107TH CONGRESS

2D SESSION S. 1105

AMENDMENT

In the House of Representatives, U. S.,

September 24, 2002.

Resolved, That the bill from the Senate (S. 1105) entitled ‘‘An Act to provide for the expeditious completion of the

acquisition of State of Wyoming lands within the boundaries

of Grand Teton National Park, and for other purposes’’, do

pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 TITLE I—GRAND TETON NA2 TIONAL PARK LAND EX3 CHANGE

4 SEC. 101. DEFINITIONS.

5 As used in this title:

6 (1) FEDERAL LANDS.—The term ‘‘Federal lands’’

7 means public lands as defined in section 103(e) of the

8 Federal Land Policy and Management Act of 1976

9 (43 U.S.C. 1702(e)).

10 (2) GOVERNOR.—The term ‘‘Governor’’ means

11 the Governor of the State of Wyoming.

12 (3) SECRETARY.—The term ‘‘Secretary’’ means

13 the Secretary of the Interior.
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1 (4) STATELANDS.—The term ‘‘State lands’’

2 means lands and interest in lands owned by the State

3 of Wyoming within the boundaries of Grand Teton

4 National Park as identified on a map titled ‘‘Private,

5 State & County Inholdings Grand Teton National

6 Park’’, dated March 2001, and numbered GTNP/0001.

7 SEC. 102. ACQUISITION OF STATE LANDS.

8 (a) AUTHORIZATION TO ACQUIRE LANDS.—The Sec9 retary is authorized to acquire approximately 1,406 acres

10 of State lands within the exterior boundaries of Grand

11 Teton National Park, as generally depicted on the map ref12 erenced in section 101(4), by any one or a combination of

13 the following—

14 (1) donation;

15 (2) purchase with donated or appropriated

16 funds; or

17 (3) exchange of Federal lands in the State of Wy18 oming that are identified for disposal under approved

19 land use plans in effect on the date of enactment of

20 this Act under section 202 of the Federal Land Policy

21 and Management Act of 1976 (43 U.S.C. 1712) that

22 are of equal value to the State lands acquired in the

23 exchange.

24 (b) IDENTIFICATION OF LANDS FOR EXCHANGE.—In

25 the event that the Secretary or the Governor determines that
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1 the Federal lands eligible for exchange under subsection

2 (a)(3) are not sufficient or acceptable for the acquisition

3 of all the State lands identified in section 101(4), the Sec4 retary shall identify other Federal lands or interests therein

5 in the State of Wyoming for possible exchange and shall

6 identify such lands or interests together with their estimated

7 value in a report to the Committee on Energy and Natural

8 Resources of the United States Senate and the Committee

9 on Resources of the House of Representatives. Such lands

10 or interests shall not be available for exchange unless au11 thorized by an Act of Congress enacted after the date of sub12 mission of the report.

13 SEC. 103. VALUATION OF STATE AND FEDERAL INTERESTS.

14 (a) AGREEMENT ON APPRAISER.—If the Secretary and

15 the Governor are unable to agree on the value of any Fed16 eral lands eligible for exchange under section 102(a)(3) or

17 State lands, then the Secretary and the Governor may select

18 a qualified appraiser to conduct an appraisal of those

19 lands. The purchase or exchange under section 102(a) shall

20 be conducted based on the values determined by the ap21 praisal.

22 (b) NO AGREEMENT ON APPRAISER.—If the Secretary

23 and the Governor are unable to agree on the selection of

24 a qualified appraiser under subsection (a), then the Sec25 retary and the Governor shall each designate a qualified
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1 appraiser. The two designated appraisers shall select a

2 qualified third appraiser to conduct the appraisal with the

3 advice and assistance of the two designated appraisers. The

4 purchase or exchange under section 102(a) shall be con5 ducted based on the values determined by the appraisal.

6 (c) APPRAISAL COSTS.—The Secretary and the State

7 of Wyoming shall each pay one-half of the appraisal costs

8 under subsections (a) and (b).

9 SEC. 104. ADMINISTRATION OF STATE LANDS ACQUIRED BY

10 THE UNITED STATES.

11 The State lands conveyed to the United States under

12 section 102(a) shall become part of Grand Teton National

13 Park. The Secretary shall manage such lands under the Act

14 of August 25, 1916 (commonly known as the ‘‘National

15 Park Service Organic Act’’) and other laws, rules, and regu16 lations applicable to Grand Teton National Park.

17 SEC. 105. AUTHORIZATION FOR APPROPRIATIONS.

18 There are authorized to be appropriated such sums as

19 may be necessary for the purposes of this title.

20 TITLE II—JAMES V. HANSEN

21 SHOSHONE NATIONAL TRAIL

22 SEC. 201. SHOSHONE NATIONAL TRAIL.

23 (a) DEFINITIONS.—For the purposes of this section, the

24 following definitions shall apply:
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1 (1) APPROPRIATE SECRETARY.—The term ‘‘ap2 propriate Secretary’’ means—

3 (A) the Secretary of Agriculture when refer4 ring to land under the jurisdiction of that Sec5 retary; and

6 (B) the Secretary of the Interior when refer7 ring to any land except that under the jurisdic8 tion of the Secretary of Agriculture.

9 (2) MAP.—The term ‘‘Map’’ means the map enti10 tled ‘‘James V. Hansen Shoshone National Trail’’ and

11 dated April 5, 2002.

12 (3) TRAIL.—The term ‘‘Trail’’ means the system

13 of trails designated in subsection (b) as the James V.

14 Hansen Shoshone National Trail.

15 (b) DESIGNATION.—The trails that are open to motor16 ized use pursuant to applicable Federal and State law and

17 are depicted on the Map as the Shoshone National Trail

18 are hereby designated as the ‘‘James V. Hansen Shoshone

19 National Trail’’.

20 (c) MANAGEMENT.—

21 (1) IN GENERAL.—Except as otherwise provided

22 in this title, the appropriate Secretary shall manage

23 the Trail consistent with the requirements of a na24 tional recreation trail in accordance with—
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1 (A) the National Trails System Act (16

2 U.S.C. 1241 et seq.); and

3 (B) other applicable laws and regulations

4 for trails on Federal lands.

5 (2) COOPERATION; AGREEMENTS.—The Secretary

6 of the Interior and the Secretary of Agriculture shall

7 cooperate with the State of Utah Department of Nat8 ural Resources and appropriate county governments

9 in managing the Trail. The appropriate Secretary

10 shall make every reasonable effort to enter into coop11 erative agreements with the State of Utah Depart12 ment of Natural Resources and appropriate county

13 governments (separately, collectively, or in an any

14 combination, as agreed by the parties) for manage15 ment of the Trail.

16 (3) PRIMARY PURPOSE.—The primary purpose

17 of this title is to provide recreational trail opportuni18 ties for motorized vehicle use on the Trail. The Trail

19 shall be managed in a manner that is consistent with

20 this purpose, ensures user safety, and minimizes user

21 conflicts.

22 (4) ADDITION OF TRAILS.—

23 (A) IN GENERAL.—The appropriate Sec24 retary may add trails to the Trail in accordance

25 with the National Trails System Act and this
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1 title. The Secretary shall consider the Trail a

2 national recreation trail for the purpose of mak3 ing such additions.

4 (B) REQUIREMENT FOR ADDITION OF

5 TRAILS ON NON-FEDERAL LAND.—If a trail to be

6 added to the Trail is located on non-Federal

7 land, the appropriate Secretary may add the

8 trail only if the owner of the land upon which

9 the trail is located has—

10 (i) consented to the addition of the

11 trail to the Trail; and

12 (ii) entered into an agreement with the

13 appropriate Secretary for management of

14 the additional trail in a manner that is

15 consistent with this title.

16 (5) NOTICE OF OPEN ROUTES.—The Secretary of

17 the Interior and the Secretary of Agriculture shall en18 sure that the public is adequately informed regarding

19 the routes open for the Trail, including by appro20 priate signage along the Trail.

21 (d) NO EFFECT ON NON-FEDERAL LAND AND INTER22 ESTS IN LAND.—Nothing in this section shall be construed

23 to affect ownership, management, or other rights related to

24 any non-Federal land or interests in land, except as pro-
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1 vided in an agreement related to that land entered into by

2 the landowner under subsection (c)(4)(B)(ii).

3 (e) ACQUISITION OF LAND AND INTERESTS IN LAND.—

4 The appropriate Secretary may acquire land and interests

5 in land for the purposes of the Trail only from willing own6 ers.

7 (f) MAP ON FILE; UPDATED.—The Map shall be—

8 (1) kept on file at the appropriate offices of the

9 Secretary of the Interior and the Secretary of Agri10 culture; and

11 (2) updated by the appropriate Secretary when12 ever trails are added to the Trail.

13 SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated such sums as

15 are necessary to carry out this title.

16 TITLE III—MCLOUGHLIN HOUSE

17 PRESERVATION

18 SEC. 301. DEFINITIONS.

19 For the purposes of this title, the following definitions

20 shall apply:

21 (1) ASSOCIATION.—The term ‘‘Association’’

22 means the McLoughlin Memorial Association, an or23 ganization described in section 501(c)(3) of the Inter24 nal Revenue Code of 1986 and exempt from taxation

25 under section 501(a) of such Code.
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1 (2) CITY.—The term ‘‘City’’ means Oregon City,

2 Oregon.

3 (3) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Interior.

5 SEC. 302. FINDINGS.

6 Congress finds the following:

7 (1) On June 27, 1941, Acting Assistant Sec8 retary of the Interior W.C. Mendenhall, under the au9 thority granted the Secretary under section 2 of the

10 Historic Sites, Buildings and Antiquities Act (16

11 U.S.C. 461 et seq.), established the McLoughlin Home

12 National Historic Site located in the City.

13 (2) Since January 16, 1945, the site has been

14 known as McLoughlin House National Historic Site.

15 (3) The McLoughlin House National Historic

16 Site includes both the McLoughlin House and Barclay

17 House, which are owned and managed by the Associa18 tion.

19 (4) The McLoughlin House National Historic

20 Site is located in a Charter Park on Oregon City

21 Block 40, which is owned by the City.

22 (5) A cooperative agreement was made in 1941

23 among the Association, the City, and the United

24 States, providing for the preservation and use of the

25 McLoughlin House as a national historic site.
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1 (6) The Association has had an exemplary and

2 longstanding role in the stewardship of the McLough3 lin House National Historic Site but is unable to con4 tinue that role.

5 (7) The McLoughlin House National Historic

6 Site has a direct relationship with Fort Vancouver

7 National Historic Site due to Dr. John McLoughlin’s

8 importance as the Chief Factor of the Hudson Bay

9 Company’s Fort Vancouver, the headquarters for the

10 Hudson Bay Company’s Columbia Department, and

11 his subsequent role in the early history of the settle12 ment of the Oregon Territory to the extent that he is

13 known as the ‘‘Father of Oregon’’.

14 (8) The McLoughlin House National Historic

15 Site has been an affiliated area of the National Park

16 System and is worthy of recognition as part of the

17 Fort Vancouver National Historic Site.

18 SEC. 303. BOUNDARY OF FORT VANCOUVER NATIONAL HIS19 TORIC SITE.

20 In recognition of the Secretary’s role and responsibil21 ities since June 27, 1941, and in order to preserve the

22 McLoughlin House National Historic Site, the Secretary is

23 authorized to acquire the McLoughlin House, consisting of

24 approximately 1 acre, as generally depicted on the map en25 titled ‘‘McLoughlin National Historic Site’’, numbered 007/
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1 80,000, and dated 12/01/01, as an addition to the Fort Van2 couver National Historic Site. The map shall be on file and

3 available for inspection in the appropriate offices of the Na4 tional Park Service, Department of the Interior.

5 SEC. 304. ACQUSITION AND ADMINISTRATION.

6 (a) ACQUISITION.—The Secretary is authorized to ac7 quire the McLoughlin House from willing owners only, by

8 donation, purchase with donated or appropriated funds, or

9 exchange, except that lands or interests in lands owned by

10 the City may be acquired by donation only.

11 (b) ADMINISTRATION.—The Secretary shall administer

12 the McLoughlin House as an addition to Fort Vancouver

13 National Historic Site in accordance with the provisions

14 of law generally applicable to units of the National Park

15 System.

16 TTLE IV—PRESIDENTIAL

17 HISTORIC SITE STUDY

18 SEC. 401. PRESIDENTIAL HISTORIC SITE STUDY.

19 (a) STUDY AND REPORT.—Not later than 2 years after

20 the date funds are made available, the Secretary of the Inte21 rior shall—

22 (1) carry out a study on the suitability and fea23 sibility of designating the William Jefferson Clinton

24 birthplace home located in Hope, Arkansas, as a na25 tional historic site; and
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1 (2) submit to the Committee on Resources of the

2 House of Representatives and the Committee on En3 ergy and Natural Resources of the Senate a report de4 scribing the findings, conclusions, and recommenda5 tions of the study.

6 (b) REQUIREMENTS FOR STUDY.—Except with regard

7 to deadline for completion provided in subsection (a), the

8 study under subsection (a) shall be conducted in accordance

9 with section 8(c) Public Law 91–383 (16 U.S.C. 1a–5(c)).

Attest:

Clerk.