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                                                       Calendar No. 130
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-66

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



 
              McLOUGHLIN HOUSE NATIONAL HISTORIC SITE ACT

                                _______
                                

                  June 9, 2003.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 733]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 733) to authorize the Secretary of the 
Interior to acquire the McLoughlin House National Historic Site 
in Oregon City, Oregon, and to administer the site as a unit of 
the National Park System, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and an amendment to the title and recommends that the 
Act, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

SECTION 1. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This act may be cited as the ``McLoughlin House 
Addition to Fort Vancouver National Historic Site Act.''
    (b) Definitions.--For the purposes of this Act, the following 
definitions apply:
          (1) City.--The term ``City'' means Oregon City, Oregon.
          (2) McLoughlin house.--The term ``McLoughlin House'' means 
        the McLoughlin House National Historic Site which is described 
        in the Acting Assistant Secretary of the Interior's Order of 
        June 27, 1941, and generally depicted on the map entitled 
        ``McLoughlin House, Fort Vancouver National Historic Site'', 
        numbered 389/92,002, and dated 5/01/03, and includes the 
        McLoughlin House, the Barclay House, and other associated real 
        property, improvements, and personal property.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 2. MCLOUGHLIN HOUSE ADDITION TO FORT VANCOUVER.

    (a) Acquisition.--The Secretary is authorized to acquire the 
McLoughlin House, from willing sellers only, by donation, purchase with 
donated or appropriated funds, or exchange, except that lands or 
interests in lands owned by the City may be acquired by donation only.
    (b) Map Availability.--The map identifying the McLoughlin House 
referred to in section 1(b)(2) shall be on file and available for 
inspection in the appropriate offices of the National Park Service, 
Department of the Interior.
    (c) Boundaries; Administration.--Upon acquisition of the McLoughlin 
House, the acquired property shall be included within the boundaries 
of, and be administered as part of, the Fort Vancouver National 
Historic Site in accordance with all applicable laws and regulations.
    (d) Name Change.--Upon acquisition of the McLoughlin House, the 
Secretary shall change the name of the site from the ``McLoughlin House 
National Historic Site'' to the ``McLoughlin House''.
    (e) Federal Laws.--After the McLoughlin House is acquired and added 
to Fort Vancouver National Historic Site, any reference in a law, map, 
regulation, document, paper, or other record of the United States to 
the ``McLoughlin House National Historic Site'' (other than this Act) 
shall be deemed a reference to the ``McLoughlin House'', a unit of Fort 
Vancouver National Historic Site.

    Amend the title so as to read, ``A bill to authorize the 
Secretary of the Interior to acquire the McLoughlin House in 
Oregon City, Oregon for inclusion in Fort Vancouver National 
Historic Site, and for other purposes.''.

                         PURPOSE OF THE MEASURE

    The purpose of H.R. 733 is to authorize the Secretary of 
the Interior to acquire the McLoughlin House National Historic 
Site in Oregon City, Oregon, and to administer the site as part 
of the unit of the National Park System known as the Fort 
Vancouver National Historic Site.

                          BACKGROUND AND NEED

    The McLoughlin House National Historic Site in Oregon City, 
Oregon was once home to Dr. John McLoughlin. Dr. McLoughlin was 
chief factor of the British Hudson's Bay Company based at Fort 
Vancouver on the Columbia River. He crossed the Rockies in 1824 
and established Fort Vancouver in 1825. Dr. McLoughlin supplied 
American pioneers with the goods they needed to settle and 
survive at their new home in Oregon. A fur trader, developer, 
doctor, and mayor, Dr. McLoughlin became known as the ``Father 
of Oregon'' and the McLoughlin House was restored to honor his 
life and accomplishments.
    The McLoughlin Memorial Association was formed in 1909. In 
1910, the Association opened the McLoughlin House as a museum. 
Since that time, the house has been visited by thousands of 
individuals each year. In 1941, Congress designated the 
McLoughlin House a National Historic Site and it continued to 
operate under the direction of the Association. When Fort 
Vancouver National Historic Site was established in 1948, the 
National Park Service (NPS) entered into a formal agreement 
with the Association to work cooperatively together.
    In 2000, the Association approached the NPS concerning the 
possibility of the agency assuming administration of the site. 
The Association lacks appropriate funds to maintain the 
historic houses and has asked that the NPS acquire the site and 
assume responsibility to ensure the future care of the Historic 
Site with the Association remaining active in an advisory 
capacity.

                          LEGISLATIVE HISTORY

    H.R. 733 was introduced in February 2, 2003 and passed the 
House of Representatives by voice vote on April 8, 2003. 
Companion legislation, S. 601, was introduced by Senators Smith 
and Wyden on March 12, 2003. The Subcommittee on National Parks 
held a hearing on H.R. 733 and S. 601 on May 13, 2003.
    At the business meeting on May 21, 2003, the Committee on 
Energy and Natural Resources ordered H.R. 733, as amended, 
favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 21, 2003, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 733, if amended 
as described herein.

                          COMMITTEE AMENDMENT

    During the consideration of H.R. 733, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
deletes congressional findings, and makes other clarifying and 
technical changes. The amendment is explained in the section-
by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 designates the title of the bill as the 
``McLoughlin House Addition to Fort Vancouver National Historic 
Site Act'' and defines terms used in section 2.
    Section 2 authorizes the Secretary of the Interior to 
acquire the McLoughlin House and contains necessary 
administrative authorities.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

H.R. 733--McLoughlin House Addition to Fort Vancouver National Historic 
        Site Act

    H.R. 733 would authorize the National Park Service (NPS) to 
acquire the McLoughlin House National Historic Site (NHS) in 
Oregon by purchase, donation, or exchange. The site, which 
consists of two historic houses, is currently owned and 
operated by a nonprofit organization. Upon acquisition, the 
site would be administered by the NPS as part of the Fort 
Vancouver National Historic Site.
    Based on information provided by the NPS and by the 
McLoughlin Memorial Association, CBO estimates that 
implementing H.R. 733 would cost about $3 million over the next 
five years, assuming appropriation of the necessary amounts. We 
estimate that about $500,000 of this amount would be used to 
purchase the two buildings during the next year or two, and 
that about $1 million would be spent to repair and restore them 
over the following few years. We estimate that the cost of 
operating the site as part of the Fort Vancouver NHS would be 
about $300,000 annually beginning in 2004 or 2005, also 
assuming appropriation of the necessary amounts. Finally, CBO 
estimates that an additional $2 million would be spent after 
2008 for further renovation and development. Enacting H.R. 773 
would not affect direct spending or revenues.
    This legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contacts for this estimate are Deborah Reis 
and Jenny Lin. 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 H.R. 733. 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 H.R. 733, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On May 12, 2003, 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 H.R. 733. These 
reports had not been received at the time the report on H.R. 
733 was filed. When the reports become available, the Chairman 
will request that they be printed in the Congressional Record 
for the advice of the Senate. The testimony provided by the 
National Park Service at the Subcommittee hearing follows:

    Statement of Sue Masica, Associate Director for Park Planning, 
    Facilities, and Lands, National Park Service, Department of the 
                                Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 601 and H.R. 733, 
similar bills that would authorize the Secretary of the 
Interior to acquire the McLoughlin House National Historic Site 
in Oregon City, Oregon, for inclusion in the Fort Vancouver 
National Historic Site in the state of Washington. H.R. 733 
passed the House on April 8, 2003.
    The Department supports both S. 601 and H.R. 733, if 
amended in accordance with this statement. We believe that the 
McLoughlin House National Historic Site, which is currently an 
affiliated area of the National Park System, would be an 
appropriate addition to Fort Vancouver National Historic Site, 
but we think that the legislation should be clarified with 
respect to the name change that would need to be made to the 
McLoughlin House if it is acquired by the National Park 
Service.
    The McLoughlin House is located in Oregon City, Oregon, 
southeast of Portland, along the dramatic Willamette River 
Falls. It was the home Dr. John McLoughlin built and lived in 
from 1847, after his retirement from the Hudson's Bay Company's 
operations at Fort Vancouver, until his death in 1857.
    John McLoughlin is one of Oregon's most revered historical 
figures. Known as the ``Father of Oregon,'' he played a major 
role in the transformation of Oregon Country from British-
controlled fur-trapping territory to United States-controlled 
agricultural settlement lands in the early to mid 19th Century. 
Born in Quebec, McLoughlin moved west, became involved in the 
fur trade, and came to preside over the vast territory claimed 
by Hudson's Bay Company and its operations headquartered at 
Fort Vancouver, in what would become the state of Washington. 
McLoughlin served as Chief Factor of Fort Vancouver from 1825 
until 1845, and under his leadership the fort became the center 
of political, cultural, and commercial activities in the 
Pacific Northwest. He was instrumental in maintaining peace 
between Great Britain, which claimed the territory, and the 
settlers who came to Oregon Country from the United States, and 
the Native American tribes in the region.
    As the fur trade declined and American settlers began 
arriving to settle in Oregon Country in large numbers, 
McLoughlin turned his attention to providing aid and supplies 
to them. These migrants had reached the end of their arduous 
journeys along the Oregon Trail, and many were sick, starving 
and ill-equipped to begin a new life. He aided them despite the 
Hudson's Bay Company's policy of discouraging agricultural 
settlement in the region.
    When McLoughlin retired from the Hudson's Bay Company in 
1845, he bought land he had claimed for the company across the 
Columbia River, in Oregon City, which was beginning to emerge 
as a center of industry and commerce. He built an elegant home 
where he and his wife Marguerite continued to help new settlers 
in need. Because of McLoughlin's generosity, his house became 
know as the ``house of many beds.'' After becoming a U.S. 
citizen in 1851, McLoughlin became Mayor of Oregon City and 
increased his acts of philanthropy throughout the region.
    The McLoughlin House has retained its historic integrity as 
one of the earliest examples of its architectural style in the 
Pacific Northwest. It was moved from its original location 
elsewhere in Oregon City nearly a century ago because of 
industrial encroachment and now sits on land McLoughlin donated 
to Oregon City. The McLoughlin House National Historic Site, 
which also includes the home of Dr. Forbes Barclay, an 
associate of McLoughlin's, serves as a focal point for 
education and tourism in the Portland area and is used to teach 
students about the early European settlement of the Pacific 
Northwest. The site continues the story that begins at Fort 
Vancouver of the settling of Oregon Country facilitated by John 
McLoughlin.
    The McLoughlin House was designated a national historic 
site in 1941 by the Department of the Interior, making it the 
first such site in the western United States. That same year, 
the Department entered into a cooperative agreement with the 
McLoughlin Memorial Association, which had owned and managed 
the site since 1909, for operation of the home. In 1966, the 
responsibility for providing assistance to the site was 
delegated to Fort Vancouver National Historic Site. The house 
and grounds maintenance, as well as curatorial assistance, at 
the McLoughlin House is currently provided by staff at Fort 
Vancouver.
    Although we are unaware of any formal action that 
designated the McLoughlin House an affiliated area of the 
National Park System, the National Park Service has considered 
this site one of its affiliated areas for many years because of 
the 1941 designation and cooperative agreement. Affiliated 
areas are significant properties that are neither federally 
owned nor directly administered by the National Park Service 
but which receive technical or financial aid from the National 
Park Service. Some have been designated as affiliated areas by 
Congress; others, like the McLoughlin House, have been 
designated national historic sites by the Secretary of the 
Interior under the authority of the Historic Sites Act of 1935.
    As part of the General Management Plan revision for Fort 
Vancouver National Historic Site, the National Park Service 
studied the possibility of adding the McLoughlin House National 
Historic Site to Fort Vancouver and found that because of the 
strong thematic connection to the fort and the feasibility of 
managing this unit, it would be an appropriate addition. There 
is broad support for this action. The proposal to add the 
McLoughlin House to Fort Vancouver National Historic Site was 
generated during public scoping meetings on the General 
Management Plan held in Oregon City. Support is also evident 
from the comments the National Park Service received earlier 
this year during the public comment period on the Draft General 
Management Plan and Environmental Impact Statement. We expect 
to finalize the revised General Management Plan by the end of 
this year.
    If S. 601 or H.R. 733 is enacted and funds are made 
available for acquisition of the McLoughlin House, the National 
Park Service would acquire the site and the contents of the 
McLoughlin House and Barclay House. The estimated acquisition 
cost of the historic site real property is $445,000. The 
furnishings and artifacts from the two houses, estimated to be 
worth more than $200,000, would be donated to the National Park 
Service by the McLoughlin Historical Association. Oregon City, 
which owns the land used for the McLoughlin House site, would 
donate a permanent easement to the National Park Service in 
order to provide the Service with the access needed for the 
management, protection, and public use of the site. A proposal 
for this donation, incidentally, was approved through a 2001 
referendum supported by more than 80 percent of the Oregon City 
voters. We estimate that operation and maintenance of the site 
would add $285,000 to Fort Vancouver's approximately $1 million 
annual operation and maintenance costs, an increase of about 28 
percent.
    The McLoughlin Memorial Association would continue to play 
an important role at the McLoughlin House site. The Association 
plans to use most of the proceeds from the sale of the house, 
not including a small portion needed to pay off debt, to 
establish an endowment fund to assist in the long-term 
preservation of the site and development of educational 
programs throughout the Portland/Vancouver region. The 
Association also plans to pursue private-sector support for 
educational programming, site preservation, and other 
activities to support the site.
    While we support the intent of both bills, we recommend 
amending the legislation to ensure that once the McLoughlin 
House National Historic Site is added to Fort Vancouver 
National Historic Site, the McLoughlin House no longer has 
``national historic site'' in its title. We are concerned that 
without a clarification in the language, we would be creating a 
national historic site within a national historic site. Along 
with the clarifying language, we would like the legislation to 
reference a revised map for the McLoughlin House. We would be 
pleased to work with the committee to amend the bill's 
language.
    Mr. Chairman, that concludes my testimony. I would be glad 
to answer any questions that you may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 733, as 
ordered reported.