[House Report 107-456]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-456
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FORT CLATSOP NATIONAL MEMORIAL EXPANSION ACT OF 2002
_______
May 14, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2643]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2643) to authorize the acquisition of additional lands
for inclusion in the Fort Clatsop National Memorial in the
State of Oregon, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Clatsop National Memorial
Expansion Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Fort Clatsop National Memorial is the only unit of the
National Park System solely dedicated to the Lewis and Clark
Expedition.
(2) In 1805, the members of the Lewis and Clark Expedition
built Fort Clatsop at the mouth of the Columbia River near
Astoria, Oregon, and they spent 106 days at the fort waiting
for the end of winter and preparing for their journey home.
(3) In 1958, Congress enacted Public Law 85-435 authorizing
the establishment of Fort Clatsop National Memorial 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.
(4) The 1995 General Management Plan for Fort Clatsop
National Memorial, prepared with input from the local
community, recommends the expansion of the memorial to include
the trail used by expedition members to access the Pacific
Ocean from the fort and the shore and forest lands surrounding
the fort and trail to protect their natural settings.
(5) Expansion of Fort Clatsop National Memorial requires
Federal legislation because the size of the memorial is
currently limited by statute to 130 acres.
(6) Congressional action to allow for the expansion of Fort
Clatsop National Memorial to include the trail to the Pacific
Ocean would be timely and appropriate before the start of the
bicentennial celebration of the Lewis and Clark Expedition
planned to take place during the years 2004 through 2006.
SEC. 3. EXPANSION OF FORT CLATSOP NATIONAL MEMORIAL, OREGON.
(a) Revised Boundaries.--Section 2 of Public Law 85-435 (16 U.S.C.
450mm-1) is amended--
(1) by inserting ``(a) Initial Designation of Lands.--''
before ``The Secretary'';
(2) by striking ``coast:'' and all that follows through the
end of the sentence and inserting ``coast.''; and
(3) by adding at the end the following new subsections:
``(b) Authorized Expansion.--The Fort Clatsop National Memorial shall
also include the lands depicted on the map entitled `Fort Clatsop
Boundary Map', numbered `405-80026C-CCO', and dated June 1996.
``(c) Maximum Designated Area.--The total area designated as the Fort
Clatsop National Memorial shall not exceed 1,500 acres.''.
(b) Authorized Acquisition Methods.--Section 3 of Public Law 85-435
(16 U.S.C. 450mm-2) is amended--
(1) by inserting ``(a) Acquisition Methods.--'' before
``Within''; and
(2) by adding at the end the following new subsection:
``(b) Limitation.--The lands (other than corporately owned
timberlands) depicted on the map referred to in section 2(b) may be
acquired by the Secretary of the Interior only by donation or purchase
from willing sellers.''.
(c) Memorandum of Understanding.--Section 4 of Public Law 85-435 (16
U.S.C. 450mm-3) is amended--
(1) by striking ``Establishment'' and all that follows
through ``its establishment,'' and inserting ``(a)
Administration.--''; and
(2) by adding at the end the following new subsection:
``(b) Memorandum of Understanding.--If the owner of corporately owned
timberlands depicted on the map referred to in section 2(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 of
the Interior shall enter into a memorandum of understanding with the
owner regarding the manner in which such lands will be managed after
acquisition by the United States.''.
SEC. 4. STUDY OF STATION CAMP SITE AND OTHER AREAS FOR POSSIBLE
INCLUSION IN NATIONAL MEMORIAL.
The Secretary of the Interior shall conduct a study of the area near
McGowan, Washington, where the Lewis and Clark Expedition first camped
after reaching the Pacific Ocean and known as the ``Station Camp''
site, as well as the Megler Rest Area and Fort Canby State Park, to
determine the suitability, feasibility, and national significance of
these sites for inclusion in the National Park System. The study shall
be conducted in accordance with section 8 of Public Law 91-383 (16
U.S.C. 1a-5).
Purpose of the Bill
The purpose of H.R. 2643 is to authorize the acquisition of
additional lands for inclusion in the Fort Clatsop National
Memorial in the State of Oregon, and for other purposes.
Background and Need for Legislation
From December 7, 1805, to March 23, 1806, the members of
the Lewis and Clark expedition were encamped at Fort Clatsop
following their journey from the Mississippi River to the
Pacific Ocean. President Thomas Jefferson had directed Captain
Meriwether Lewis and Captain William Clark to explore the
Missouri River to its source, find the most direct route to the
Pacific Ocean, to make scientific and geographic observations,
and to learn more of the Indian tribes they would encounter.
The expedition resulted in an awakening of interest in the
newly acquired territory in America's west. Following their
journey from St. Louis, which included approximately 600 miles
of river travel along what are today known as the Snake and
Columbia Rivers, Lewis and Clark caught view of the Pacific
Ocean in November 1805 not far from present day McGowan,
Washington. They established a winter camp on the opposite side
of the river which they would name for the friendly local
Indian tribe, the Clatsops. There they would spend three months
before beginning their return trip east.
Fort Clatsop National Memorial, the only unit of the
National Park System solely dedicated to the Lewis and Clark
expedition, commemorates the camp where the Corps of Discovery
spent the winter of 1805-1806. With the bicentennial of the
historic journey approaching, it is expected that there will be
a major influx of additional visitors, particularly during the
bicentennial years of 2003 through 2006.
In 1995, the General Management Plan for the Fort Clatsop
Memorial identified the need to establish a trail linkage
between Fort Clatsop and the Pacific Ocean, while also
protecting the scenic and natural resources that frame the park
setting. The extension of the Memorial's boundaries would
achieve these objectives. Also contained in the bill is the
authorization of a suitability and feasibility study for the
possible inclusion of Station Camp, Megler Rest Area, and Fort
Canby State Park, all sites associated with the expedition, as
units of the National Park System. Each of these sites are
located across the river from Fort Clatsop in the State of
Washington.
Committee Action
H.R. 2643 was introduced on July 25, 2001, by Congressman
David Wu (D-OR). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation, and Public Lands. On February 7,
2002, the Subcommittee held a hearing on the bill. On April 18,
2002, the Subcommittee met to mark up the bill. Congressman
George Radanovich (R-CA) offered an amendment in the nature of
a substitute to do the following: at the suggestion of the
National Park Service, remove language in the findings that
would prejudge the suitability and feasibility of the
Washington sites that are to be studied for possible inclusion
in the National Park System; strike language that would have
designated an area within the park as an undeveloped visual
buffer zone between the trail and lands outside the park; and
add language that would direct the Secretary of the Interior to
enter into a Memorandum of Understanding with the owner of
adjacent corporate-owned timberlands regarding how the land
will be managed after acquisition, should the landowner choose
to sell as a result of actual condemnation proceedings or in
lieu of condemnation proceedings. It is expected by the
Committee that friendly condemnation proceedings may be used as
a means to resolve some issues where title to the adjacent
lands may be unclear. Finally, the amendment changed the map
reference to reflect the changes in the amendment, as well as
to remove the property of a landowner that requested not to be
included within the expanded boundaries of the park. The
amendment was adopted by voice vote. The bill, as amended was
then ordered favorably reported to the Full Committee by voice
vote. On April 24, 2002, the Full Resources Committee met to
consider the bill. There were no further amendments and the
bill was ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 8, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2643, the Fort
Clatsop National Memorial Expansion Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2643--Fort Clatsop National Memorial Expansion Act of 2002
Summary: CBO estimates that implementing H.R. 2643 would
cost $9 million over the 2003-2007 period, assuming
appropriation of the necessary amounts. The bill would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
H.R. 2643 would expand the boundaries of the Fort Clatsop
National Memorial in Oregon to include 1,375 acres of
additional lands and would authorize the Secretary of the
Interior to acquire nonfederal lands within that expanded area.
With the exception of certain corporately owned lands that
could be acquired by condemnation, the bill specifies that the
Secretary could acquire lands only from willing sellers. H.R.
2643 also would direct the Secretary to study an area known as
Station Camp near McGowan, Washington, for potential inclusion
in the National Park System.
H.R. 2643 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would have no
significant impact on the budgets of state, local or tribal
governments.
In the event that the National Park Service (NPS) uses the
condemnation authority contained in the bill to acquire certain
corporately owned timberlands for inclusion in the Fort Clatsop
National Memorial, such an acquisition would constitute a
private-sector mandate as defined by UMRA. CBO estimates that
the direct cost of this private-sector mandate would fall well
below the annual threshold established by UMRA ($115 million in
2002, adjusted annually for inflation).
Estimated cost to the Federal Government: For this
estimate, CBO assumes that H.R. 2643 will be enacted by the
start of fiscal year 2003 and that necessary funds will be
provided close to the start of each year. The
estimatedbudgetary impact of H.R. 2643 is shown in the following table.
The costs of this legislation fall within budget function 300 (natural
resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------
2003 2004 2005 2006 2007
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level................................. 6 3 0 0 0
Estimated outlays............................................. 6 3 0 0 0
----------------------------------------------------------------------------------------------------------------
Basis of estimate: Based on information from the NPS, CBO
expects that expanding the memorial as specified in the bill
would not significantly increase the agency's costs to manage
the memorial, but would result in increased costs for land
acquisition and development. Assuming appropriation of the
necessary amounts, CBO estimates that the agency would spend $6
million in 2003 and $2 million in 2004 to acquire nonfederal
lands within the expanded memorial. We also estimate that the
agency would spend $1 million in 2004 to construct trailhead
facilities, parking lots, and other necessary infrastructure.
Finally, based on information from the NPS, we estimate that
the agency would spend less than $300,000 during fiscal year
2003 to study the area known as Station Camp near McGowan,
Washington, for potential inclusion in the National Park
System.
Pay-as-you-go considerations: None.
Estimated impact on state, local, and tribal governments:
H.R. 2643 contains no intergovernmental mandates as defined in
UMRA and would have no significant impact on the budgets of
state, local, or tribal governments.
Estimated impact on the private sector: In the event that
the NPS uses the condemnation authority contained in the bill
to acquire certain corporately owned timberlands for inclusion
in the Fort Clatsop National Memorial, such an acquisition
would constitute a private-sector mandate as defined by UMRA.
Because title to the property is not clear, both the NPS and
the property owner have agreed that condemnation would be the
best methods of acquisition. The cost of this mandate would be
the fair market value of the land and expenses incurred by the
private-sector owner in transferring the property to the
federal government. In accordance with federal law, the NPS
would compensate the current owners for the fair market value
of the land through a judicial condemnation proceeding.
According to the NPS, the timberlands, have been appraised at
roughly $6 million. Thus, CBO estimates that the direct cost of
this private-sector mandate would fall well below the annual
threshold established by UMRA ($115 million in 2002, adjusted
annually for inflation).
Previous CBO estimate: On September 4, 2001, CBO
transmitted a cost estimate for a similar bill, S. 423, as
ordered reported by the Senate Committee on Energy and Natural
Resources on August 2, 2001. The two bills are substantively
similar, and our estimates of total federal spending under each
bill are the same. Differences in the timing of outlays reflect
a change in our assumption regarding when H.R. 2643 will be
enacted. The two bills contain the same private-sector mandate.
Estimate prepared by: Federal costs: Megan Carroll; impact
on state, local, and tribal governments: Marjorie Miller;
impact on the private sector: Lauren Marks.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any state, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as 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):
ACT OF MAY 29, 1958
(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.
* * * * * * *
Sec. 2. (a) Initial Designation of Lands.--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, including the site of the salt cairn (specifically,
lot number 18, block 1, Cartwright Park Addition of Seaside,
Oregon) utilized by that expedition and 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 thirty acres.] coast.
(b) Authorized Expansion.--The Fort Clatsop National Memorial
shall also include the lands depicted on the map entitled
``Fort Clatsop Boundary Map'', numbered ``405-80026C-CCO'', and
dated June 1996.
(c) Maximum Designated Area.--The total area designated as
the Fort Clatsop National Memorial shall not exceed 1,500
acres.
Sec. 3. (a) Acquisition Methods.--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.
(b) Limitation.--The lands (other than corporately owned
timberlands) depicted on the map referred to in section 2(b)
may be acquired by the Secretary of the Interior only by
donation or purchase from willing sellers.
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,] (a) Administration.--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.
(b) Memorandum of Understanding.--If the owner of corporately
owned timberlands depicted on the map referred to in section
2(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 of the Interior shall enter into a
memorandum of understanding with the owner regarding the manner
in which such lands will be managed after acquisition by the
United States.