II 

Calendar No. 678

108TH CONGRESS 

2D SESSION S. 2167

[Report No. 108–322] 

To establish the Lewis and Clark National Historical Park in the States 

of Washington and Oregon, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2004

Ms. CANTWELL (for herself, Mr. SMITH, Mrs. MURRAY, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

AUGUST 25, 2004

Reported under authority of the order of the Senate of July 22, 2004, by Mr. 

DOMENICI, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL

To establish the Lewis and Clark National Historical Park 

in the States of Washington and Oregon, 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, 
2

•S 2167 RS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Lewis and Clark Na3 tional Historical Park Act of 2004’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to establish the Lewis and 

6 Clark National Historical Park to—

7 (1) preserve for the benefit of the people of the 

8 United States the historic, cultural, scenic, and nat9 ural resources associated with the arrival of the 

10 Lewis and Clark Expedition in the lower Columbia 

11 River area; and 

12 (2) commemorate the winter encampment of 

13 the Lewis and Clark Expedition in the winter of 

14 1805–1806 following the successful crossing of the 

15 North American Continent. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) MAP.—The term ‘‘map’’ means the map en19 titled ‘‘Lewis and Clark National Historical Park, 

20 Boundary Map’’, numbered 405/80027, and dated 

21 December, 2003. 

22 (2) MEMORIAL.—The term ‘‘Memorial’’ means 

23 the Fort Clatsop National Memorial established 

24 under section 1 of Public Law 85–435 (16 U.S.C. 

25 450mm). 
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•S 2167 RS 

1 (3) PARK.—The term ‘‘Park’’ means the Lewis 

2 and Clark National Historical Park established by 

3 section 4(a). 

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

5 the Secretary of the Interior. 

6 SEC. 4. LEWIS AND CLARK NATIONAL HISTORICAL PARK. 

7 (a) ESTABLISHMENT.—There is established as a unit 

8 of the National Park System the Lewis and Clark Na9 tional Historical Park in the States of Washington and 

10 Oregon, as depicted on the map. 

11 (b) COMPONENTS.—The Park shall consist of—

12 (1) the Memorial, including—

13 (A) the site of the salt cairn (lot number 

14 18, block 1, Cartwright Park Addition of Sea15 side, Oregon) used by the Lewis and Clark Ex16 pedition; and 

17 (B) portions of the trail used by the Lewis 

18 and Clark Expedition that led overland from 

19 Fort Clatsop to the Pacific Ocean; 

20 (2) the parcels of land identified on the map as 

21 ‘‘Fort Clatsop 2002 Addition Lands’’; and 

22 (3) the parcels of land located along the lower 

23 Columbia River in the State of Washington that are 

24 associated with the arrival of the Lewis and Clark 
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•S 2167 RS 

1 Expedition at the Pacific Ocean in 1805 and that 

2 are identified on the map as—

3 (A) ‘‘Station Camp’’; 

4 (B) ‘‘Clark’s Dismal Nitch’’; and

5 (C) ‘‘Memorial to Thomas Jefferson’’.

6 (C) ‘‘Cape Disappointment’’.

7 (c) AVAILABILITY OF MAP.—The map shall be on file 

8 and available for public inspection in the appropriate of9 fices of the National Park Service. 

10 (d) ACQUISITION OF LAND.—

11 (1) IN GENERAL.—The Secretary may acquire 

12 land, an interest in land, and any improvements to 

13 land located within the boundary of the Park. 

14 (2) MEANS.—Subject to paragraph (3), an ac15 quisition of land under paragraph (1) may be made 

16 by donation, purchase with donated or appropriated 

17 funds, exchange, transfer from any Federal agency, 

18 or by any other means that the Secretary determines 

19 to be in the public interest. 

20 (3) CONSENT OF OWNER.—

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (B), no land, interest in land, or 

23 improvement to land to may be acquired under 

24 paragraph (1) without the consent of the owner. 
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•S 2167 RS 

1 (B) EXCEPTION.—The corporately-owned 

2 timberland in the area described in subsection 

3 (b)(2) may be acquired without the consent of 

4 the owner.

5 (4) MEMORANDUM OF UNDERSTANDING.—If 

6 the owner of the timberland described in paragraph 

7 (2)(B) agrees to sell the timberland to the Secretary 

8 either as a result of a condemnation proceeding or 

9 without any condemnation proceeding, the Secretary 

10 shall enter into a memorandum of understanding 

11 with the owner with respect to the manner in which 

12 the timberland is to be managed after acquisition of 

13 the timberland by the Secretary.

14 (5) ACQUISITION OF ADDITIONAL LAND.—

15 (A) IN GENERAL.—In addition to the land 

16 authorized to be acquired under paragraph (1), 

17 the National Park Service is authorized to ac18 quire by transfer Federal land at Cape Dis19 appointment, Washington. 

20 (B) MANAGEMENT.—The National Park 

21 Service shall enter into a cooperative manage22 ment agreement with the State of Washington 

23 under section 5(c) to provide for the manage24 ment of the land acquired under subparagraph 

25 (A) as a State park.
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•S 2167 RS 

1 (5) CAPE DISAPPOINTMENT.—

2 (A) TRANSFER.—

3 (i) IN GENERAL.—Subject to valid 

4 rights (including withdrawals), the Sec5 retary shall transfer to the Director of the 

6 National Park Service management of any 

7 Federal land at Cape Disappointment, 

8 Washington, that is within the boundary of 

9 the Park. 

10 (ii) WITHDRAWN LAND.—

11 (I) NOTICE.—The head of any 

12 Federal agency that has administrative 

13 jurisdiction over withdrawn land at 

14 Cape Disappointment, Washington, 

15 within the boundary of the Park shall 

16 notify the Secretary in writing if the 

17 head of the Federal agency does not 

18 need the withdrawn land. 

19 (II) TRANSFER.—On receipt of a 

20 notice under subclause (I), the with21 drawn land shall be transferred to the 

22 administrative jurisdiction of the Sec23 retary, to be administered as part of 

24 the Park. 

25 (B) MEMORIAL TO THOMAS JEFFERSON.—
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•S 2167 RS 

1 (i) IN GENERAL.—All withdrawals of 

2 the 20–acre parcel depicted on the map as 

3 ‘‘Memorial to Thomas Jefferson’’ are re4 voked. 

5 (ii) ESTABLISHMENT.—The Secretary 

6 shall establish a memorial to Thomas Jeffer7 son on the parcel referred to in clause (i). 

8 (C) MANAGEMENT OF CAPE DISAPPOINT9 MENT STATE PARK LAND.—The Secretary may 

10 enter into an agreement with the State of Wash11 ington providing for the administration by the 

12 State of the land within the boundary of the 

13 Park known as ‘‘Cape Disappointment State 

14 Park’’.

15 SEC. 5. ADMINISTRATION. 

16 (a) IN GENERAL.—The Secretary shall administer 

17 the Park in accordance with—

18 (1) this Act; and 

19 (2) the laws generally applicable to units of the 

20 National Park System, including—

21 (A) the Act of August 25, 1916 (16 U.S.C. 

22 1 et seq.); and 

23 (B) the Act of August 21, 1935 (16 U.S.C. 

24 461 et seq.). 
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•S 2167 RS 

1 (b) MANAGEMENT PLAN.—Not later than 3 years 

2 after funds are made available to carry out this Act, the 

3 Secretary shall prepare an amendment to the general 

4 management plan for the Memorial to address the man5 agement of the Park. 

6 (c) COOPERATIVE MANAGEMENT AGREEMENTS.—To 

7 facilitate the presentation of a comprehensive picture of 

8 the experiences of the Lewis and Clark Expedition in the 

9 lower Columbia River area and to promote more efficient 

10 administration of the sites associated with those experi11 ences, the Secretary may, in accordance with section 3(l) 

12 of Public Law 91–383 (16 U.S.C. 1a–2(l)), enter into co13 operative management agreements with appropriate offi14 cials in the States of Washington and Oregon. 

15 SEC. 6. REPEALS; REFERENCES. 

16 (a) IN GENERAL.—Public Law 85–435 (72 Stat. 

17 153; 16 U.S.C. 450mm et seq.) is repealed. 

18 (b) REFERENCES.—Any reference to Fort Clatsop 

19 National Memorial in a law (including regulations), map, 

20 document, paper, or other record shall be considered to 

21 be a reference to the Lewis and Clark National Historical 

22 Park. 

23 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

24 There are authorized to be appropriated such sums 

25 as are necessary to carry out this Act.

Calendar No. 678

108TH CONGRESS 

2D SESSION S. 2167

[Report No. 108–322] 

A BILL

To establish the Lewis and Clark National Historegon, and for other purposes. ical Park in the States of Washington and OrAUGUST 25, 2004

Reported with amendments