IB 

Union Calendar No. 332 

108TH CONGRESS 

2D SESSION H. R. 3819 

[Report No. 108–570] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 2004 

Mr. BAIRD (for himself, Mr. WU, Mr. NETHERCUTT, Mr. BEREUTER, Mr. 

LARSEN of Washington, Mr. DICKS, Mr. INSLEE, Mr. MCDERMOTT, Mr. 

SMITH of Washington, Mr. DEFAZIO, Mr. SOUDER, Mr. POMEROY, Ms. 

HOOLEY of Oregon, Mr. BLUMENAUER, Mr. WALDEN of Oregon, Mr. 

GOODE, and Ms. DUNN) introduced the following bill; which was referred 

to the Committee on Resources 

JUNE 25, 2004 

Additional sponsor: Mr. HASTINGS of Washington 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 24, 2004] 

A BILL 

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. 
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 TITLE I—LEWIS AND CLARK NA4 TIONAL HISTORICAL PARK 

5 DESIGNATION ACT 

6 SEC. 101. SHORT TITLE. 

7 This title may be cited as the ‘‘Lewis and Clark Na8 tional Historical Park Designation Act’’. 

9 SEC. 102. DEFINITIONS. 

10 As used in this title: 

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

12 and Clark National Historical Park designed in sec13 tion 103. 

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

15 the Secretary of the Interior. 

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

17 (a) DESIGNATION.—In order to preserve for the benefit 

18 of the people of the United States the historic, cultural, sce19 nic, and natural resources associated with the arrival of 

20 the Lewis and Clark Expedition in the lower Columbia 

21 River area, and for the purpose of commemorating the cul22 mination and the winter encampment of the Lewis and 

23 Clark Expedition in the winter of 1805–1806 following its 

24 successful crossing of the North American Continent, there 
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1 is designated as a unit of the National Park System the 

2 Lewis and Clark National Historical Park. 

3 (b) BOUNDARIES.—The boundaries of the park are 

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

5 Clark National Historical Park, Boundary Map’’, num6 bered 405/80027, and dated December 2003, and which in7 cludes— 

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

9 which are associated with the winter encampment of 

10 the Lewis and Clark Expedition, known as Fort 

11 Clatsop and designated as the Fort Clatsop National 

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

13 of the salt cairn (specifically, lot number 18, block 1, 

14 Cartwright Park Addition of Seaside, Oregon) used 

15 by that expedition and adjacent portions of the old 

16 trail which led overland from the fort to the coast; 

17 (2) lands identified as ‘‘Fort Clatsop 2002 Addi18 tion Lands’’ on the map referred to in this subsection; 

19 and 

20 (3) lands located along the lower Columbia River 

21 in the State of Washington associated with the arrival 

22 of the Lewis and Clark Expedition at the Pacific 

23 Ocean in 1805, which are identified as ‘‘Station 

24 Camp’’, ‘‘Clark’s Dismal Nitch’’, and a ‘‘Memorial to 
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1 Thomas Jefferson’’ on the map referred to in this sub2 section. 

3 (c) ACQUISITION OF LAND.— 

4 (1) AUTHORIZATION.—The Secretary is author5 ized to acquire land, interests in land, and improve6 ments therein within the boundaries of the park, as 

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

8 donation, purchase with donated or appropriated 

9 funds, exchange, transfer from any Federal agency, or 

10 by such other means as the Secretary deems to be in 

11 the public interest. 

12 (2) CONSENT OF LANDOWNER REQUIRED.—The 

13 lands authorized to be acquired under paragraph (1) 

14 (other than corporately owned timberlands within the 

15 area identified as ‘‘Fort Clatsop 2002 Addition 

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

17 be acquired only with the consent of the owner. 

18 (3) ACQUISITION OF FORT CLATSOP 2002 ADDI19 TION LANDS.—If the owner of corporately owned 

20 timberlands within the area identified as ‘‘Fort 

21 Clatsop 2002 Addition Lands’’ on the map referred to 

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

23 lands as a result of actual condemnation proceedings 

24 or in lieu of condemnation proceedings, the Secretary 

25 shall enter into a memorandum of understanding 
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1 with the owner regarding the manner in which such 

2 lands shall be managed after acquisition by the United 

3 States. 

4 (4) CAPE DISAPPOINTMENT.—After the with5 drawal of any of the Federal lands from operation of 

6 the public land laws at Cape Disappointment in the 

7 State of Washington is relinquished by the Army 

8 Corps of Engineers or the United States Coast Guard, 

9 administrative jurisdiction over those lands shall be 

10 resumed by the Secretary. After administrative juris11 diction is resumed, the Secretary, acting through the 

12 Director of the National Park Service, shall enter into 

13 cooperative management agreements with appropriate 

14 officials in the State of Washington pursuant to sec15 tion 104(c) to manage those Federal lands as a State 

16 park. 

17 (d) MAP AVAILABILITY.—The map referred to in sub18 section (b) shall be on file and available for public inspec19 tion in the appropriate offices of the National Park Service. 

20 SEC. 104. ADMINISTRATION. 

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

22 the Secretary in accordance with this title and with laws 

23 generally applicable to units of the National Park System, 

24 including the Act of August 25, 1916 (39 Stat. 535; 16 
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1 U.S.C. 1 et seq.) and the Act of August 21, 1935 (49 Stat. 

2 666; 16 U.S.C. 461 et seq.). 

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

4 funds are made available for this purpose, the Secretary 

5 shall prepare an amendment to the General Management 

6 Plan for Fort Clatsop National Memorial to guide the man7 agement of the park. 

8 (c) COOPERATIVE MANAGEMENT.—In order to facili9 tate the presentation of a comprehensive picture of the 

10 Lewis and Clark Expedition’s experiences in the lower Co11 lumbia River area and to promote more efficient adminis12 tration of the sites associated with those experiences, the 

13 Secretary may enter into cooperative management agree14 ments with appropriate officials in the States of Wash15 ington and Oregon in accordance with the authority pro16 vided under section 3(l) of Public Law 91–383 (112 Stat. 

17 3522; 16 U.S.C. 1a–2). 

18 SEC. 105. REPEAL OF SUPERSEDED LAW. 

19 (a) IN GENERAL.—Public Law 85–435 (72 Stat. 153; 

20 16 U.S.C. 450mm et seq.), regarding the establishment and 

21 administration of Fort Clatsop National Memorial, is re22 pealed. 

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

24 than this title), regulation, document, record, map or other 

25 paper of the United States to ‘‘Fort Clatsop National Me-
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1 morial’’ shall be considered a reference to the ‘‘Lewis and 

2 Clark National Historical Park’’. 

3 SEC. 106. PRIVATE PROPERTY PROTECTION. 

4 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in this 

5 title shall be construed to— 

6 (1) require any private property owner to per7 mit public access (including Federal, State, or local 

8 government access) to such private property; or 

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

10 local law with regard to public access to or use of pri11 vate lands. 

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

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

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

15 owner with respect to any persons injured on such private 

16 property. 

17 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

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

19 any authority of Federal, State, or local governments to reg20 ulate the use of private land within the boundary of the 

21 park. 

22 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums as 

24 may be necessary to carry out this title. 
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1 TITLE II—LEWIS AND CLARK 

2 EASTERN LEGACY STUDY 

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

4 (a) STUDY.— 

5 (1) IN GENERAL.—The Secretary of the Interior 

6 shall update, with an accompanying map, the 1958 

7 Lewis and Clark National Historic Landmark theme 

8 study to determine the historical significance of the 

9 eastern sites of the Corps of Discovery expedition used 

10 by Meriwether Lewis and William Clark, whether 

11 independently or together, in the preparation phase 

12 starting at Monticello, Virginia, and traveling to 

13 Wood River, Illinois, and the return phase from Saint 

14 Louis, Missouri, to Washington, District of Columbia, 

15 including sites in Virginia, Washington, District of 

16 Columbia, Maryland, Delaware, Pennsylvania, West 

17 Virginia, Ohio, Kentucky, Tennessee, Indiana, and Il18 linois. 

19 (2) FOCUS OF UPDATE; NOMINATION AND ADDI20 TION OF PROPERTIES.—The focus of the study under 

21 paragraph (1) shall be on developing historic context 

22 information to assist in the evaluation and identifica23 tion, including the use of plaques, of sites eligible for 

24 listing in the National Register of Historic Places or 

25 designation as a National Historic Landmark. 
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1 (b) REPORT.—Not later than 1 year after funds are 

2 made available for the study under this section, the Sec3 retary shall submit to the Committee on Resources in the 

4 House of Representatives and the Committee on Energy and 

5 Natural Resources in the Senate a report describing any 

6 findings, conclusions, and recommendations of the study. 

7 SEC. 202. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated such sums as 

9 may be necessary to carry out this title. 
Union Calendar No. 332 

108TH CONGRESS 

2D SESSION H.R. 3819 

[Report No. 108–570] 

A BILL 

To redesignate Fort Clatsop National Memorial as 

other purposes. ington as well as the State of Oregon, and for include in the park sites in the State of Washthe Lewis and Clark National Historical Park, to 

JUNE 25, 2004 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,