ACQUISITION OF REAL PROPERTY.—(1) Except

23 as provided in paragraph (2) and except with respect to

24 any leasing of facilities under subsection (c), the Partner-
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1 ship may not acquire any real property or interest in real

2 property.

3 (2) Subject to paragraph (3), the Partnership may

4 acquire real property or interest in real property in the

5 heritage area—

6 (A) by gift or devise; or

7 (B) by purchase from a willing seller with

8 money that was given, appropriated, or bequeathed

9 to the Partnership on the condition that such money

10 would be used to purchase real property, or interest

11 in real property, in the heritage area.

12 (3) Any real property or interest in real property ac13 quired by the Partnership under paragraph (2) shall be

14 conveyed by the Partnership to an appropriate public or

15 private land management agency, as determined by the

16 Partnership. Any such conveyance shall be made—

17 (A) as soon as practicable after such acquisi18 tion;

19 (B) with or without consideration; and

20 (C) on the condition that the real property or

21 interest in real property so conveyed is used for pub22 lic purposes.

23 (h) TRANSFER OF REAL PROPERTY.—A Member

24 agency may transfer title of parcels of land and improve25 ments thereon to other member agencies upon rec-
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1 ommendation of the Partnership and the approval of the

2 affected member agency.

3 (i) COOPERATIVE AGREEMENTS.—For purposes of

4 carrying out the management plan referred to in section

5 9, the Partnership may enter into cooperative agreements

6 with any State, or any political subdivision thereof, or with

7 any person or organization. Any such cooperative agree8 ment shall, at a minimum, establish procedures for provid9 ing notice to the Partnership of any action proposed by

10 the State, such political subdivision, or such person which

11 may affect implementation of the management plan re12 ferred to in section 9.

13 (j) ADVISORY GROUPS.—The Partnership may estab14 lish such advisory groups as it deems necessary to ensure

15 open communication with, and assistance from, the State,

16 political subdivisions of the State, regional planning orga17 nizations and interested persons.

18 SEC. 8. COMPACT BETWEEN MEMBERS OF THE PARTNER19 SHIP.

20 Within 12 months after it conducts its first meeting,

21 the Partnership shall prepare, sign, and submit to the Sec22 retary a compact. The compact shall be prepared with

23 public participation. The compact shall function as a

24 memorandum of agreement between the members of the
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1 Partnership. The compact shall include but is not limited

2 to—

3 (1) identification of the partners in the heritage

4 area;

5 (2) identification of the goals and objectives of

6 the heritage area and identification of the basic re7 sponsibilities of the members of the Partnership with

8 respect to the purpose of the heritage area; and

9 (3) a brief outline of the objectives that are

10 likely to be included in the management plan in

11 order to achieve the purpose of the heritage area.

12 SEC. 9. HERITAGE AREA MANAGEMENT PLAN.

13 (a) IN GENERAL.—(1) Within 36 months after it con14 ducts its first meeting, the Partnership shall develop and

15 submit the heritage area management plan to the Sec16 retary for review and approval. The management plan

17 shall define a timetable for various actions of the Partner18 ship and for development of the specific programs and fa19 cilities of the heritage area.

20 (2) The management plan shall require the Partner21 ship to produce an interpretive plan for the heritage area

22 that provides a framework for all the institutions within

23 the heritage area to incorporate information on the over24 lapping continuum of history represented in the heritage

25 area and shall address all joint facilities programs.
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1 (b) ITEMS INCLUDED.—The management plan shall

2 include, but is not limited to—

3 (1) the requirements for the interpretive plan;

4 (2) the requirements pertaining to Pearson Air5 park, subject to section 10; and

6 (3) the Pearson Airpark economic viability and

7 mitigation plan as specified in section 10.

8 (c) AMENDMENT AND REVIEW OF THE MANAGE9 MENT PLAN.—Every five years the Partnership shall

10 evaluate the progress made in implementing the manage11 ment plan and shall submit to the Secretary a revised

12 management plan for the Secretary’s review and approval.

13 SEC. 10. PEARSON AIRPARK.

14 The management plan shall permit general aviation

15 at Pearson Airpark to continue, subject to the following

16 conditions:

17 (1) Pearson Field and Air Museum shall be op18 erated by the city of Vancouver or its designated en19 tity.

20 (2) The city of Vancouver pays the National

21 Park Service a fee of $1 per year for the continued

22 use and occupancy of the Airpark and Air Museum

23 on National Park Service property.

24 (3) All nonhistoric, aviation-related buildings

25 and devices, including T-hangers and associated
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1 taxiways, shall be removed by the city of Vancouver

2 from National Park Service property by the year

3 2003, except those necessary for navigation and

4 safety.

5 (4) The city of Vancouver shall not be com6 pensated for historic buildings remaining on Na7 tional Park Service property, but shall be liable and

8 responsible for continued use and maintenance of

9 these structures.

10 (5) Approval of the National Park Service is re11 quired for all structural improvements and struc12 tural additions to the Air Museum for those struc13 tures and facilities of the Air Museum located on

14 property of the National Park Service.

15 (6) Helicopters shall not be based at Pearson

16 Airpark except as necessary to accommodate emer17 gency, disaster, or national security needs.

18 (7) The total number of airworthy aircraft

19 based at the Pearson Airpark shall be determined by

20 the Pearson economic plan in agreement with the

21 Partnership.

22 (8) Within 36 months after the first meeting of

23 the Partnership, as part of the management plan,

24 the Partnership shall prepare the Pearson Airpark
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1 economic viability and mitigation plan. The Pearson

2 economic plan shall require the following:

3 (A) The Partnership shall report to Con4 gress by 2022 regarding the advisability of con5 tinuing to base some general aviation aircraft at

6 Pearson Airpark, taking into account their im7 pact on National Park Service operations, the

8 needs of the community, and whether or not

9 general aviation aircraft are necessary to sup10 port the economic viability of the historic air11 craft mission within the heritage area. The re12 port may be submitted separately from the

13 management plan, but must be submitted prior

14 to 2022.

15 (B) Incentives and regulations to encour16 age a transition from basing predominantly

17 general aviation aircraft to basing historic air18 craft. The transition shall be completed by

19 April 3, 2022. After April 3, 2022, no general

20 aviation aircraft shall be based at Pearson Air21 park unless a continuation of general aviation is

22 expressly authorized by an Act of Congress en23 acted after this Act and before April 3, 2022.

24 For the purposes of this subparagraph, the

25 term ‘‘historic aircraft’’ means any aircraft
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1 which is based on a design (i) from the World

2 War II era or earlier, (ii) which is 50 years or

3 older, or (iii) which, as determined by a quali4 fied Aviation Advisory Group selected by the

5 Partnership, is of historical significance.

6 (C) A program to mitigate any conflicts re7 lated to the operation of the Airpark and other

8 activities within the heritage area. The mitiga9 tion program shall, in coordination with the

10 Federal Aviation Administration and other

11 agencies, address (but not be limited to) noise,

12 safety, visual intrusion, and the location of new

13 facilities.

14 (D) A Pearson Airpark Museum Plan, in15 cluding budgetary strategies by which proceeds

16 from general aviation and other sources fund

17 the museum and other aviation curation activi18 ties.

19 SEC. 11. DUTIES AND POWERS OF THE SECRETARY OF THE

20 INTERIOR.

21 (a) IN GENERAL.—The National Park Service shall

22 have the lead Federal agency role for—

23 (1) developing and implementing the manage24 ment plan; and
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1 (2) for planning, designing, constructing, and

2 supervising all common heritage area facilities.

3 (b) ASSISTANCE IN PREPARING THE COMPACT AND

4 MANAGEMENT PLAN.—Upon request of the Partnership,

5 the Secretary may—

6 (1) provide matching grants to assist in studies

7 to prepare the compact and management plan;

8 (2) provide technical assistance in preparing

9 and developing the compact and management plan;

10 and

11 (3) elect to provide all or part of the technical

12 assistance in the conduct of studies, compacts,

13 plans, and early action plans through cooperative

14 agreements with units of government and private

15 nonprofit organizations.

16 (c) APPROVAL AND DISAPPROVAL OF COMPACTS AND

17 MANAGEMENT PLANS.—(1) The Secretary, in consulta18 tion with the Partnership, shall approve or disapprove a

19 compact or management plan submitted under this Act

20 not later than 90 days after receiving such compact or

21 management plan.

22 (2) If the Secretary disapproves a submitted compact

23 or management plan, the Secretary shall advise the Part24 nership in writing of the reasons therefor and shall make

25 recommendations for revisions in the compact or plan. The
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1 Secretary shall approve or disapprove a proposed revision

2 within 90 days after the date it is submitted.

3 (d) APPROVING AMENDMENTS.—The Secretary shall

4 review substantial amendments to the management plan.

5 Funds appropriated pursuant to this Act may not be ex6 pended to implement the amendments until the Secretary

7 approves the amendments.

8 (e) ASSISTANCE IN IMPLEMENTING THE HERITAGE

9 AREA MANAGEMENT PLAN.—(1) The Secretary may,

10 upon request of the Partnership, provide technical and fi11 nancial assistance to develop and implement the heritage

12 area management plan.

13 (2) The Secretary is authorized to spend Federal

14 funds directly on nonfederally owned property to further

15 the purposes of this Act.

16 (3) In cooperation with other Federal agencies, the

17 Secretary shall provide the general public with information

18 as to the location and character of components of the her19 itage area.

20 SEC. 12. DUTIES OF OTHER FEDERAL ENTITIES.

21 (a) DUTIES OF FEDERAL ENTITIES.—Any Federal

22 entity conducting or supporting activities directly affecting

23 the heritage area, and any unit of government acting pur24 suant to a grant of Federal funds or a Federal permit
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1 or agreement conducting or supporting such activities

2 shall, to the maximum extent practicable—

3 (1) consult with the Secretary and the Partner4 ship with respect to such activities;

5 (2) cooperate with the Secretary and the Part6 nership in carrying out their duties under this Act

7 and coordinate such activities with the carrying out

8 of such duties; and

9 (3) conduct or support such activities in a man10 ner consistent with the management plan unless the

11 Federal entity, after consultation with the Partner12 ship, determines there is no practicable alternative.

13 (b) ASSISTANCE UNDER OTHER LAWS.—Nothing in

14 this Act shall be deemed to prohibit the Secretary or other

15 units of government from providing technical or financial

16 assistance permissible under any other provisions of law.

17 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

18 (a) IN GENERAL.—There is authorized to be appro19 priated such funds as may be necessary to carry out this

20 Act. Such amounts are in addition to amounts authorized

21 to be appropriated for the Fort Vancouver National His22 toric Site.

23 (b) COST SHARE.—The Federal share of the costs for

24 the heritage area in any fiscal year may not exceed 50

25 percent of the total costs of the heritage area for that fis-
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1 cal year and shall be provided on a matching basis. The

2 non-Federal share of such support may be in the form of

3 cash, services, or in-kind contributions, fairly valued.

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