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16 U.S.C. § 410kkk–1 — Lewis and Clark National Historical Park

submitted 22 years ago by Pub. L. 108-387 to r/title-16-CONSERVATION · 687 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress created Lewis and Clark National Historical Park across Oregon and Washington to honor the expedition's 1805-1806 winter encampment. The Secretary can acquire land by several methods, mostly needing owner consent, and must set up a Thomas Jefferson memorial at Cape Disappointment.

(a) Designation — This section creates the Lewis and Clark National Historical Park as a unit of the National Park System. It exists to preserve the historic, cultural, scenic, and natural resources connected to the Lewis and Clark Expedition's arrival in the lower Columbia River area. It also commemorates the end of the expedition and its winter encampment in 1805-1806, after the group successfully crossed North America.

(b) Boundaries — The park's boundaries generally follow the map called "Lewis and Clark National Historical Park, Boundary Map," numbered 405/80027, dated December 2003. The park includes three groups of land: (1) land in Clatsop County, Oregon, tied to the winter encampment — known as Fort Clatsop and designated the Fort Clatsop National Memorial by Public Law 85-435 — including the site of a salt cairn (a specific lot in Seaside, Oregon) and nearby parts of the old trail leading from the fort to the coast; (2) land marked "Fort Clatsop 2002 Addition Lands" on the map; and (3) land along the lower Columbia River in Washington tied to the expedition's 1805 arrival at the Pacific Ocean, marked on the map as "Station Camp," "Clark's Dismal Nitch," and "Cape Disappointment."

(c) Acquisition of land
(1) Authorization — The Secretary can acquire land, interests in land, and improvements within the park's boundaries. The methods allowed are donation, purchase with donated or government money, exchange, transfer from another federal agency, or any other method the Secretary decides serves the public interest.
(2) Consent of landowner required — For most of this land, the Secretary needs the owner's consent before acquiring it. The one exception is corporately owned timberland within the "Fort Clatsop 2002 Addition Lands" area — that land does not require the owner's consent.
(3) Acquisition of Fort Clatsop 2002 Addition Lands — If the owner of that corporately owned timberland agrees to sell as a result of an actual condemnation proceeding, or instead of one, the Secretary must sign a memorandum of understanding with the owner. That agreement covers how the land will be managed once the United States acquires it.

(d) Cape Disappointment
(1) Transfer — Subject to any valid existing rights (including land withdrawals), the Secretary must transfer management of any federal land at Cape Disappointment, Washington, within the park's boundary, over to the Director of the National Park Service.
(2)(A) Notice — If a federal agency controls "withdrawn" land at Cape Disappointment within the park boundary, and that agency decides it no longer needs the land, the agency's head must tell the Secretary in writing. (B) Transfer — Once the Secretary gets that notice, the land transfers to the Secretary's control and becomes part of the park.
(3) Memorial to Thomas Jefferson — A 20-acre parcel on the map, marked "Memorial to Thomas Jefferson," is freed from all its prior land withdrawals. The Secretary must build a memorial to Thomas Jefferson on that parcel.
(4) Management of Cape Disappointment State Park land — The Secretary may make an agreement with the State of Washington, letting the State keep managing the part of the park known as "Cape Disappointment State Park."

(e) Map availability — The map described in subsection (b) is kept on file at National Park Service offices for the public to view.

the actual law source: uscode.house.gov ↗public domain
(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;

(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) 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”.

(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.

Source credit: (Pub. L. 108–387, title I, § 103, Oct. 30, 2004, 118 Stat. 2234.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-387 · 118 Stat. 2234

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-387 on 2004-10-30.

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