108TH CONGRESS

2D SESSION S. 2167

AN ACT

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Lewis and Clark Na5 tional Historical Park Act of 2004’’.
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1 SEC. 2. PURPOSE.

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

3 Clark National Historical Park to—

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

5 United States the historic, cultural, scenic, and nat6 ural resources associated with the arrival of the

7 Lewis and Clark Expedition in the lower Columbia

8 River area; and

9 (2) commemorate the winter encampment of

10 the Lewis and Clark Expedition in the winter of

11 1805–1806 following the successful crossing of the

12 North American Continent.

13 SEC. 3. DEFINITIONS.

14 In this Act:

15 (1) MAP.—The term ‘‘map’’ means the map en16 titled ‘‘Lewis and Clark National Historical Park,

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

18 December, 2003.

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

20 the Fort Clatsop National Memorial established

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

22 450mm).

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

24 and Clark National Historical Park established by

25 section 4(a).
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

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

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

5 of the National Park System the Lewis and Clark Na6 tional Historical Park in the States of Washington and

7 Oregon, as depicted on the map.

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

9 (1) the Memorial, including—

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

11 18, block 1, Cartwright Park Addition of Sea12 side, Oregon) used by the Lewis and Clark Ex13 pedition; and

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

15 and Clark Expedition that led overland from

16 Fort Clatsop to the Pacific Ocean;

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

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

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

20 Columbia River in the State of Washington that are

21 associated with the arrival of the Lewis and Clark

22 Expedition at the Pacific Ocean in 1805 and that

23 are identified on the map as—

24 (A) ‘‘Station Camp’’;

25 (B) ‘‘Clark’s Dismal Nitch’’; and
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1 (C) ‘‘Cape Disappointment’’.

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

3 and available for public inspection in the appropriate of4 fices of the National Park Service.

5 (d) ACQUISITION OF LAND.—

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

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

8 land located within the boundary of the Park.

9 (2) MEANS.—Subject to paragraph (3), an ac10 quisition of land under paragraph (1) may be made

11 by donation, purchase with donated or appropriated

12 funds, exchange, transfer from any Federal agency,

13 or by any other means that the Secretary determines

14 to be in the public interest.

15 (3) CONSENT OF OWNER.—

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

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

18 improvement to land to may be acquired under

19 paragraph (1) without the consent of the owner.

20 (B) EXCEPTION.—The corporately-owned

21 timberland in the area described in subsection

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

23 the owner.

24 (4) MEMORANDUM OF UNDERSTANDING.—If

25 the owner of the timberland described in paragraph
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1 (2)(B) agrees to sell the timberland to the Secretary

2 either as a result of a condemnation proceeding or

3 without any condemnation proceeding, the Secretary

4 shall enter into a memorandum of understanding

5 with the owner with respect to the manner in which

6 the timberland is to be managed after acquisition of

7 the timberland by the Secretary.

8 (5) CAPE DISAPPOINTMENT.—

9 (A) TRANSFER.—

10 (i) IN GENERAL.—Subject to valid

11 rights (including withdrawals), the Sec12 retary shall transfer to the Director of the

13 National Park Service management of any

14 Federal land at Cape Disappointment,

15 Washington, that is within the boundary of

16 the Park.

17 (ii) WITHDRAWN LAND.—

18 (I) NOTICE.—The head of any

19 Federal agency that has administra20 tive jurisdiction over withdrawn land

21 at Cape Disappointment, Washington,

22 within the boundary of the Park shall

23 notify the Secretary in writing if the

24 head of the Federal agency does not

25 need the withdrawn land.
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1 (II) TRANSFER.—On receipt of a

2 notice under subclause (I), the with3 drawn land shall be transferred to the

4 administrative jurisdiction of the Sec5 retary, to be administered as part of

6 the Park.

7 (B) MEMORIAL TO THOMAS JEFFERSON.—

8 (i) IN GENERAL.—All withdrawals of

9 the 20–acre parcel depicted on the map as

10 ‘‘Memorial to Thomas Jefferson’’ are re11 voked.

12 (ii) ESTABLISHMENT.—The Secretary

13 shall establish a memorial to Thomas Jef14 ferson on the parcel referred to in clause

15 (i).

16 (C) MANAGEMENT OF CAPE DISAPPOINT17 MENT STATE PARK LAND.—The Secretary may

18 enter into an agreement with the State of

19 Washington providing for the administration by

20 the State of the land within the boundary of the

21 Park known as ‘‘Cape Disappointment State

22 Park’’.

23 SEC. 5. ADMINISTRATION.

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

25 the Park in accordance with—
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1 (1) this Act; and

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

3 National Park System, including—

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

5 1 et seq.); and

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

7 461 et seq.).

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

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

10 Secretary shall prepare an amendment to the general

11 management plan for the Memorial to address the man12 agement of the Park.

13 (c) COOPERATIVE MANAGEMENT AGREEMENTS.—To

14 facilitate the presentation of a comprehensive picture of

15 the experiences of the Lewis and Clark Expedition in the

16 lower Columbia River area and to promote more efficient

17 administration of the sites associated with those experi18 ences, the Secretary may, in accordance with section 3(l)

19 of Public Law 91–383 (16 U.S.C. 1a–2(l)), enter into co20 operative management agreements with appropriate offi21 cials in the States of Washington and Oregon.

22 SEC. 6. REPEALS; REFERENCES.

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

24 153; 16 U.S.C. 450mm et seq.) is repealed.
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1 (b) REFERENCES.—Any reference to Fort Clatsop

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

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

4 be a reference to the Lewis and Clark National Historical

5 Park.

6 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated such sums

8 as are necessary to carry out this Act.

Passed the Senate September 15, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2167

AN ACT

To establish the Lewis and Clark National Historegon, and for other purposes. ical Park in the States of Washington and Or-