Lewis and Clark National Historical Park Designation Act
PL 108-387 (H.R.3819), enacted 10/30/2004

118 STAT. 2234
PUBLIC LAW 108–387—OCT. 30, 2004
Public Law 108–387
108th Congress
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 Representatives of
the United States of America in Congress assembled,
TITLE I—LEWIS AND CLARK NATIONAL
HISTORICAL PARK DESIGNATION ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Lewis and Clark National
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 benefit of the
people of the United States the historic, cultural, scenic, and natural
resources associated with the arrival of the Lewis and Clark Expedi-
tion in the lower Columbia 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 Continent,
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 gen-
erally depicted on the map entitled ‘‘Lewis and Clark National
Historical Park, Boundary Map’’, numbered 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;
16 USC
410kkk–1.
16 USC 410kkk.
16 USC 410kkk
note.
Lewis and Clark
National
Historical Park
Designation Act.
Oct. 30, 2004
[H.R. 3819]
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118 STAT. 2235
PUBLIC LAW 108–387—OCT. 30, 2004
(2) lands identified as ‘‘Fort Clatsop 2002 Addition Lands’’
on the map referred to in this subsection; 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 Pacific Ocean in 1805, which
are identified as ‘‘Station Camp’’, ‘‘Clark’s Dismal Nitch’’, and
‘‘Cape Disappointment’’ on the map referred to in this sub-
section.
(c) ACQUISITION OF LAND.—
(1) AUTHORIZATION.—The Secretary is authorized to acquire
land, interests in land, and improvements therein within the
boundaries of the park, as identified on the map referred to
in subsection (b), by donation, purchase with donated or appro-
priated 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 author-
ized 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 ADDITION 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 proceedings
or in lieu of condemnation proceedings, the Secretary shall
enter into a memorandum of understanding 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 (including with-
drawals), the Secretary shall transfer 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.
(2) WITHDRAWN LAND.—
(A) NOTICE.—The head of any Federal agency that
has administrative jurisdiction over withdrawn land at
Cape Disappointment, Washington, within the boundary
of the park shall notify the Secretary in writing if the
head of the Federal agency does not need the withdrawn
land.
(B) TRANSFER.—On receipt of a notice under subpara-
graph (A), the withdrawn land shall be transferred to the
administrative jurisdiction of the Secretary, to be adminis-
tered 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 referred to in subsection (b) are revoked, and
the Secretary shall establish a memorial to Thomas Jefferson
on the parcel.
(4) MANAGEMENT
OF
CAPE
DISAPPOINTMENT
STATE
PARK
LAND.—The Secretary may enter into an agreement with the
State of Washington providing for the administration by the
State of the land within the boundary of the park known
as ‘‘Cape Disappointment State Park’’.
Contracts.
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118 STAT. 2236
PUBLIC LAW 108–387—OCT. 30, 2004
(e) MAP AVAILABILITY.—The map referred to in subsection (b)
shall be on file and available for public inspection in the appropriate
offices of the National Park Service.
SEC. 104. ADMINISTRATION.
(a) IN GENERAL.—The park shall be administered by the Sec-
retary 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 Secretary shall prepare
an amendment to the General Management Plan for Fort Clatsop
National Memorial to guide the management of the park.
(c) COOPERATIVE MANAGEMENT.—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 the sites associated
with those experiences, the Secretary may enter into cooperative
management agreements with appropriate officials in the States
of Washington 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 establishment and administration
of Fort Clatsop National Memorial, 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 National Memorial’’ shall be consid-
ered 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 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.
(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.
16 USC
410kkk–5.
16 USC
410kkk–4.
16 USC
450mm—
450mm–3.
16 USC
410kkk–3.
Deadline.
16 USC
410kkk–2.
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118 STAT. 2237
PUBLIC LAW 108–387—OCT. 30, 2004
LEGISLATIVE HISTORY—H.R. 3819 (S. 2167):
HOUSE REPORTS: No. 108–570 (Comm. on Resources).
SENATE REPORTS: No. 108–322 accompanying S. 2167 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 19, considered and passed House.
Oct. 10, considered and passed Senate.
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 Interior 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
expedition used by Meriwether Lewis and William 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, Tennessee,
Indiana, and Illinois.
(2) FOCUS OF UPDATE; NOMINATION AND ADDITION OF PROP-
ERTIES.—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 Historic
Places or designation as a National Historic Landmark.
(b) REPORT.—Not later than 1 year after funds are made avail-
able for the study under this section, the Secretary 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.
Approved October 30, 2004.
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