108TH CONGRESS
2D SESSION
H. R. 3819
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—LEWIS AND CLARK NA-
TIONAL 
HISTORICAL 
PARK
DESIGNATION ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Lewis and Clark Na-
tional Historical Park Designation Act’’.
SEC. 102. DEFINITIONS.
As used in this title:
(1) PARK.—The term ‘‘park’’ means the Lewis
and Clark National Historical Park designated in
section 103.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 103. LEWIS AND CLARK NATIONAL HISTORICAL PARK.
(a) DESIGNATION.—In order to preserve for the ben-
efit of the people of the United States the historic, cul-
tural, scenic, and natural resources associated with the ar-
rival of the Lewis and Clark Expedition in the lower Co-
lumbia River area, and for the purpose of commemorating
the culmination and the winter encampment of the Lewis
and Clark Expedition in the winter of 1805–1806 fol-
lowing its successful crossing of the North American Con-
tinent, there is designated as a unit of the National Park
System the Lewis and Clark National Historical Park.
(b) BOUNDARIES.—The boundaries of the park are
those generally depicted on the map entitled ‘‘Lewis and
Clark National Historical Park, Boundary Map’’, num-
bered 405/80027, and dated December 2003, and which
includes—
(1) lands located in Clatsop County, Oregon,
which are associated with the winter encampment of
the Lewis and Clark Expedition, known as Fort
Clatsop and designated as the Fort Clatsop National
Memorial by Public Law 85–435, including the site
of the salt cairn (specifically, lot number 18, block
1, Cartwright Park Addition of Seaside, Oregon)
used by that expedition and adjacent portions of the
old trail which led overland from the fort to the
coast;
(2) lands identified as ‘‘Fort Clatsop 2002 Ad-
dition Lands’’ on the map referred to in this sub-
section; and
(3) lands located along the lower Columbia
River in the State of Washington associated with the
arrival of the Lewis and Clark Expedition at the Pa-
cific Ocean in 1805, which are identified as ‘‘Station
Camp’’, ‘‘Clark’s Dismal Nitch’’, and ‘‘Cape Dis-
appointment’’ on the map referred to in this sub-
section.
(c) ACQUISITION OF LAND.—
(1) AUTHORIZATION.—The Secretary is author-
ized to acquire land, interests in land, and improve-
ments therein within the boundaries of the park, as
identified on the map referred to in subsection (b),
by donation, purchase with donated or appropriated
funds, exchange, transfer from any Federal agency,
or by such other means as the Secretary deems to
be in the public interest.
(2) CONSENT OF LANDOWNER REQUIRED.—The
lands authorized to be acquired under paragraph (1)
(other than corporately owned timberlands within
the area identified as ‘‘Fort Clatsop 2002 Addition
Lands’’ on the map referred to in subsection (b))
may be acquired only with the consent of the owner.
(3) ACQUISITION OF FORT CLATSOP 2002 ADDI-
TION LANDS.—If the owner of corporately owned
timberlands within the area identified as ‘‘Fort
Clatsop 2002 Addition Lands’’ on the map referred
to in subsection (b) agrees to enter into a sale of
such lands as a result of actual condemnation pro-
ceedings or in lieu of condemnation proceedings, the
Secretary shall enter into a memorandum of under-
standing with the owner regarding the manner in
which such lands shall be managed after acquisition
by the United States.
(d) CAPE DISAPPOINTMENT.—
(1) TRANSFER.—Subject to valid rights (includ-
ing withdrawals), the Secretary shall transfer to the
Director of the National Park Service management
of any Federal land at Cape Disappointment, Wash-
ington, that is within the boundary of the park.
(2) WITHDRAWN LAND.—
(A) NOTICE.—The head of any Federal
agency that has administrative jurisdiction over
withdrawn land at Cape Disappointment, Wash-
ington, within the boundary of the park shall
notify the Secretary in writing if the head of
the Federal agency does not need the with-
drawn land.
(B) TRANSFER.—On receipt of a notice
under subparagraph (A), the withdrawn land
shall be transferred to the administrative juris-
diction of the Secretary, to be administered as
part of the park.
(3) MEMORIAL
TO
THOMAS
JEFFERSON.—All
withdrawals of the 20–acre parcel depicted as a
‘‘Memorial to Thomas Jefferson’’ on the map re-
ferred to in subsection (b) are revoked, and the Sec-
retary shall establish a memorial to Thomas Jeffer-
son on the parcel.
(4) MANAGEMENT OF CAPE DISAPPOINTMENT
STATE PARK LAND.—The Secretary may enter into
an agreement with the State of Washington pro-
viding for the administration by the State of the
land within the boundary of the park known as
‘‘Cape Disappointment State Park’’.
(e) MAP AVAILABILITY.—The map referred to in sub-
section (b) shall be on file and available for public inspec-
tion in the appropriate offices of the National Park Serv-
ice.
SEC. 104. ADMINISTRATION.
(a) IN GENERAL.—The park shall be administered by
the Secretary in accordance with this title and with laws
generally applicable to units of the National Park System,
including the Act of August 25, 1916 (39 Stat. 535; 16
U.S.C. 1 et seq.) and the Act of August 21, 1935 (49
Stat. 666; 16 U.S.C. 461 et seq.).
(b) MANAGEMENT PLAN.—Not later than 3 years
after funds are made available for this purpose, the Sec-
retary shall prepare an amendment to the General Man-
agement Plan for Fort Clatsop National Memorial to
guide the management of the park.
(c) COOPERATIVE MANAGEMENT.—In order to facili-
tate the presentation of a comprehensive picture of the
Lewis and Clark Expedition’s experiences in the lower Co-
lumbia River area and to promote more efficient adminis-
tration of the sites associated with those experiences, the
Secretary may enter into cooperative management agree-
ments with appropriate officials in the States of Wash-
ington and Oregon in accordance with the authority pro-
vided under section 3(l) of Public Law 91–383 (112 Stat.
3522; 16 U.S.C. 1a–2).
SEC. 105. REPEAL OF SUPERSEDED LAW.
(a) IN GENERAL.—Public Law 85–435 (72 Stat.
153; 16 U.S.C. 450mm et seq.), regarding the establish-
ment and administration of Fort Clatsop National Memo-
rial, is repealed.
(b) REFERENCES.—Any reference in any law (other
than this title), regulation, document, record, map or
other paper of the United States to ‘‘Fort Clatsop Na-
tional Memorial’’ shall be considered a reference to the
‘‘Lewis and Clark National Historical Park’’.
SEC. 106. PRIVATE PROPERTY PROTECTION.
(a) ACCESS
TO PRIVATE PROPERTY.—Nothing in
this title shall be construed to—
(1) require any private property owner to per-
mit public access (including Federal, State, or local
government access) to such private property; or
(2) modify any provision of Federal, State, or
local law with regard to public access to or use of
private lands.
(b) LIABILITY.—Designation of the park shall not be
considered to create any liability, or to have any effect on
any liability under any other law, of any private property
owner with respect to any persons injured on such private
property.
(c) RECOGNITION OF AUTHORITY TO CONTROL LAND
USE.—Nothing in this title shall be construed to modify
any authority of Federal, State, or local governments to
regulate the use of private land within the boundary of
the park.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this title.
TITLE II—LEWIS AND CLARK
EASTERN LEGACY STUDY
SEC. 201. DESIGNATION OF ADDITIONAL SITES FOR STUDY.
(a) STUDY.—
(1) IN GENERAL.—The Secretary of the Inte-
rior shall update, with an accompanying map, the
1958 Lewis and Clark National Historic Landmark
theme study to determine the historical significance
of the eastern sites of the Corps of Discovery expedi-
tion used by Meriwether Lewis and William Clark,
whether independently or together, in the prepara-
tion phase starting at Monticello, Virginia, and trav-
eling to Wood River, Illinois, and the return phase
from Saint Louis, Missouri, to Washington, District
of Columbia, including sites in Virginia, Washington,
District of Columbia, Maryland, Delaware, Pennsyl-
vania, West Virginia, Ohio, Kentucky, Tennessee,
Indiana, and Illinois.
(2) FOCUS OF UPDATE; NOMINATION AND ADDI-
TION
OF
PROPERTIES.—The focus of the study
under paragraph (1) shall be on developing historic
context information to assist in the evaluation and
identification, including the use of plaques, of sites
eligible for listing in the National Register of His-
toric Places or designation as a National Historic
Landmark.
(b) REPORT.—Not later than 1 year after funds are
made available for the study under this section, the Sec-
retary shall submit to the Committee on Resources in the
House of Representatives and the Committee on Energy
and Natural Resources in the Senate a report describing
any findings, conclusions, and recommendations of the
study.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this title.
Passed the House of Representatives July 19, 2004.
Attest:
Clerk.