IIB 

108TH CONGRESS 

2D SESSION H. R. 3819

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2004

Received 

SEPTEMBER 7, 2004

Read twice and referred to the Committee on Energy and Natural Resources 

AN ACT

To redesignate Fort Clatsop National Memorial as the Lewis 

and Clark National Historical Park, to include in the 

park sites in the State of Washington as well as the 

State of 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,
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1 TITLE I—LEWIS AND CLARK NA2 TIONAL HISTORICAL PARK 

3 DESIGNATION ACT 

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Lewis and Clark Na6 tional Historical Park Designation Act’’. 

7 SEC. 102. DEFINITIONS. 

8 As used in this title: 

9 (1) PARK.—The term ‘‘park’’ means the Lewis 

10 and Clark National Historical Park designated in 

11 section 103. 

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

13 the Secretary of the Interior. 

14 SEC. 103. LEWIS AND CLARK NATIONAL HISTORICAL PARK. 

15 (a) DESIGNATION.—In order to preserve for the ben16 efit of the people of the United States the historic, cul17 tural, scenic, and natural resources associated with the ar18 rival of the Lewis and Clark Expedition in the lower Co19 lumbia River area, and for the purpose of commemorating 

20 the culmination and the winter encampment of the Lewis 

21 and Clark Expedition in the winter of 1805–1806 fol22 lowing its successful crossing of the North American Con23 tinent, there is designated as a unit of the National Park 

24 System the Lewis and Clark National Historical Park. 
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1 (b) BOUNDARIES.—The boundaries of the park are 

2 those generally depicted on the map entitled ‘‘Lewis and 

3 Clark National Historical Park, Boundary Map’’, num4 bered 405/80027, and dated December 2003, and which 

5 includes—

6 (1) lands located in Clatsop County, Oregon, 

7 which are associated with the winter encampment of 

8 the Lewis and Clark Expedition, known as Fort 

9 Clatsop and designated as the Fort Clatsop National 

10 Memorial by Public Law 85–435, including the site 

11 of the salt cairn (specifically, lot number 18, block 

12 1, Cartwright Park Addition of Seaside, Oregon) 

13 used by that expedition and adjacent portions of the 

14 old trail which led overland from the fort to the 

15 coast; 

16 (2) lands identified as ‘‘Fort Clatsop 2002 Ad17 dition Lands’’ on the map referred to in this sub18 section; and 

19 (3) lands located along the lower Columbia 

20 River in the State of Washington associated with the 

21 arrival of the Lewis and Clark Expedition at the Pa22 cific Ocean in 1805, which are identified as ‘‘Station 

23 Camp’’, ‘‘Clark’s Dismal Nitch’’, and ‘‘Cape Dis24 appointment’’ on the map referred to in this sub25 section. 
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1 (c) ACQUISITION OF LAND.—

2 (1) AUTHORIZATION.—The Secretary is author3 ized to acquire land, interests in land, and improve4 ments therein within the boundaries of the park, as 

5 identified on the map referred to in subsection (b), 

6 by donation, purchase with donated or appropriated 

7 funds, exchange, transfer from any Federal agency, 

8 or by such other means as the Secretary deems to 

9 be in the public interest. 

10 (2) CONSENT OF LANDOWNER REQUIRED.—The 

11 lands authorized to be acquired under paragraph (1) 

12 (other than corporately owned timberlands within 

13 the area identified as ‘‘Fort Clatsop 2002 Addition 

14 Lands’’ on the map referred to in subsection (b)) 

15 may be acquired only with the consent of the owner. 

16 (3) ACQUISITION OF FORT CLATSOP 2002 ADDI17 TION LANDS.—If the owner of corporately owned 

18 timberlands within the area identified as ‘‘Fort 

19 Clatsop 2002 Addition Lands’’ on the map referred 

20 to in subsection (b) agrees to enter into a sale of 

21 such lands as a result of actual condemnation pro22 ceedings or in lieu of condemnation proceedings, the 

23 Secretary shall enter into a memorandum of under24 standing with the owner regarding the manner in 
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1 which such lands shall be managed after acquisition 

2 by the United States. 

3 (d) CAPE DISAPPOINTMENT.—

4 (1) TRANSFER.—Subject to valid rights (includ5 ing withdrawals), the Secretary shall transfer to the 

6 Director of the National Park Service management 

7 of any Federal land at Cape Disappointment, Wash8 ington, that is within the boundary of the park. 

9 (2) WITHDRAWN LAND.—

10 (A) NOTICE.—The head of any Federal 

11 agency that has administrative jurisdiction over 

12 withdrawn land at Cape Disappointment, Wash13 ington, within the boundary of the park shall 

14 notify the Secretary in writing if the head of 

15 the Federal agency does not need the with16 drawn land. 

17 (B) TRANSFER.—On receipt of a notice 

18 under subparagraph (A), the withdrawn land 

19 shall be transferred to the administrative juris20 diction of the Secretary, to be administered as 

21 part of the park. 

22 (3) MEMORIAL TO THOMAS JEFFERSON.—All 

23 withdrawals of the 20–acre parcel depicted as a 

24 ‘‘Memorial to Thomas Jefferson’’ on the map re25 ferred to in subsection (b) are revoked, and the Sec-
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1 retary shall establish a memorial to Thomas Jeffer2 son on the parcel. 

3 (4) MANAGEMENT OF CAPE DISAPPOINTMENT

4 STATE PARK LAND.—The Secretary may enter into 

5 an agreement with the State of Washington pro6 viding for the administration by the State of the 

7 land within the boundary of the park known as 

8 ‘‘Cape Disappointment State Park’’. 

9 (e) MAP AVAILABILITY.—The map referred to in sub10 section (b) shall be on file and available for public inspec11 tion in the appropriate offices of the National Park Serv12 ice. 

13 SEC. 104. ADMINISTRATION. 

14 (a) IN GENERAL.—The park shall be administered by 

15 the Secretary in accordance with this title and with laws 

16 generally applicable to units of the National Park System, 

17 including the Act of August 25, 1916 (39 Stat. 535; 16 

18 U.S.C. 1 et seq.) and the Act of August 21, 1935 (49 

19 Stat. 666; 16 U.S.C. 461 et seq.). 

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

21 after funds are made available for this purpose, the Sec22 retary shall prepare an amendment to the General Man23 agement Plan for Fort Clatsop National Memorial to 

24 guide the management of the park. 
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1 (c) COOPERATIVE MANAGEMENT.—In order to facili2 tate the presentation of a comprehensive picture of the 

3 Lewis and Clark Expedition’s experiences in the lower Co4 lumbia River area and to promote more efficient adminis5 tration of the sites associated with those experiences, the 

6 Secretary may enter into cooperative management agree7 ments with appropriate officials in the States of Wash8 ington and Oregon in accordance with the authority pro9 vided under section 3(l) of Public Law 91–383 (112 Stat. 

10 3522; 16 U.S.C. 1a–2). 

11 SEC. 105. REPEAL OF SUPERSEDED LAW. 

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

13 153; 16 U.S.C. 450mm et seq.), regarding the establish14 ment and administration of Fort Clatsop National Memo15 rial, is repealed. 

16 (b) REFERENCES.—Any reference in any law (other 

17 than this title), regulation, document, record, map or 

18 other paper of the United States to ‘‘Fort Clatsop Na19 tional Memorial’’ shall be considered a reference to the 

20 ‘‘Lewis and Clark National Historical Park’’. 

21 SEC. 106. PRIVATE PROPERTY PROTECTION. 

22 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

23 this title shall be construed to—
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1 (1) require any private property owner to per2 mit public access (including Federal, State, or local 

3 government access) to such private property; or 

4 (2) modify any provision of Federal, State, or 

5 local law with regard to public access to or use of 

6 private lands. 

7 (b) LIABILITY.—Designation of the park shall not be 

8 considered to create any liability, or to have any effect on 

9 any liability under any other law, of any private property 

10 owner with respect to any persons injured on such private 

11 property. 

12 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

13 USE.—Nothing in this title shall be construed to modify 

14 any authority of Federal, State, or local governments to 

15 regulate the use of private land within the boundary of 

16 the park. 

17 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as may be necessary to carry out this title. 

20 TITLE II—LEWIS AND CLARK 

21 EASTERN LEGACY STUDY 

22 SEC. 201. DESIGNATION OF ADDITIONAL SITES FOR STUDY. 

23 (a) STUDY.—

24 (1) IN GENERAL.—The Secretary of the Inte25 rior shall update, with an accompanying map, the 
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1 1958 Lewis and Clark National Historic Landmark 

2 theme study to determine the historical significance 

3 of the eastern sites of the Corps of Discovery expedi4 tion used by Meriwether Lewis and William Clark, 

5 whether independently or together, in the prepara6 tion phase starting at Monticello, Virginia, and trav7 eling to Wood River, Illinois, and the return phase 

8 from Saint Louis, Missouri, to Washington, District 

9 of Columbia, including sites in Virginia, Washington, 

10 District of Columbia, Maryland, Delaware, Pennsyl11 vania, West Virginia, Ohio, Kentucky, Tennessee, 

12 Indiana, and Illinois. 

13 (2) FOCUS OF UPDATE; NOMINATION AND ADDI14 TION OF PROPERTIES.—The focus of the study 

15 under paragraph (1) shall be on developing historic 

16 context information to assist in the evaluation and 

17 identification, including the use of plaques, of sites 

18 eligible for listing in the National Register of His19 toric Places or designation as a National Historic 

20 Landmark. 

21 (b) REPORT.—Not later than 1 year after funds are 

22 made available for the study under this section, the Sec23 retary shall submit to the Committee on Resources in the 

24 House of Representatives and the Committee on Energy 

25 and Natural Resources in the Senate a report describing 
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1 any findings, conclusions, and recommendations of the 

2 study. 

3 SEC. 202. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this title.

Passed the House of Representatives July 19, 2004. 

Attest: JEFF TRANDAHL, 

Clerk.