I
104TH CONGRESS
1ST SESSION
H. R. 2172
To establish the Vancouver National Historic Reserve, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 1995
Mrs. SMITH of Washington introduced the following bill; which was referred
to the Committee on Resources
A BILL
To establish the Vancouver National Historic Reserve, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Vancouver National
Historic Reserve Act of 1995’’.
SEC. 2. FINDINGS AND DECLARATIONS; PURPOSES.
(a) FINDINGS AND DECLARATIONS.—Congress finds
and declares that—
(1) the lower Columbia River basin and Van-
couver, Washington, have been the focal point of a
number of important periods, themes, and events in
American history and prehistory, including native
settlements, westward expansion of the British colo-
nies and the United States from 1763 to 1898, and
political and military affairs from 1856 to 1941;
(2)(A) the Columbia River is the central feature
around which the history of the Vancouver National
Historic Reserve and the entire Pacific Northwest
revolve and has been an artery for communication
and trade since prehistoric times; and
(B) the Historic Reserve is located on the
shores of the Columbia River 78 miles from the Pa-
cific Ocean;
(3) Fort Vancouver was founded in 1825 by the
Hudson Bay Company, and its development from
1825 to 1860 was seminal to Euro-American settle-
ment of the Northwest;
(4) Fort Vancouver National Historic Site was
established as a unit of the National Park System
in 1948;
(5) Vancouver Barracks served as the principal
administrative outpost of the United States Army in
the Pacific Northwest from 1849 until World War I,
served as a command post during the Native Amer-
ican Wars of the mid- to late-19th century, and pro-
vided major facilities for support of United States
military ventures throughout the Pacific during the
Spanish-American War and the two World Wars;
(6) as part of Vancouver Barracks, Pearson
Airfield was the site of significant events in the his-
tory of aviation in the Pacific Northwest during the
interwar period between 1923 and 1941;
(7) Pearson Airfield continues to be an impor-
tant home to historic aircraft and historic aviation;
(8) the Historic Reserve contains a number of
discovered as well as unrecovered archaeological sites
significant to the history of North America and the
growth of the United States;
(9) the Historic Reserve is located close to
major metropolitan areas, including Portland, Or-
egon, Tacoma, Washington, and Seattle, Washing-
ton, and is immediately adjacent to Interstate Route
5, the major north-south interstate highway of the
Pacific Northwest;
(10) many Federal, State, and local government
entities, private organizations, and individuals have
expressed a desire to join forces and work together
in a cooperative spirit in order to preserve, interpret,
and enhance the cultural, recreational, and edu-
cational potential of the Historic Reserve;
(11) the document entitled ‘‘Vancouver Na-
tional Historical Reserve Feasibility Study and Envi-
ronmental Assessment’’, as required by Public Law
101–523 (104 Stat. 2297), made certain findings
and recommendations, including recommendations
that—
(A) the Vancouver National Historic Re-
serve be established; and
(B) a partnership among Federal, State
and local agencies be formed to—
(i) manage, enhance, and preserve the
historical assets of the area;
(ii) plan and develop a new Pearson
Airpark Historical Museum; and
(iii) continue operation of Pearson
Airpark after 2002, with measures and a
timetable by which Pearson Airpark will be
converted from general aviation to long-
term historical uses; and
(12) Congress endorses the findings and rec-
ommendations made in the Vancouver National His-
torical Reserve Feasibility Study and Environmental
Assessment.
(b) PURPOSES.—The purposes of this Act are—
(1) to preserve, enhance, and interpret the sig-
nificant aspects of the land, water, structures, and
history of the Historic Reserve; and
(2) to establish a cooperative arrangement
through which an integrated cultural, historical, rec-
reational, and educational land resource manage-
ment program may be developed and implemented to
achieve those purposes.
SEC. 3. DEFINITIONS.
In this Act:
(1) CHAIRPERSON.—The term ‘‘Chairperson’’
means the Chairperson of the Partnership elected
under section 5(e)(3).
(2) COOPERATIVE AGREEMENT.—The term ‘‘co-
operative agreement’’ means a cooperative agree-
ment entered into under section 5(g).
(3) HISTORIC AIRCRAFT.—The term ‘‘historic
aircraft’’ means an aircraft that—
(A) is based on a design from the World
War II era or earlier;
(B) is 50 years old or older; or
(C) is of historical significance, as deter-
mined by a qualified aviation advisory group se-
lected by the Partnership.
(4) HISTORIC RESERVE.—The term ‘‘Historic
Reserve’’ means the Vancouver National Historic
Reserve established by section 4.
(5) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan developed
and submitted under section 8.
(6) MEMBER
AGENCY.—The term ‘‘member
agency’’ means—
(A) the National Park Service;
(B) the Historic Preservation Office of the
State of Washington;
(C) the Department of the Army; and
(D) the city of Vancouver, Washington.
(7) PARTNERSHIP.—The term ‘‘Partnership’’
means the Vancouver National Historic Reserve
Partnership described in section 5.
(8) PEARSON
ECONOMIC
PLAN.—The term
‘‘Pearson economic plan’’ means the Pearson Air-
park economic viability and mitigation plan under
section 9(b).
(9) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Di-
rector of the National Park Service.
SEC. 4. VANCOUVER NATIONAL HISTORIC RESERVE.
(a) ESTABLISHMENT.—There is established the Van-
couver National Historic Reserve.
(b) AREAS TO BE INCLUDED IN THE HISTORIC RE-
SERVE.—The Historic Reserve—
(1) shall be comprised of approximately 366
acres of publicly owned land, as generally depicted
on the map entitled ‘‘Vancouver National Historic
Reserve—Proposed Reserve Area’’, contained in the
report entitled ‘‘Vancouver National Historical Re-
serve Feasibility Study and Environmental Assess-
ment’’ at page 97, published by the Vancouver His-
torical Study Commission and dated April 1993; and
(2) shall include the following lands and facili-
ties:
(A) Fort Vancouver National Historic Site.
(B) Vancouver Barracks.
(C) Pearson Airfield and Air Museum.
(D) Officers Row.
(E) Old Apple Tree Park.
(F) Marine Park.
(G) The area of the Columbia River water-
front identified in the map described in para-
graph (1).
(H) The land and easements dedicated to
the city of Vancouver, Washington, for a water-
front trail within the Columbia Shores property.
(I) A pedestrian-only path between the
Marine Park and the southeastern corner of the
Historic Reserve at Columbia Way.
(c) AVAILABILITY OF MAP.—The map described in
subsection (b)(1) shall be on file and available for public
inspection in the offices of the Director of the National
Park Service.
SEC. 5. VANCOUVER NATIONAL HISTORIC RESERVE PART-
NERSHIP.
(a) AUTHORIZATION.—The Secretary and the Sec-
retary of the Army may participate as members of a body
to be known as the ‘‘Vancouver National Historic Reserve
Partnership’’ in accordance with the terms and conditions
stated in this Act.
(b) NATURE OF PARTNERSHIP.—
(1) IN GENERAL.—The Partnership shall serve
as a vehicle for cooperation and collaboration among
the member agencies in accordance with this Act,
but—
(A) the Partnership shall not constitute an
advisory committee under the Federal Advisory
Committee Act (5 U.S.C. App.), an agency of
the United States, or other form of legal entity
separate from the member agencies; and
(B) the member agencies shall not be
treated as partners in a legal sense.
(2) RETENTION OF AUTHORITY.—Each member
agency shall retain direct management authority
over its lands, facilities, and programs in the His-
toric Reserve.
(c) PURPOSE.—The purpose of the Partnership shall
be to oversee the protection, enhancement, and develop-
ment of the Historic Reserve.
(d) ACTIVITIES.—The Partnership shall—
(1) act as a forum for cooperation and coordi-
nation among the member agencies;
(2) make reasonable efforts to minimize staff-
ing, development, and operational costs to each
member agency;
(3) promote the coordinated protection, use,
and interpretation of the cultural, recreational, and
educational resources of the Historic Reserve;
(4) identify additional opportunities for appro-
priate public use and enjoyment of the Historic Re-
serve; and
(5) develop and coordinate implemention of the
management plan (including the Pearson economic
plan) and an interpretive plan for the Historic Re-
serve under section 8(b)(2).
(e) REPRESENTATIVES.—
(1) IN
GENERAL.—The Partnership shall be
comprised of—
(A) a representative of the National Park
Service, appointed by the Secretary;
(B) a representative of the Historic Preser-
vation Office of the State of Washington, ap-
pointed by the Governor of the State of
Washington;
(C) a representative of the Department of
the Army, appointed by the Secretary of the
Army;
(D) a representative of the city of Van-
couver, Washington, appointed by the mayor of
the city of Vancouver; and
(E) a representative of the general public,
appointed by the Secretary from among citizens
of the State of Washington recommended by
the Governor of the State of Washington and
the mayor of Vancouver, Washington.
(2) TERMS OF SERVICE.—
(A) IN GENERAL.—A representative to the
Partnership—
(i) shall be appointed for terms of 3
years; and
(ii) may be reappointed.
(B) VACANCIES.—A representative to the
Partnership appointed to fill a vacancy occur-
ring before the expiration of the term for which
the representative’s predecessor was appointed
shall be appointed only for the remainder of the
term.
(C) CONTINUED SERVICE UNTIL APPOINT-
MENT OF SUCCESSOR.—A representative to the
Partnership appointed for a definite term may
serve after the expiration of the representative’s
term until the representative’s successor has
taken office.
(3) CHAIRPERSON.—The Partnership shall have
a Chairperson who—
(A) shall be elected by the representatives
to the Partnership for a term of 2 years; and
(B) shall coordinate and preside over meet-
ings, discussions, and other activities of the
Partnership.
(f) MEETINGS.—
(1) IN GENERAL.—The Partnership shall meet
at least quarterly at the call of the Chairperson or
a majority of the representatives to the Partnership.
(2) OPEN MEETINGS.—Meetings of the Part-
nership shall be held in accordance with the prin-
ciples embodied in section 552b of title 5, United
States Code, adapted as appropriate to apply to the
Partnership.
(3) HEARINGS.—The Partnership may, for the
purposes of carrying out this Act, hold hearings, sit
and act at such times and places, take such testi-
mony, and receive such evidence as the Partnership
considers appropriate.
(g) COOPERATIVE AGREEMENT.—
(1) IN GENERAL.—Not later than 1 year after
the Partnership conducts its first meeting, the Part-
nership shall prepare and submit to the Secretary
for review and approval a cooperative agreement to
govern the operations of the Partnership.
(2) PUBLIC
PARTICIPATION.—The cooperative
agreement shall be prepared with public participa-
tion.
(3) CONTENTS.—The cooperative agreement
shall—
(A) describe the goals and objectives of the
Historic Reserve and the basic responsibilities
of the members of the Partnership, in fulfilling
the purposes and carrying out the activities of
the Partnership;
(B) contain a brief outline of the objectives
that are likely to be included in the manage-
ment plan in order to achieve the purposes of
the Historic Reserve; and
(C) provide for the making available by the
member agencies of such staffing, administra-
tive support services, and facilities for the use
of the Partnership as will enable the Partner-
ship to perform its functions.
(4) APPROVAL.—The cooperative agreement
shall become effective on approval by the Secretary.
SEC. 6. STAFFING, ADMINISTRATIVE SUPPORT, AND USE OF
FACILITIES.
(a) IN GENERAL.—The member agencies shall pro-
vide staffing, administrative support services, and facilities
for the Partnership as specified in the cooperative agree-
ment (including facilities leased by a member agency and
made available for use by the Partnership).
(b) EXPERTS AND CONSULTANTS.—The Secretary
may procure and make available to the Partnership tem-
porary and intermittent services under section 3109(b) of
title 5, United States Code, but at rates determined by
the Partnership to be reasonable.
(c) STAFF OF GOVERNMENT AGENCIES.—
(1) FEDERAL
AGENCIES.—On request of the
Secretary, the head of any Federal agency may de-
tail, on a reimbursable basis, any of the personnel
of the agency to the Secretary to assist the Partner-
ship in carrying out the Partnership’s activities.
(2) STATE AND LOCAL AGENCIES.—The Part-
nership may accept the service of personnel detailed
from the State, or any political subdivision or re-
gional planning organization, and may reimburse the
State, political subdivision, or regional planning or-
ganization for those services.
(d) ADMINISTRATIVE SUPPORT SERVICES.—The Ad-
ministrator of the General Services Administration shall
provide to the Partnership on a reimbursable basis such
administrative support services as the Secretary may re-
quest.
(e) MAILS.—The Secretary may use the United
States mails for correspondence of the Partnership in the
performance of the activities of the Partnership in the
same manner and under the same conditions as for cor-
respondence of the Department of the Interior in the per-
formance of activities of the Department of the Interior.
SEC. 7. REAL AND PERSONAL PROPERTY.
(a) ACCEPTANCE.—For purposes of carrying out its
activities, the Partnership may—
(1) seek, accept, and dispose of donations of
real property (including an interest in real property),
money or other personal property, or services re-
ceived from any source; and
(2) acquire real property (including an interest
in real property) by purchase from a willing seller
with donated funds or funds appropriated to the
Secretary and made available for the purposes of the
Historic Reserve.
(b) TREATMENT.—Any real property or money or
other personal property accepted or acquired by the Part-
nership under subsection (a)—
(1) shall be held by a member agency des-
ignated by the Partnership in trust for the Partner-
ship pending disposition of the property under sub-
section (c); and
(2) shall be treated as a charitable contribution
under section 170(c) of the Internal Revenue Code
of 1986.
(c) DISPOSITION.—
(1) USE OF FUNDS AS MATCHING FUNDS.—The
Partnership may use its funds to obtain money from
any source under any program or law requiring the
recipient of such money to make a contribution in
order to receive such money.
(2) CONVEYANCE.—As soon as practicable after
real property or personal property is accepted or ac-
quired by the Partnership under subsection (a)—
(A) the Partnership shall determine wheth-
er the property should be conveyed to 1 of the
member agencies, on condition that the prop-
erty be used for the benefit of the Historic Re-
serve, or sold to raise funds to be used for the
benefit of the Historic Reserve; and
(B) the member agency holding the prop-
erty in trust shall effectuate the conveyance or
sale.
SEC. 8. HISTORIC RESERVE MANAGEMENT PLAN.
(a) DEVELOPMENT
AND
SUBMISSION
TO
SEC-
RETARY.—Not later than 3 years after the Partnership
conducts its first meeting, the Partnership shall develop
a Historic Reserve management plan and submit the plan
to the Secretary for review and approval.
(b) CONTENTS.—The management plan shall—
(1) define a timetable for actions of the Part-
nership and for development of the specific programs
and facilities of the Historic Reserve;
(2) establish requirements for an interpretive
plan for the Historic Reserve, to be developed by the
Partnership, that—
(A) provides a framework for all the insti-
tutions within the Historic Reserve to incor-
porate information on the overlapping contin-
uum of history represented in the Historic Re-
serve area; and
(B) addresses coordination of facilities pro-
grams; and
(3) include the Pearson economic plan.
(c) APPROVAL.—The management plan shall become
effective on approval by the Secretary.
(d) AMENDMENT AND REVIEW.—As appropriate, the
Partnership shall evaluate the progress made in imple-
menting the management plan and shall submit to the
Secretary a revised management plan for the Secretary’s
review and approval.
(e) MEMORANDA OF AGREEMENT.—For purposes of
carrying out the management plan, the Partnership may
enter into a memorandum of agreement with a State, po-
litical subdivision of a State, or private person or organiza-
tion that, at a minimum, establishes procedures for pro-
viding notice to the Partnership of any action proposed
by the State, political subdivision, or person or organiza-
tion that may affect implementation of the management
plan.
SEC. 9. PEARSON AIRPARK.
(a) CONDITIONS ON CONTINUED GENERAL AVIATION
USE.—General aviation at Pearson Airpark, as permitted
to be conducted on National Park Service property on the
date of enactment of this Act, shall be permitted after the
year 2002 subject to the following conditions:
(1) MUSEUM.—Pearson Airfield and Air Mu-
seum shall be operated by the city of Vancouver,
Washington, or its designated entity.
(2) FEE AND RENTAL.—The city of Vancouver,
Washington, shall pay the National Park Service—
(A) a fee of $1 per year for the continued
use and occupancy of Pearson Airpark on Na-
tional Park Service property; and
(B) the appraised fair market land rental
value of the portion of the National Park Serv-
ice property that is used for development of the
Pearson Airpark Historical Museum, as deter-
mined in consultation with the Partnership.
(3) REMOVAL OF EXTRANEOUS BUILDINGS AND
DEVICES.—All nonhistoric aviation-related facilities
and equipment, including T-hangars and associated
taxiways, shall be removed by the city of Vancouver
from National Park Service property by April 6,
2003, except those necessary for navigation and
safety.
(4) NO COMPENSATION.—The city of Vancouver
shall not be compensated for historic aviation-related
facilities or equipment remaining on National Park
Service property, but shall be liable and responsible
for continued use and maintenance of those facilities
and that equipment.
(5) IMPROVEMENTS AND ADDITIONS.—The ap-
proval of the Secretary shall be required for all im-
provements and additions to facilities or equipment
of the Air Museum located on property of the Na-
tional Park Service.
(6) HELICOPTERS.—Helicopters shall not be
based at Pearson Airpark except as necessary to ac-
commodate emergency, disaster, or national security
needs.
(7) NUMBER
OF
AIRCRAFT.—The number of
airworthy aircraft based at Pearson Airpark shall be
determined under the Pearson economic plan.
(b) PEARSON ECONOMIC PLAN.—
(1) IN GENERAL.—The Partnership shall pre-
pare an economic viability and mitigation plan for
Pearson Airpark and include the plan in the man-
agement plan.
(2) REQUIREMENTS.—The Pearson economic
plan shall require the following:
(A) A report, through the Secretary, to
Congress by the year 2022 regarding the advis-
ability of continuing to base some general avia-
tion aircraft at Pearson Airpark, taking into ac-
count their impact on National Park Service
operations, the needs of the community, and
whether or not general aviation aircraft are nec-
essary to support the economic viability of the
historic aircraft mission within the Historic Re-
serve.
(B) Incentives and regulations to encour-
age a transition from basing predominantly
general aviation aircraft to basing only historic
aircraft by April 6, 2022, after which date no
general aviation aircraft shall be allowed at
Pearson Airpark unless a continuation of gen-
eral aviation is expressly authorized by Act of
Congress enacted after the date of enactment of
this Act.
(C) A program, coordinated with the Fed-
eral Aviation Administration and other agen-
cies, to mitigate or eliminate any conflicts relat-
ed to the operation of Pearson Airpark and
other activities within the Historic Reserve, that
addresses noise, safety, visual intrusion, and the
location of new facilities.
(D) A Pearson Airpark Historical Museum
plan, including budgetary strategies by which
proceeds from general aviation and other
sources will fund the museum and other avia-
tion curation activities.
SEC. 10. DUTIES AND POWERS OF THE SECRETARY.
(a) IN GENERAL.—The National Park Service shall
have the lead Federal agency role for—
(1) implementing the management plan; and
(2) planning, designing, constructing, and su-
pervising Historic Reserve facilities.
(b) ASSISTANCE IN PREPARING THE COOPERATIVE
AGREEMENT AND MANAGEMENT PLAN.—On request of
the Partnership, the Secretary may—
(1) through the Director of the National Park
Service, provide matching funds to assist the Part-
nership in development of the management plan; and
(2) provide technical assistance in preparing
and developing the management plan.
(c) APPROVAL AND DISAPPROVAL OF COOPERATIVE
AGREEMENT AND MANAGEMENT PLAN.—
(1) IN GENERAL.—The Secretary shall approve
or disapprove a proposed cooperative agreement or
management plan not later than 90 days after re-
ceiving the proposed cooperative agreement manage-
ment plan.
(2) 
DISAPPROVAL.—If 
the 
Secretary 
dis-
approves a cooperative agreement or management
plan, the Secretary shall advise the Partnership in
writing of the reasons for the disapproval and shall
make recommendations for revisions of the agree-
ment or plan.
(3) REVISION.—The Secretary shall approve or
disapprove a proposed revision not later than 90
days after the date on which the revision is submit-
ted.
(d) AMENDMENTS
TO MANAGEMENT PLAN.—The
Secretary shall review, and approve or disapprove, sub-
stantial amendments to the management plan.
(e) ASSISTANCE IN IMPLEMENTING THE MANAGE-
MENT PLAN.—
(1) IN GENERAL.—The Secretary may, on re-
quest of the Partnership, provide technical and fi-
nancial assistance in developing and implementing
the management plan.
(2) NONFEDERALLY OWNED PROPERTY.—The
Secretary, through the Director of the National
Park Service, may make grants to pay not more
than 50 percent of the cost of renovation or repair
of nonfederally owned property in the Historic Re-
serve consistent with the management plan.
(3) PUBLIC
INFORMATION.—In cooperation
with other Federal agencies, the Secretary shall pro-
vide the public with information regarding the loca-
tion and character of components of the Historic Re-
serve.
SEC. 11. DUTIES OF OTHER FEDERAL ENTITIES.
(a) IN GENERAL.—Any Federal entity conducting or
supporting activities directly affecting the Historic Re-
serve, and any unit of government acting pursuant to a
grant of Federal funds or a Federal permit or agreement
conducting or supporting such activities, shall, to the max-
imum extent practicable—
(1) consult with the Secretary and the Partner-
ship with respect to such activities;
(2) cooperate with the Secretary and the Part-
nership in carrying out activities under this Act and
coordinate those activities with the carrying out of
activities under this Act; and
(3) conduct or support activities in a manner
that is consistent with the management plan unless
the Federal entity, after consultation with the Part-
nership, determines that there is no practicable al-
ternative.
(b) ASSISTANCE UNDER OTHER LAW.—Nothing in
this Act shall be construed to prohibit the Secretary or
other units of government from providing technical or fi-
nancial assistance as authorized under any other law.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated, in addition to amounts authorized to be appro-
priated for the Fort Vancouver National Historic Site
under other law, such sums as are necessary to carry out
this Act.
(b) COST SHARE.—
(1) IN GENERAL.—The Federal share of the
costs of activities of the Partnership for any fiscal
year may not exceed 50 percent of the total costs of
the activities of the Partnership for that fiscal year.
(2) FORM.—The Federal and non-Federal
share of the costs for activities of the Partnership
may be in the form of cash, services, or in-kind con-
tributions, fairly valued.
Æ
HR 2172 IH——2