II 

108TH CONGRESS 

2D SESSION S. 2167

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 

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, 

3 SECTION 1. SHORT TITLE. 

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

6 SEC. 2. PURPOSE. 

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

8 Clark National Historical Park to—
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1 (1) preserve for the benefit of the people of the 

2 United States the historic, cultural, scenic, and nat3 ural resources associated with the arrival of the 

4 Lewis and Clark Expedition in the lower Columbia 

5 River area; and 

6 (2) commemorate the winter encampment of 

7 the Lewis and Clark Expedition in the winter of 

8 1805–1806 following the successful crossing of the 

9 North American Continent. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) MAP.—The term ‘‘map’’ means the map en13 titled ‘‘Lewis and Clark National Historical Park, 

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

15 December, 2003. 

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

17 the Fort Clatsop National Memorial established 

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

19 450mm). 

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

21 and Clark National Historical Park established by 

22 section 4(a). 

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

24 the Secretary of the Interior. 
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1 SEC. 4. LEWIS AND CLARK NATIONAL HISTORICAL PARK. 

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

3 of the National Park System the Lewis and Clark Na4 tional Historical Park in the States of Washington and 

5 Oregon, as depicted on the map. 

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

7 (1) the Memorial, including—

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

9 18, block 1, Cartwright Park Addition of Sea10 side, Oregon) used by the Lewis and Clark Ex11 pedition; and 

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

13 and Clark Expedition that led overland from 

14 Fort Clatsop to the Pacific Ocean; 

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

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

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

18 Columbia River in the State of Washington that are 

19 associated with the arrival of the Lewis and Clark 

20 Expedition at the Pacific Ocean in 1805 and that 

21 are identified on the map as—

22 (A) ‘‘Station Camp’’; 

23 (B) ‘‘Clark’s Dismal Nitch’’; and 

24 (C) ‘‘Memorial to Thomas Jefferson’’. 
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1 (c) AVAILABILITY OF MAP.— The map shall be on 

2 file and available for public inspection in the appropriate 

3 offices of the National Park Service. 

4 (d) ACQUISITION OF LAND.—

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

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

7 land located within the boundary of the Park. 

8 (2) MEANS.—Subject to paragraph (3), an ac9 quisition of land under paragraph (1) may be made 

10 by donation, purchase with donated or appropriated 

11 funds, exchange, transfer from any Federal agency, 

12 or by any other means that the Secretary determines 

13 to be in the public interest. 

14 (3) CONSENT OF OWNER.—

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

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

17 improvement to land to may be acquired under 

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

19 (B) EXCEPTION.—The corporately-owned 

20 timberland in the area described in subsection 

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

22 the owner. 

23 (4) MEMORANDUM OF UNDERSTANDING.—If 

24 the owner of the timberland described in paragraph 

25 (2)(B) agrees to sell the timberland to the Secretary 
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1 either as a result of a condemnation proceeding or 

2 without any condemnation proceeding, the Secretary 

3 shall enter into a memorandum of understanding 

4 with the owner with respect to the manner in which 

5 the timberland is to be managed after acquisition of 

6 the timberland by the Secretary. 

7 (5) ACQUISITION OF ADDITIONAL LAND.—

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

9 authorized to be acquired under paragraph (1), 

10 the National Park Service is authorized to ac11 quire by transfer Federal land at Cape Dis12 appointment, Washington. 

13 (B) MANAGEMENT.—The National Park 

14 Service shall enter into a cooperative manage15 ment agreement with the State of Washington 

16 under section 5(c) to provide for the manage17 ment of the land acquired under subparagraph 

18 (A) as a State park. 

19 SEC. 5. ADMINISTRATION. 

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

21 the Park in accordance with—

22 (1) this Act; and 

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

24 National Park System, including—
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1 (A) the Act of August 25, 1916 (16 U.S.C. 

2 1 et seq.); and 

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

4 461 et seq.). 

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

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

7 Secretary shall prepare an amendment to the general 

8 management plan for the Memorial to address the man9 agement of the Park. 

10 (c) COOPERATIVE MANAGEMENT AGREEMENTS.—To 

11 facilitate the presentation of a comprehensive picture of 

12 the experiences of the Lewis and Clark Expedition in the 

13 lower Columbia River area and to promote more efficient 

14 administration of the sites associated with those experi15 ences, the Secretary may, in accordance with section 3(l) 

16 of Public Law 91–383 (16 U.S.C. 1a–2(l)), enter into co17 operative management agreements with appropriate offi18 cials in the States of Washington and Oregon. 

19 SEC. 6. REPEALS; REFERENCES. 

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

21 153; 16 U.S.C. 450mm et seq.) is repealed. 

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

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

24 document, paper, or other record of the shall be considered 
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1 to be a reference to the Lewis and Clark National Histor2 ical Park. 

3 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as are necessary to carry out this Act.

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