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                                                       Calendar No. 678
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-322

======================================================================



 
          LEWIS AND CLARK NATIONAL HISTORICAL PARK ACT OF 2004

                                _______
                                

                August 25, 2004.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 22, 2004

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2167]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2167) to establish the Lewis and Clark 
National Historical Park in the States of Washington and 
Oregon, and for other purposes, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill, as amended, do pass.
    The amendments are as follows:
    On page 3, strike line 24 and insert the following: (C) 
``Cape disappointment''.
    On page 5, strike lines 7 through 18 and insert the 
following:

          (5) Cape disappointment.--
                  (A) Transfer.--
                          (i) In general.--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.
                          (ii) Withdrawn land.--
                                  (I) 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                                over withdrawn land at Cape 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.
                                  (II) Transfer.--On receipt of 
                                a notice under subclause (I), 
                                the withdrawn land shall be 
                                transferred to the 
                                administrative jurisdiction of 
                                the Secretary, to be 
                                administered as part of the 
                                Park.
                  (B) Memorial to thomas jefferson.--
                          (i) In general.--All withdrawals of 
                        the 20-acre parcel depicted on the map 
                        as ``Memorial to Thomas Jefferson'' are 
                        revoked.
                          (ii) Establishment.--The Secretary 
                        shall establish a memorial to Thomas 
                        Jefferson on the parcel referred to in 
                        clause (i).
                  (C) 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''.

                         Purpose of the Measure

    The purpose of S. 2167 is to establish the Lewis and Clark 
National Historical Park in the States of Washington and 
Oregon.

                          Background and Need

    In the summer of 1803, President Thomas Jefferson 
commissioned Meriwether Lewis and William Clark ``to explore 
the Missouri River, and such principal streams of it by its 
course and communication with the waters of the Pacific Ocean'' 
in the hope of finding ``the most direct and practicable water 
across the continent, for the purpose of commerce.'' Lewis and 
Clark and their ``Corps of Volunteers for Northwestern 
Discovery'' embarked on this mission on May 14, 1804. The 
Expedition followed the Missouri River from its confluence with 
the Mississippi to the Rocky Mountains, then crossed the 
Continental Divide, and traveled down the Clearwater, Snake, 
and Columbia Rivers to the Pacific Ocean.
    After an epic journey lasting 18 months and traversing over 
four thousand miles, the Corps arrived at ``Clark's Dismal 
Nitch,'' on the north shore of the Columbia River, near the 
present-day Megler Safety Rest Area, in southwestern 
Washington, on November 10, 1805. Believing themselves to be 
``in view of the ocean,'' they were, in fact, several miles 
short of their goal. They remained trapped there for six days, 
pinned against the shoreline by a fierce storm. Waves broke 
``with great fury against the rocks'' on which they sheltered, 
and the wind drove uprooted trees into the camp. For the only 
time during the entire Expedition, Clark described their 
situation as ``dangerous.''
    On November 15, 1805, when the weather lifted, the Corps 
proceeded three miles west, around Point Ellice, to a sandy 
beach, which they named Station Camp. From here, they were at 
last able to see the Pacific Ocean and declare ``the end of our 
voyage.'' They remained at Station Camp for ten days, making it 
one of the longest stops on the Expedition.
    While based at Station Camp, Lewis and Clark led separate 
excursions across Cape Disappointment, which is now Fort Canby 
State Park, in the hope of sighting a trading ship. During his 
excursion, on the morning of November 19, 1805, William Clark 
reached the sandy shore of Long Beach Peninsula. It was the 
westernmost point of the entire Expedition.
    Back at Station Camp, on November 24, 1805, Lewis and Clark 
polled the members of the Corps on where they wanted to camp 
for the winter. Significantly, both Sacagawea, a Native 
American woman, and York, an African American slave, voted with 
the other members of the Corps.
    Pursuant to the vote on November 25, the Corps left Station 
Camp and, the following day, crossed the Columbia River to the 
Oregon shore. After camping for a week and a half near the site 
of the present-day Astoria, Oregon, the Corps settled on a 
small bluff about a mile from the mouth of what is now called 
the Lewis and Clark River. They named the place Fort Clatsop 
after the Native American tribe that inhabited the area and 
traded with them. The Corps remained at Fort Clatsop until they 
began their return journey on March 23, 1806.
    In 1958, Congress enacted Public Law 85-435, making the 
site of Fort Clatsop a national memorial, ``commemorating the 
culmination, and the winter encampment, of the Lewis and Clark 
Expedition.'' In 1995, the National Park Service recommended 
expansion of the Fort Clatsop National Memorial to include the 
trail used by the members of the Expedition to reach the 
Pacific Ocean from Fort Clatsop. In response to this 
recommendation, Congress enacted the Fort Clatsop National 
Memorial Expansion Act of 2002, Public Law 107-221. The 
Expansion Act authorized the Park Service to acquire the trail, 
shore, and forest lands surrounding the fort. In addition to 
authorizing these acquisitions in Oregon, the Act also directed 
the Secretary of the Interior to study the Dismal Nitch, 
Station Camp, and Cape Disappointment sites in Washington to 
determine their suitability, feasibility, and national 
significance for inclusion in the National Park System.
    In response to this directive, the National Park Service 
submitted a boundary study on the sites in September 2003. The 
Park Service concluded that all three sites ``possess 
nationally significant resources relating to the Lewis and 
Clark story,'' and found them ``suitable and feasible to 
include within Fort Clatsop National Memorial.'' The study 
concluded that the three sites ``provide a unique opportunity 
to highlight the historic culmination of the Corps of 
Discovery's expedition across the continent to the Pacific 
Ocean.''
    S. 2167 implements the recommendations of the boundary 
study. It establishes the Lewis and Clark National Historical 
Park as a unit of the National Park System, consisting of the 
original Fort Clatsop National Memorial, the additional parcels 
in Oregon authorized by 2002 Expansion Act, and the three new 
sites in Washington. It also authorizes the Park Service to 
acquire land and improvements within the Park's boundaries.
    According to the testimony of the Park Service, 
approximately 30 acres of the Dismal Nitch site will be donated 
by the State of Washington, and up to 160 acres may be acquired 
in fee or easement from a willing seller; about 15 acres of the 
Station Camp site will be donated by the State of Washington, 
and 455 acres may be acquired in easement form a willing 
seller; and administrative jurisdiction of the 1,140 acres of 
the Cape Disappointment site, which is already owned by the 
Federal Government, will be transferred to the National Park 
Service. Twenty acres of the Cape Disappointment site will be 
managed by the Park Service as a memorial to Thomas Jefferson, 
and the remainder will continue to be operated as a State park.

                          Legislative History

    S. 2167 was introduced by Senators Cantwell, Murray, Wyden 
and Smith on March 4, 2004, with cosponsors Senators Murray, 
Smith and Wyden. The Subcommittee on National Parks held a 
hearing on S. 2167 on May 20, 2004. The Committee on Energy and 
National Resources ordered S. 2167, as amended, favorably 
reported on July 14, 2004.
    A similar bill, H.R. 3819, was introduced in the House of 
Representatives by Representative Baird on February 24, 2004. 
H.R. 3819, was amended, was favorably reported by the House 
Committee on Resources on May 5, 2004 and passed the House of 
Representatives on July 19, 2004.

                        Committee Recommendation

    The Committee on Energy and National Resources, in an open 
business session on July 14, 2004, by a voice vote of a quorum 
present, recommends that the Senate pass S. 2167, if amended as 
described herein.

                          Committee Amendment

    During its consideration of S. 2167, the Committee adopted 
amendments to address the disposition of land at Cape 
Disappointment, including the establishment of a Thomas 
Jefferson Memorial. The amendment also authorizes the Secretary 
of the Interior to enter into an agreement with the State of 
Washington to allow the State to continue to administer the 
Cape Disappointment site.

                      Section-by-Section Analysis

    Section 1 entitles this Act the ``Lewis and Clark National 
Historic Park Act of 2004.''
    Section 2 describes the purposes of the Act and is self 
explanatory.
    Section 3 defines terms used in the Act.
    Section 4(a) establishes the Lewis and Clark National 
Historical Park as a unit of the National Park System.
    Subsection (b) describes the land components to be included 
in the Park, including specific locations and map references.
    Subsection (c) requires that the map of lands described in 
subsection (b) be made available for public inspection at 
appropriate National Park Service offices.
    Subsection (d)(1) authorizes the Secretary of the Interior 
(Secretary) to acquire land and any improvements to land 
located within the boundary of the park only with the consent 
of the owner. An exception is made for corporately-owned 
timberland, which could be acquired without the consent of the 
owner.
    Paragraph (4) authorizes the Secretary to enter into a 
memorandum of understanding with the owner of the timberland 
described in paragraph (2)(b) with respect to the manner in 
which the land is to be managed after acquisition by the 
Secretary.
    Paragraph (5)(A) requires that subject to valid rights, 
within the Park boundary, any land at Cape Disappointment, 
Washington, that is under the jurisdiction of another Federal 
Agency be transferred to the Secretary. The Secretary must be 
notified in writing by the head of the Federal Agency having 
jurisdiction over the withdrawn land if the land is not needed. 
When such a notice is received by the Secretary the withdrawn 
land may be transferred to the administrative jurisdiction of 
the Secretary.
    Subsection (B) revokes the order withdrawing the 20 acre 
parcel referenced in section (3)(1) as the ``Memorial to Thomas 
Jefferson''. The Secretary is directed to establish the 
memorial on the land referred to in paragraph 5(A).
    Paragraph (c) authorizes the Secretary to enter into an 
agreement with the State of Washington that allows the land 
within the park boundary known as Cape Disappointment State 
Park to be administered by the State.
    Section 5(a) requires the Secretary to administer the park 
in accordance with this law and others applicable to units of 
the National Park System.
    Subsection (b) requires the Secretary to amend the general 
management plan for the Memorial to address the management of 
the park, within 3 years after funds are made available to 
carry out this Act.
    Subsection (c) authorizes the Secretary to enter into 
cooperative management agreements with the States of Washington 
and Oregon to facilitate efficient management of sites 
associated with the park and to facilitate a consistent and 
comprehensive interpretive message.
    Section 6 repeals Public Law 85-435 (72 Stat. 153; 16 
U.S.C. 450mm et seq.) and requires that any printed reference 
to Fort Clatsop National Memorial is to be considered a 
reference to the Lewis and Clark National Historical Park.
    Section 7 authorizes to be appropriated such sums as are 
necessary to carry out this Act.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 2167--Lewis and Clark National Historical Park Act of 2004

    S. 2167 would redesignate the Fort Clatsop National 
Memorial in Oregon as the Lewis and Clark National Historical 
Park and expand its boundaries to include three sites in the 
state of Washington. The bill would authorize the National Park 
Service (NPS) to acquire real property within the boundaries of 
the historical park by purchase, donation, exchange, or 
transfer. Under the bill, the NPS (after receiving funding) 
would have three years to develop a general management plan for 
the new historical park. Finally, the bill would authorize the 
appropriation of whatever amounts are necessary for these 
purposes.
    Based on information provided by the NPS and assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing S. 2167 would cost the federal government $7.2 
million over the next four years. Of this amount, we estimate 
that the NPS would use $2 million in 2006 to purchase land (or 
other property interests such as easements) in Washington. The 
NPS would need an estimated $4 million over the following two 
years to develop new interpretive and visitor facilities on 
that property and on lands to be donated by the state or 
transferred by other federal agencies. We expect that spending 
of the remaining $1.2 million would be spread over the 2005-
2008 period to revise or develop planning documents and manage 
newly acquired areas. Finally, CBO estimates that managing the 
new sites would increase annual park operating and maintenance 
costs by $400,000 a year beginning in 2009, also assuming the 
availability of appropriated funds. Enacting this legislation 
would have no effect on federal revenues or direct spending.
    S. 2167 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no significant costs on state, local, or tribal 
governments.
    On June 17, 2004, CBO transmitted a cost estimate for H.R. 
3819, the Lewis and Clark National Historical Park Designation 
Act, as ordered reported by the House Committee on Resources on 
May 5, 2004. The two versions of the legislation are very 
similar, but the Senate version does not contain the study of 
eastern sites associated with the Lewis and Clark expedition 
included in H.R. 3819. The CBO cost estimate for S. 2167 is 
lower than that for the House version by $250,000, reflecting 
this difference.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2167.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2167.

                        Executive Communications

    On March 30, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 2167. These 
reports had not been received when this report was filed. The 
testimony provided by the Department of the Interior at the 
Subcommittee hearing on S. 2167 follows:

    Statement of Paul Hoffman, Deputy Assistant Secretary, Fish and 
          Wildlife and Parks, U.S. Department of the Interior

    Mr. Chairman, we appreciate the opportunity to appear 
before you today on S. 2167, to establish the Lewis and Clark 
National Historic Park in the States of Washington and Oregon.
    The Department supports enactment of S. 2167. This bill, 
which would expand Fort Clatsop National Memorial to include 
sites in the state of Washington as well as Oregon and rename 
the unit the Lewis and Clark National Historical Park, is an 
Administrative initiative, submitted to Congress in February of 
this year. S. 2167 would facilitate a promising partnership 
between the National Park Service and the two states for 
coordinating management and interpretation of all the federal 
and state sites related to the Lewis and Clark Expedition in 
the lower Columbia River region. We urge the committee to move 
this legislation as quickly as possible in order to increase 
the likelihood of its enactment before the start of the Lewis 
and Clark Expedition 200th Anniversary events in Washington and 
Oregon, which are scheduled to begin in the summer of 2005.
    S. 2167 would implement the recommendations that resulted 
from the Fort Clatsop National Memorial boundary expansion 
study the National Park Service conducted of three sites along 
the lower Columbia River in the State of Washington that are 
important to the story of the Lewis and Clark Expedition. The 
study found that the three sites are nationally significant, 
and that they are suitable and feasible for addition to Fort 
Clatsop National Memorial. It recommended that two of the sites 
and part of the third site be added to Fort Clatsop. It also 
called for changing the name of Fort Clatsop to the ``Lewis and 
Clark National Historic Park,'' to reflect not only the 
addition of the Washington sites, but also the fact that the 
Fort Clatsop National Memorial now includes a much larger area 
in Oregon than just the site where Fort Clatsop stood. The 
study further recommended that the National Park Service enter 
into partnership with the states of Oregon and Washington to 
coordinate management and interpretation at all of the federal 
and state sites in the area related to the Lewis and Clark 
Expedition, both for management efficiencies and to provide a 
more cohesive presentation to the public of the Expedition's 
experiences upon their arrival and encampment on the Pacific 
coast.
    For the three Washington sites, the cost to the federal 
government for land acquisition is estimated to range from $1.5 
million to $2.3 million, and for development, between $2.1 
million and $4 million. Annual operating costs are estimated at 
about $127,000.
    Fort Clatsop National Memorial, near Astoria, Oregon, was 
established to commemorate the 1805-1806 winter encampment of 
the Lewis and Clark Expedition. The original site consists of a 
replica of the fort that was constructed through the efforts of 
the Junior Chamber of Commerce, Oregon and Clatsop County 
Historical Societies, Crown-Zellerbach, other civic 
organizations and many individual volunteers. The donation of 
the reconstructed fort and acres of surrounding land in 1958 
allowed the establishment of the memorial. Public Law 107-221, 
the Fort Clatsop National Memorial Expansion Act of 2002, 
expanded the memorial from 125 acres to up to 1,500 acres of 
land adjacent to the site. These lands are a priority for 
acquisition in the Administration's budget request for Fiscal 
Year 2005. The expansion also provides for a five-mile Fort To 
Sea Trail, which will enable park visitors to walk from Fort 
Clatsop to Sunset Beach. Like the original park, the trail is 
being designed and will be constructed largely through donated 
resources and volunteer labor.
    In addition to the expansion of Fort Clatsop, Public Law 
107-221 also authorized the boundary study of three sites in 
Washington that became the basis for S. 2167. These sites are 
Clark's Dismal Nitch, Station Camp, and Cape Disappointment. 
They would form the Washington state part of the new Lewis and 
Clark National Historical Park.
    Clark's Dismal Nitch is the place where the Expedition 
nearly foundered as they were pinned against the cliffs by a 
fierce Pacific storm, just a few short miles from the mouth of 
the Columbia River. Approximately 30 acres would be donated by 
the State of Washington, and up to 160 acres would be acquired 
in fee or easement from a willing seller.
    Station Camp is the site where the Lewis and Clark 
Expedition finally reached the mouth of the Columbia River. It 
was at that location that Captain William Clark completed the 
most detailed survey of the entire journey, and the members of 
the Expedition launched reconnaissance trips north along what 
is now known as the Long Beach Peninsula in Washington. It is 
also the site where the members of the Expedition, including 
Clark's slave York and the young Shoshone Indian woman 
Sacagawea, voted to decide where the spend the winter. As a 
result of the vote, the Expedition crossed over the Columbia 
River and built what we now know as Fort Clatsop. Washington 
State is currently investing approximately $6.5 million in 
realigning a highway and creating a riverside park at Station 
Camp that will be dedicated to commemorating this part of the 
Lewis and Clark story. If S. 2167 is enacted, the state would 
donate the key portion of the site, about 15 acres, along with 
the new improvements to the National Park Service. About 455 
acres would be acquired in easement from a willing seller to 
protect the scenic backdrop.
    Cape Disappointment was the furthest point west the 
Expedition explored. It was there that the members of the 
Expedition first saw a full view of the Pacific Ocean. Land at 
Cape Disappointment is owned by the Federal government and 
managed as a state park. Under S. 2167, the National Park 
Service could be given administrative jurisdiction over 1,140 
acres of Federal land at Cape Disappointment and, in that case, 
would enter into a cooperative management agreement with the 
state of Washington to allow that land to continue to be 
operated as a state park. Twenty acres within the state park 
would be managed by the National Park Service as a memorial to 
Thomas Jefferson to commemorate his vision of a country ``from 
sea to shinning sea'' and how the Lewis and Clark Expedition 
helped to achieve this vision.
    The language in Section 4(d)(5) of the bill that pertains 
to the disposition of Cape Disappointment, as described above, 
needs amending to facilitate the transfer in a timely manner 
and to ensure that the intent of that provision is clear. We 
would be happy to work with the committee to develop an 
amendment for that purpose.
    The boundary study was undertaken in partnership with the 
Washington State Historical Society, the Washington State Park 
and Recreation Department, and the Oregon State Park and 
Recreation Department. Through this collaboration, the study 
team determined that nationally significant sites associated 
with the Lewis and Clark story are also under the management of 
the both Washington and Oregon Parks and Recreation 
Departments. These sites are found within Cape Disappointment 
State Park and Fort Columbia in Washington, and Fort Stevens 
State Park and Ecola State Parks in Oregon.
    As a result, the study called for the National Park Service 
to enter into cooperative management agreements with both 
states to operate the National Park Service units in close 
collaboration with these state park units, and S. 2167 
specifically provides the authority for that purpose. 
Collectively, the parks would be identified as the ``Lewis and 
Clark National and State Historical Parks.'' This would be a 
similar arrangement to the one at Redwood National Park, where 
the federal and state park agencies share resources under a 
cooperative management agreement and identify the parks for 
public information purposes as ``Redwood National and State 
Parks.''
    Mr. Chairman, in summary, S. 2167 offers an exciting and 
timely opportunity to expand the American public's appreciation 
of the great achievements of the Lewis and Clark Expedition, 
and to do so through a very promising partnership with two 
states that are extremely supportive of this effort. That 
concludes my statement. I will be happy to answer any questions 
you or other members of the subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 2167, as ordered reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                           Public Law 85-435


   AN ACT To provide for the establishment of Fort Clatsop National 
        Memorial in 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, That, 
for the purpose of commemorating the culmination, and the 
winter encampment, of the Lewis and Clark Expedition following 
its successful crossing of the North American Continent, there 
is hereby authorized to be established, in the manner provided 
herein, Fort Clatsop National Memorial.
    [Sec. 2. The Secretary of the Interior shall designate for 
inclusion in Fort Clatsop National Memorial land and 
improvements thereon located in Clatsop County, Oregon, which 
are associated with the winter encampment of the Lewis and 
Clark Expedition, known as Fort Clatsop, and, also, adjacent 
portions of the old trail which led overland from the fort to 
the coast: Provided, That the total area so designated shall 
contain no more than one hundred and twenty-five acres.
    [Sec. 3. Within the area designated pursuant to section 2, 
the Secretary of the Interior is authorized to acquire land and 
interests in land by purchase, donation, with donated funds, or 
by such other means as he deems to be in the public interest.
    [Sec. 4. Establishment of Fort Clatsop National Memorial 
shall be effected when there is vested in the United States of 
America title to not less than one hundred acres of land 
associated with the historical events to be commemorated. 
Following its establishment, Fort Clatsop National Memorial 
shall be administered by the Secretary of the Interior pursuant 
to the Act of August 25, 1916 (39 Stat. 535), as amended.]
    Approved May 29, 1958.

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