§410kkk–1 — Title 16 Conservation | U.S. Code

Summary

Designates the Lewis and Clark National Historical Park to protect and honor the historic, cultural, scenic, and natural places tied to the Lewis and Clark Expedition’s arrival at the lower Columbia River and its winter camp in the winter of 1805–1806. The park’s borders are shown on the map numbered 405/80027 dated December 2003. The area includes Fort Clatsop in Clatsop County, Oregon (including the salt cairn site, lot number 18, and nearby trail), lands labeled “Fort Clatsop 2002 Addition Lands,” and places along the lower Columbia River in Washington shown as “Station Camp,” “Clark’s Dismal Nitch,” and “Cape Disappointment.” The Secretary of the Interior may acquire land inside those park boundaries by donation, purchase with donated or appropriated funds, exchange, transfer from other federal agencies, or other means the Secretary finds appropriate. Most private land can be acquired only with the owner’s consent. Corporately owned timberlands in the “Fort Clatsop 2002 Addition Lands” may be taken after condemnation or by sale, and then the Secretary must make a written agreement with the owner about how the land will be managed. Federal lands at Cape Disappointment inside the park must move under National Park Service management, subject to valid rights. Any withdrawals on the 20-acre parcel marked “Memorial to Thomas Jefferson” are revoked and a Jefferson memorial must be established there. The Secretary may let Washington State help manage Cape Disappointment State Park. The map will be kept on file and open to the public at National Park Service offices.

Title 16, §410kkk–1

Conservation — Source: USLM XML via OLRC

(a)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)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)(1)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)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)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)(1)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)(A)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)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Public Law 85–435, referred to in subsec. (b)(1), is Pub. L. 85–435, May 29, 1958, 72 Stat. 153, which enacted sections 450mm to 450mm–3 of this title and was repealed by Pub. L. 108–387, title I, § 105(a), Oct. 30, 2004, 118 Stat. 2236. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Fort Clatsop National Memorial Pub. L. 107–221, § 2, Aug. 21, 2002, 116 Stat. 1333, provided that: “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 [former sections 450mm to 450mm–3 of this title] 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.” [References to Fort Clapsop National Memorial considered to be references to Lewis and Clark National Historical Park, see section 410kkk–3 of this title.]

§410kkk–1 Lewis and Clark National Historical Park