II 

113TH CONGRESS 

2D SESSION S. 2590 

To advance the purposes of the Lewis and Clark National Historic Trail 

Interpretive Center, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 10, 2014 

Mr. TESTER (for himself and Mr. WALSH) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To advance the purposes of the Lewis and Clark National 

Historic Trail Interpretive Center, 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 ‘‘Lewis and Clark Na5 tional Historic Trail Interpretive Center Act of 2014’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to provide for a pilot program of public-pri9 vate partnership regarding the operation of the 


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1 Lewis and Clark National Historic Trail Interpretive 

2 Center; 

3 (2) to promote the use and development of the 

4 Interpretive Center by the Lewis & Clark Founda5 tion, in support of the purposes of Public Law 100– 

6 552 (102 Stat. 2766); 

7 (3) to allow and promote use of the Interpretive 

8 Center, with the goal of achieving financial self-sus9 tainability; and 

10 (4) to authorize the Secretary of Agriculture to 

11 participate and cooperate in the operation of the In12 terpretive Center as necessary or desirable to pro13 mote— 

14 (A) the conservation and management of 

15 United States public land; 

16 (B) the use, understanding, and enjoyment 

17 of— 

18 (i) the Interpretive Center; and 

19 (ii) natural resources and natural his20 tory; and 

21 (C) interpretation of the historical events 

22 associated with— 

23 (i) the Lewis and Clark Expedition; 

24 (ii) Native Americans; and 

25 (iii) the American West. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) FOUNDATION.—The term ‘‘Foundation’’ 

4 means the Lewis & Clark Foundation, a nonprofit 

5 corporation existing under the laws of the State (or 

6 any successor in interest to that foundation). 

7 (2) GRANT DEED.—The term ‘‘Grant Deed’’ 

8 means the instrument that— 

9 (A) conveys to the United States from the 

10 Montana Department of Fish, Wildlife and 

11 Parks a parcel of land comprising 27.29 acres, 

12 as depicted on the Map and located in Cascade 

13 County, Montana; 

14 (B) comprises 8 pages recorded in the land 

15 records of Cascade County as document num16 bered R0040589; and 

17 (C) is dated June 6, 2002. 

18 (3) INTERPRETIVE CENTER.— 

19 (A) IN GENERAL.—The term ‘‘Interpretive 

20 Center’’ means the Lewis and Clark National 

21 Historic Trail Interpretive Center, located in 

22 Great Falls, Montana. 

23 (B) INCLUSIONS.—The term ‘‘Interpretive 

24 Center’’ includes all land, buildings, and fix25 tures associated with the center described in 

26 subparagraph (A). 


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1 (4) MAP.—The term ‘‘Map’’ means the map en2 titled ‘‘Lewis and Clark Interpretive Center, Tract 

3 No. 1 of the Certificate of Survey #3942’’, filed on 

4 April 18, 2002, in the offices of the Clerk and Re5 corder, Cascade County, Montana. 

6 (5) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Agriculture. 

8 (6) STATE.—The term ‘‘State’’ means the State 

9 of Montana. 

10 SEC. 4. AMENDMENTS. 

11 Public Law 100–552 (16 U.S.C. 1244 note; 102 Stat. 

12 2766) is amended— 

13 (1) in section 2— 

14 (A) in subsection (b), in the first sentence, 

15 by striking ‘‘donated’’ and inserting ‘‘con16 veyed’’; and 

17 (B) by striking subsection (c); and 

18 (2) in section 3(a), by striking the second sen19 tence. 

20 SEC. 5. RATIFICATION OF PRIOR CONVEYANCE. 

21 Notwithstanding section 2 of Public Law 100–552 

22 (16 U.S.C. 1244 note; 102 Stat. 2766), the Grant Deed 

23 is ratified in accordance with the terms of the Grant Deed. 

24 SEC. 6. CONVEYANCE BY LEASE. 

25 (a) PILOT PROJECT.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, without fur3 ther administrative procedures, reviews, or analyses 

4 and subject to valid existing rights of record, the 

5 Secretary shall carry out a pilot project under which 

6 the Secretary shall offer to lease to the Foundation, 

7 for no consideration, the land and improvements 

8 comprising the Federal interest in the Interpretive 

9 Center, including the real property depicted on the 

10 Map and conveyed by the Grant Deed. 

11 (2) TIMING.—At any time, the Secretary and 

12 the Foundation may agree to the lease of all or any 

13 portion of the property described in paragraph (1)— 

14 (A) at 1 time; or 

15 (B) in phases over time. 

16 (3) PERSONAL PROPERTY CONVEYANCE.—The 

17 Secretary may convey, by deed of gift or lease to the 

18 Foundation, for no consideration, such furniture, 

19 equipment, and other personal property as the Sec20 retary and the Foundation agree to be appropriate, 

21 including any property that has been used in connec22 tion with the operation and maintenance of the In23 terpretive Center on or before the date of enactment 

24 of this Act. 

25 (b) TERMS AND CONDITIONS.— 


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1 (1) TERM.—The lease under subsection (a) 

2 shall be— 

3 (A) for a primary term of not more than 

4 40 years; and 

5 (B) renewable for additional terms of not 

6 more than 40 years each, in accordance with 

7 such terms and conditions as the Secretary and 

8 the Foundation agree to be appropriate. 

9 (2) CONDITION.—The Secretary— 

10 (A) shall lease any real or personal prop11 erty pursuant to this section in the existing 

12 condition of the property; and 

13 (B) has no obligation to repair or replace 

14 any such property or improvement. 

15 (3) REQUIREMENTS.— 

16 (A) IN GENERAL.—The terms of any lease, 

17 lease modification, or lease renewal under this 

18 section shall be consistent with the require19 ments of this Act. 

20 (B) OTHER TERMS AND CONDITIONS.— 

21 The lease may contain such other terms and 

22 conditions including provisions relating to— 

23 (i) the partial occupancy and use at 

24 reduced or no charges by the Forest Serv25 ice, other Federal departments or agencies, 


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1 and any other entities referred to in Public 

2 Law 100–552 (16 U.S.C. 1244 note; 102 

3 Stat. 2766); 

4 (ii) capital improvements made by the 

5 Foundation, the title to which shall vest in 

6 the United States on termination of the 

7 lease, unless otherwise agreed to by the 

8 Secretary and the Foundation; and 

9 (iii) the upkeep and maintenance of 

10 any appropriate facilities by the Founda11 tion. 

12 (4) MODIFICATIONS.—The lease may be modi13 fied from time to time by mutual written agreement 

14 of the Secretary and the Foundation. 

15 (5) TERMINATION.—The lease under subsection 

16 (a) shall be terminable by the Secretary in any case 

17 in which the Secretary determines that the Interpre18 tive Center is— 

19 (A) destroyed by fire or act of God such 

20 that the Interpretive Center cannot continue 

21 operating, and the Foundation has elected not 

22 to construct or reconstruct any necessary im23 provements; 

24 (B) attempted to be sold, mortgaged, or 

25 used as security for indebtedness; 


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1 (C) abandoned or ceases to be used for the 

2 purposes of the lease for a consecutive period of 

3 1 year, unless otherwise agreed to by the Foun4 dation and the Secretary; or 

5 (D) used in a manner that is inconsistent 

6 with the terms of the lease. 

7 (c) ADMINISTRATIVE ACTIONS.—The Regional For8 ester, Northern Region, of the Forest Service may act on 

9 behalf of the Secretary in carrying out this Act. 

10 (d) RESERVATION OF RIGHTS IN UNITED STATES.— 

11 (1) IN GENERAL.—At all times, the United 

12 States shall reserve the right to locate, develop, and 

13 use the Interpretive Center for other uses by the 

14 Federal Government that are compatible with the 

15 purposes and operation of Interpretive Center. 

16 (2) CONSULTATION REQUIRED.—The Founda17 tion shall be consulted prior to any development or 

18 use under paragraph (1). 

19 (e) INSURANCE.— 

20 (1) IN GENERAL.—The Foundation shall main21 tain general liability insurance for the duration of 

22 the lease under this section, in such amount as is 

23 agreed to by the Secretary and the Foundation. 

24 (2) REQUIREMENT.—The United States shall 

25 be named as an additional insured under the policy. 


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1 SEC. 7. USE BY FOUNDATION. 

2 The lease under this Act— 

3 (1) shall permit the Foundation to assume 

4 stewardship responsibilities for the Interpretive Cen5 ter, including through— 

6 (A) the sale of souvenirs and merchandise; 

7 (B) the provision of food and visitor serv8 ices; 

9 (C) the rental of facilities for short-term 

10 events; and 

11 (D) the assessment of admission and use 

12 fees in an amount determined by the Founda13 tion; and 

14 (2) may permit the Foundation, with prior writ15 ten approval of the Secretary— 

16 (A) to construct or renovate any applicable 

17 improvements; and 

18 (B) to sublet any space or facility for any 

19 use that is compatible with the purposes of the 

20 Interpretive Center. 

21 SEC. 8. MONETARY PROVISIONS. 

22 (a) ADMISSION AND USE FEES.—The Foundation 

23 shall have sole discretion to establish and charge admis24 sion and use fees for the Interpretive Center. 


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1 (b) RECEIPTS.—The Foundation may retain and use 

2 all amounts generated from the operation of the Interpre3 tive Center, including through— 

4 (1) the sale of merchandise; and 

5 (2) the assessment of admission and use fees. 

6 (c) ACCOUNTS.— 

7 (1) IN GENERAL.—The Foundation shall main8 tain documents and accounts that are— 

9 (A) prepared by an accountant certified or 

10 licensed by a State regulatory authority; and 

11 (B) prepared in accordance with generally 

12 accepted accounting principles. 

13 (2) INSPECTION.—All documents and accounts 

14 of the Foundation shall be open to inspection by— 

15 (A) the Secretary; and 

16 (B) other appropriate Federal officials. 

17 (d) STATE AND LOCAL TAXES.— 

18 (1) IN GENERAL.—The Interpretive Center 

19 shall be considered to be Federal property for pur20 poses of taxation by the State government and units 

21 of local government. 

22 (2) EFFECT OF ACT.—Nothing in this Act ex23 empts the Foundation or the Interpretive Center 

24 from the collection and payment of any sales or ex25 cise tax. 


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1 (e) FEDERAL ASSISTANCE.— 

2 (1) IN GENERAL.—Subject to the availability of 

3 appropriated funds, the Secretary may provide to 

4 the Foundation (including through a cooperative 

5 agreement under section 9) such sums as the Sec6 retary determines to be appropriate for— 

7 (A) startup costs; and 

8 (B) subsequent maintenance and oper9 ational expenses. 

10 (2) OTHER FEDERAL ASSISTANCE.—The Foun11 dation may apply for and receive any Federal grant 

12 or other form of Federal assistance for which the 

13 Foundation is otherwise eligible, notwithstanding the 

14 status of the Foundation as a lessee of, or coop15 erator with, the United States. 

16 SEC. 9. COOPERATIVE AGREEMENTS. 

17 (a) IN GENERAL.—The Secretary and the Founda18 tion at any time may enter into any cooperative agreement 

19 to provide Federal financial or other assistance at the In20 terpretive Center relating to— 

21 (1) the use of Forest Service employees for in22 terpretive or educational services; 

23 (2) the use of equipment; 

24 (3) the training of staff and volunteers; 


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1 (4) the provision of interpretive services, includ2 ing displays, educational programs, and similar in3 formation; 

4 (5) maintenance and operational expenses; and 

5 (6) any other activity that the Foundation and 

6 the Secretary determine to be in support of the pur7 poses of Public Law 100–552 (16 U.S.C. 1244 note; 

8 102 Stat. 2766) and this Act. 

9 (b) EFFECT OF ACT.—Nothing in this Act precludes 

10 the use of other cooperative authorities of the Secretary, 

11 including the National Trails System Act (16 U.S.C. 1241 

12 et seq.). 

13 SEC. 10. RELATIONSHIP TO OTHER LAWS. 

14 (a) PUBLIC LAW 100–552.— 

15 (1) IN GENERAL.—Except as provided in sec16 tion 4, Public Law 100–552 (16 U.S.C. 1244 note; 

17 102 Stat. 2766) shall remain in force and effect. 

18 (2) CONFLICTS.—If a conflict arises between 

19 Public Law 100–552 (16 U.S.C. 1244 note; 102 

20 Stat. 2766) and any provision of this Act, the provi21 sion of this Act shall prevail. 

22 (b) FEES AND CHARGES.—The Foundation and the 

23 operation of the Interpretive Center shall not be subject 

24 to the requirements of Federal Lands Recreation En25 hancement Act (16 U.S.C. 6801 et seq.) or any other law 


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1 relating to the charging of admission or use fees on Fed2 eral land or facilities. 

3 (c) FEDERAL LAWS AND REGULATIONS.— 

4 (1) IN GENERAL.—Notwithstanding the lease 

5 under this Act, the Interpretive Center shall con6 tinue to be subject to the laws and regulations relat7 ing to the National Forest System, unless any such 

8 law or regulation is inconsistent with Public Law 

9 100–552 (16 U.S.C. 1244 note; 102 Stat. 2766) or 

10 this Act. 

11 (2) REGULATIONS.—No provision contained in 

12 subpart B of part 251 of title 36, Code of Federal 

13 Regulations (as in effect on the date of enactment 

14 of this Act), shall apply to the lease authorized by 

15 this Act, unless such a provision is incorporated in 

16 the lease by agreement of the Secretary and the 

17 Foundation. 

18 SEC. 11. REPORTS TO CONGRESS. 

19 (a) IN GENERAL.—The Secretary and the Founda20 tion each may submit to Congress, from time to time, re21 ports regarding the status of the pilot project authorized 

22 by this Act, including— 

23 (1) an assessment of the lease under the pilot 

24 project; and 


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1 (2) such recommendations as the Secretary or 

2 the Foundation determine to be necessary or appro3 priate for the continued management of the Inter4 pretive Center. 

5 (b) APPLICABILITY.—The Secretary may advise Con6 gress with respect to the potential applicability of the pilot 

7 project under this Act to other interpretive centers within 

8 the National Forest System. 

9 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to the Sec11 retary such sums as are necessary to carry out— 

12 (1) this Act; and 

13 (2) Public Law 100–552 (16 U.S.C. 1244 note; 

14 102 Stat. 2766). 

Æ 


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