[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session] [From the U.S. Government Publishing Office, www.gpo.gov] 118 STAT. 2234 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. NOTE: Oct. 30, 2004 - [H.R. 3819] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE NOTE: Lewis and Clark National Historical Park Designation Act. I--LEWIS AND CLARK NATIONAL HISTORICAL PARK DESIGNATION ACT SEC. 101. SHORT TITLE. NOTE: 16 USC 410kkk note. This title may be cited as the ``Lewis and Clark National Historical Park Designation Act''. SEC. 102. DEFINITIONS. NOTE: 16 USC 410kkk. 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. NOTE: 16 USC 410kkk-1. (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 Expedition 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 following 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 generally 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; [[Page 2235]] 118 STAT. 2235 (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 subsection. (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 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) NOTE: Contracts. 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 withdrawals), 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 subparagraph (A), the withdrawn land shall be transferred to the administrative jurisdiction 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 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''. [[Page 2236]] 118 STAT. 2236 (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. NOTE: 16 USC 410kkk-2. (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) NOTE: Deadline. 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 provided 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.), NOTE: 16 USC 450mm--450mm-3. 16 USC 410kkk-3. 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 considered a reference to the ``Lewis and Clark National Historical Park''. SEC. 106. PRIVATE PROPERTY PROTECTION. NOTE: 16 USC 410kkk-4. (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. NOTE: 16 USC 410kkk-5. There are authorized to be appropriated such sums as may be necessary to carry out this title. [[Page 2237]] 118 STAT. 2237 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 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 Historic 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 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. 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.