Lewis and Clark National Historical Park Designation Act

Bill: 108-hr-3819
Sponsor: Rep. Baird, Brian [D-WA-3]
Introduced: 2004-02-24 in the House
Policy area: Public Lands and Natural Resources
Subjects: Commemorations
Delaware
District of Columbia
Forest management
Government Operations and Politics
Historic sites
History
Illinois
Indiana
Jefferson Administration
Kentucky
Land transfers
Maryland
Missouri
Monuments and memorials
National parks
Ohio
Oregon
Pennsylvania
Sports and Recreation
Trails
Virginia
Washington State
West (U.S.)
West Virginia

Summary:
action_date: 2004-02-24
text: 
Lewis and Clark National Historical Park Designation Act of 2004 - Designates the Lewis and Clark National Historical Park as a unit of the National Park System. 
 
Defines the boundaries of the park, located in the States of Oregon and Washington, according to a map entitled &quot;Lewis and Clark National Historical Park, Boundary Map&quot; which includes the Fort Clatsop National Memorial and other specified lands.
 
 Authorizes the Secretary of the Interior to acquire land within park boundaries. Directs that such land may be acquired only with the consent of the owner except with regard to specified corporately owned timberlands. Requires the Secretary, if the owner of such corporately owned timberlands agrees to sell, to enter into a memorandum of understanding with the owner addressing post-acquisition management of those lands.
 
Requires the map of the park to be made available for public inspection in the appropriate offices of the National Park Service (NPS).
 
Requires the Secretary to: (1) administer the park in accordance with this Act and with laws generally applicable to the NPS; and (2) prepare a management plan for the park. Authorizes the Secretary to enter into cooperative management agreements with appropriate officials in Oregon and Washington.

action_date: 2004-06-25
text: 

Title I: Lewis and Clark National Historical Park Designation Act 
- Lewis and Clark National Historical Park Designation Act - (Sec. 103) Designates the Lewis and Clark National Historical Park as a unit of the National Park System in order to preserve for the benefit of the people of the United States the historic, cultural, scenic, and natural resources associated with the arrival of the Lewis and Clark Expedition in the lower Columbia River area, and for the purpose of commemorating the culmination and the winter encampment of the Expedition in the winter of 1805-1806 following its successful crossing of the North American Continent. 
 
Defines the boundaries of the park, located in the States of Oregon and Washington, according to a map entitled &quot;Lewis and Clark National Historical Park, Boundary Map&quot; (December 2003), which includes the Fort Clatsop National Memorial and other specified lands.
 
 Authorizes the Secretary of the Interior to acquire land, interests in land, and improvements therein within park boundaries by donation, purchase, exchange, transfer from any Federal agency, or by such other means deemed to be in the public interest. Directs that such land may be acquired only with the consent of the owner except with regard to specified corporately owned timberlands. Requires the Secretary, if the owner of specified corporately owned timberlands agrees to sell as a result of actual condemnation proceedings or in lieu of condemnation proceedings, to enter into a memorandum of understanding with the owner addressing post-acquisition management of those lands. 
 
States that, after the withdrawal of any of the Federal lands from operation of the public land laws at Cape Disappointment in Washington is relinquished by the Army Corps of Engineers or the U.S. Coast Guard, administrative jurisdiction over those lands shall be resumed by the Secretary. Instructs the Secretary, acting through the Director of the National Park Service, after administrative jurisdiction is resumed, to enter into cooperative management agreements with appropriate officials in Washington pursuant to this title to manage those Federal lands as a State park. 
 
(Sec. 104) Requires the Secretary to: (1) administer the park in accordance with this title and with laws generally applicable to the NPS; and (2) prepare an amendment to the general management plan for Fort Clatsop National Memorial to guide management of the Park. Authorizes the Secretary to enter into cooperative management agreements with appropriate officials in Oregon and Washington in accordance with certain authority provided under Federal law concerning cooperative management agreements with respect to the conduct of living exhibits and interpretive demonstrations in order to facilitate the presentation of a comprehensive picture of the Lewis and Clark Expedition's experiences in the lower Columbia River area and to promote more efficient administration of associated sites.
 
(Sec. 105) Repeals specified law regarding the establishment and administration of Fort Clatsop National Memorial.
 
(Sec. 106) Prohibits anything in this title from being construed to: (1) require any private property owner to permit 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.
 
States that 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.
 
Prohibits anything in this title from being construed to modify any authority of Federal, State, or local governments to regulate the use of private land within the Park's boundaries.
 
(Sec. 107) Authorizes appropriations.
 

Title II: Lewis and Clark Eastern Legacy Study 
- (Sec. 201) Directs the Secretary to 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 expedition used by Lewis and Clark, whether independently or together, in the preparation phase starting at Monticello, Virginia, and traveling 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, Pennsylvania, West Virginia, Ohio, Kentucky, Indiana, and Illinois. Requires the study's focus to 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 Historic Places or designation as a National Historic Landmark. Requires the Secretary to submit to specified congressional committees a report describing any findings, conclusions, and recommendations.
 
(Sec. 202) Authorizes appropriations.

action_date: 2004-07-19
text: 

Title I: Lewis and Clark National Historical Park Designation Act 
- Lewis and Clark National Historical Park Designation Act - (Sec. 103) Designates the Lewis and Clark National Historical Park as a unit of the National Park System. 
 
Defines the boundaries of the park, located in the States of Oregon and Washington, according to a map entitled &quot;Lewis and Clark National Historical Park, Boundary Map&quot; (December 2003), which includes the Fort Clatsop National Memorial and other specified lands.
 
 Authorizes the Secretary of the Interior to acquire land, interests in land, and improvements therein within park boundaries. Directs that such land may be acquired only with the consent of the owner except with regard to specified corporately owned timberlands. Requires the Secretary, if the owner of specified corporately owned timberlands agrees to sell as a result of actual condemnation proceedings or in lieu of condemnation proceedings, to enter into a memorandum of understanding with the owner addressing post-acquisition management of those lands. 
 
Directs the Secretary to transfer, subject to valid rights (including withdrawals), to the Director of the National Park Service management of any Federal land at Cape Disappointment, Washington, that is within the boundary of the park. Revokes all withdrawals of a specified 20-acre parcel depicted as a &quot;Memorial to Thomas Jefferson&quot; and directs the Secretary to establish a memorial to Thomas Jefferson on the parcel. Authorizes the Secretary to enter into an agreement with the State of Washington providing for the administration by such State of the land within the boundary of the park known as Cape Disappointment State Park.
 
(Sec. 104) Requires the Secretary to: (1) administer the park in accordance with this title and with laws generally applicable to the NPS; and (2) prepare an amendment to the general management plan for Fort Clatsop National Memorial to guide management of the Park. Authorizes the Secretary to enter into cooperative management agreements with appropriate officials in Oregon and Washington with respect to the conduct of living exhibits and interpretive demonstrations.
 
(Sec. 105) Repeals specified law regarding the establishment and administration of Fort Clatsop National Memorial.
 
(Sec. 106) Prohibits anything in this title from being construed to: (1) require any private property owner to permit public access (including government access) to such private property; or (2) modify any provision of law concerning public access to or use of private lands.
 
States that 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.
 
Prohibits anything in this title from being construed to modify any authority to regulate the use of private land within the Park's boundaries.
 
(Sec. 107) Authorizes appropriations.
 

Title II: Lewis and Clark Eastern Legacy Study 
- (Sec. 201) Directs the Secretary to update the 1958 Lewis and Clark National Historic Landmark theme study of the eastern sites of the Corps of Discovery expedition used by Lewis and Clark in the preparation phase starting at Monticello, Virginia, and traveling 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, Pennsylvania, West Virginia, Ohio, Kentucky, Indiana, and Illinois. Requires the study's focus to be on developing historic context information to assist in the evaluation and identification of sites eligible for listing in the National Register of Historic Places or designation as a National Historic Landmark. Requires the Secretary to report to Congress on any findings, conclusions, and recommendations.
 
(Sec. 202) Authorizes appropriations.

action_date: 2004-10-30
text: 

(This measure has not been amended since it was passed by the House on July 19, 2004. The summary of that version is repeated here.)

 

Title I: Lewis and Clark National Historical Park Designation Act 
- Lewis and Clark National Historical Park Designation Act - (Sec. 103) Designates the Lewis and Clark National Historical Park as a unit of the National Park System. 
 
Defines the boundaries of the park, located in the States of Oregon and Washington, according to a map entitled &quot;Lewis and Clark National Historical Park, Boundary Map&quot; (December 2003), which includes the Fort Clatsop National Memorial and other specified lands.
 
 Authorizes the Secretary of the Interior to acquire land, interests in land, and improvements therein within park boundaries. Directs that such land may be acquired only with the consent of the owner except with regard to specified corporately owned timberlands. Requires the Secretary, if the owner of specified corporately owned timberlands agrees to sell as a result of actual condemnation proceedings or in lieu of condemnation proceedings, to enter into a memorandum of understanding with the owner addressing post-acquisition management of those lands. 
 
Directs the Secretary to transfer, subject to valid rights (including withdrawals), to the Director of the National Park Service management of any Federal land at Cape Disappointment, Washington, that is within the boundary of the park. Revokes all withdrawals of a specified 20-acre parcel depicted as a &quot;Memorial to Thomas Jefferson&quot; and directs the Secretary to establish a memorial to Thomas Jefferson on the parcel. Authorizes the Secretary to enter into an agreement with the State of Washington providing for the administration by such State of the land within the boundary of the park known as Cape Disappointment State Park.
 
(Sec. 104) Requires the Secretary to: (1) administer the park in accordance with this title and with laws generally applicable to the NPS; and (2) prepare an amendment to the general management plan for Fort Clatsop National Memorial to guide management of the Park. Authorizes the Secretary to enter into cooperative management agreements with appropriate officials in Oregon and Washington with respect to the conduct of living exhibits and interpretive demonstrations.
 
(Sec. 105) Repeals specified law regarding the establishment and administration of Fort Clatsop National Memorial.
 
(Sec. 106) Prohibits anything in this title from being construed to: (1) require any private property owner to permit public access (including government access) to such private property; or (2) modify any provision of law concerning public access to or use of private lands.
 
States that 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.
 
Prohibits anything in this title from being construed to modify any authority to regulate the use of private land within the Park's boundaries.
 
(Sec. 107) Authorizes appropriations.
 

Title II: Lewis and Clark Eastern Legacy Study 
- (Sec. 201) Directs the Secretary to update the 1958 Lewis and Clark National Historic Landmark theme study of the eastern sites of the Corps of Discovery expedition used by Lewis and Clark in the preparation phase starting at Monticello, Virginia, and traveling 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, Pennsylvania, West Virginia, Ohio, Kentucky, Indiana, and Illinois. Requires the study's focus to be on developing historic context information to assist in the evaluation and identification of sites eligible for listing in the National Register of Historic Places or designation as a National Historic Landmark. Requires the Secretary to report to Congress on any findings, conclusions, and recommendations.
 
(Sec. 202) Authorizes appropriations.


Legislative actions:
action_date: 2004-10-30
text: Became Public Law No: 108-387.
action_date: 2004-10-30
text: Became Public Law No: 108-387.
action_date: 2004-10-30
text: Signed by President.
action_date: 2004-10-30
text: Signed by President.
action_date: 2004-10-21
text: Presented to President.
action_date: 2004-10-21
text: Presented to President.
action_date: 2004-10-12
text: Message on Senate action sent to the House.
action_date: 2004-10-10
text: Passed Senate without amendment by Unanimous Consent.
action_date: 2004-10-10
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
action_date: 2004-10-10
text: Senate Committee on Energy and Natural Resources discharged by Unanimous Consent. (consideration: CR S11183-11184)
action_date: 2004-10-10
text: Senate Committee on Energy and Natural Resources discharged by Unanimous Consent.(consideration: CR S11183-11184)
action_date: 2004-09-07
text: Read twice and referred to the Committee on Energy and Natural Resources.
action_date: 2004-07-20
text: Received in the Senate.
action_date: 2004-07-19
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-07-19
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text:  CR H5936-5937)
action_date: 2004-07-19
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text:  CR H5936-5937)
action_date: 2004-07-19
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3819.
action_date: 2004-07-19
text: Considered under suspension of the rules. (consideration:  CR H5936-5939)
action_date: 2004-07-19
text: Mr. Hayworth moved to suspend the rules and pass the bill, as amended.
action_date: 2004-06-25
text: Placed on the Union Calendar, Calendar No. 332.
action_date: 2004-06-25
text: Reported (Amended) by the Committee on Resources. H. Rept. 108-570.
action_date: 2004-06-25
text: Reported (Amended) by the Committee on Resources. H. Rept. 108-570.
action_date: 2004-05-05
text: Ordered to be Reported (Amended) by Unanimous Consent.
action_date: 2004-05-05
text: Committee Consideration and Mark-up Session Held.
action_date: 2004-04-22
text: Forwarded by Subcommittee to Full Committee by Unanimous Consent.
action_date: 2004-04-22
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2004-02-26
text: Executive Comment Requested from Interior.
action_date: 2004-02-26
text: Referred to the Subcommittee on National Parks, Recreation and Public Lands.
action_date: 2004-02-24
text: Referred to the House Committee on Resources.
action_date: 2004-02-24
text: Introduced in House
action_date: 2004-02-24
text: Introduced in House

Enacted as: number: 108-387