HR 4607 IH
To establish the Vancouver National Heritage Area, and for other purposes.
June 21, 1994
Mrs. UNSOELD introduced the following bill; which was referred to the Committee on Natural Resources
To establish the Vancouver National Heritage Area, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
- This Act may be cited as the `Vancouver National Heritage Area Partnership Act of 1994'.
SEC. 2. FINDINGS AND PURPOSE.
- (a) FINDINGS- The Congress finds the following:
- (1) The lower Columbia River basin and Vancouver have been the focal point of a number of important periods, themes, and events in American history and pre-history, including native settlements, westward expansion of the British colonies and the United States from 1763-1898, political and military affairs from 1865 to 1939, and military affairs from 1914-1941.
- (2) The Columbia River is the central feature around which the history of the Vancouver National Heritage Area and the entire Pacific Northwest revolves. The heritage area is located on the shores of the Columbia River 78 miles from the Pacific Ocean. The Columbia River has been an artery for communication and trade since prehistoric times.
- (3) Fort Vancouver National Historic Site, a unit of the National Park System, was founded in 1825 by the Hudson Bay Company and its development from 1825 to 1860 was seminal to Euro-American settlement of the Northwest.
- (4) The Vancouver Barracks served as the principal administrative outpost of the United States Army in the Pacific Northwest from 1849 until World War I, served as a command post during the Native American Wars of the mid to late 19th century, and provided major facilities for support of United States military ventures throughout the Pacific during the Spanish American War and the two World Wars.
- (5) Pearson Airfield was the site of significant events in the history of aviation in the Pacific Northwest and was particularly prominent during the interwar period between 1923-1941. Today, Pearson Airfield continues to be an important home to historic aircraft and historic aviation.
- (6) The heritage area contains a number of discovered and unrecovered archaeological sites significant to the history of North America and the growth of the United States.
- (7) The heritage area is located close to major metropolitan areas, including Portland, Tacoma, and Seattle and immediately adjacent to Interstate 5, the major north-south interstate of the Pacific Northwest.
- (8) Many Federal, State, and local government entities, as well as numerous private organizations and individuals (A) have expressed a desire to join forces and work together in a cooperative spirit in order to preserve, interpret, and enhance the cultural, recreational, and educational potential of the heritage area, and (B) have already demonstrated their ability to effectively cooperate in the course of preparing the `Vancouver National Historical Reserve Feasibility Study and Environmental Assessment', as required by Public Law 101-523.
- (b) PURPOSE- It is the purpose of this Act--
- (1) to preserve, enhance, and interpret the significant aspects of the lands, water, structures and history of the heritage area, and
- (2) to provide a partnership that will develop and implement an integrated cultural, historical, recreational, and educational land resource management program in order to achieve these purposes.
SEC. 3. DEFINITIONS.
- For the purposes of this Act--
- (1) the term `member agencies' means the entities specified in paragraphs (1) through (4) of section 5(b);
- (2) the term `Partnership' means the Vancouver National Heritage Area Partnership established by section 5;
- (3) the term `Pearson economic plan' means the Pearson Airpark economic viability and mitigation plan required under section 10(8);
- (4) the term `heritage area' means the Vancouver National Heritage Area established by section 4;
- (5) the term `management plan' means the plan developed and submitted under section 9;
- (6) the term `Secretary' means the Secretary of the Interior; and
- (7) the term `Chairperson' means the Chairperson of the Partnership as specified in section 5(e).
SEC. 4. VANCOUVER NATIONAL HERITAGE AREA.
- (a) ESTABLISHMENT- There is hereby established the Vancouver National Heritage Area.
- (b) AREAS TO BE INCLUDED IN THE HERITAGE AREA- The heritage area shall be comprised of approximately 366 acres of publicly owned land, as generally depicted on the map entitled `Vancouver National Historic Reserve--Proposed Reserve Area', contained in the report entitled `Vancouver National Historical Reserve Feasibility Study and Environmental Assessment' at page 97, published by the Vancouver Historical Study Commission, and dated April 1993. The map shall be on file and available for public inspection in the offices of the Director of the National Park Service. The heritage area shall include the following lands and facilities:
- (1) Fort Vancouver National Historic Site.
- (2) Vancouver Barracks.
- (3) Pearson Airfield and Museum.
- (4) Officers Row.
- (5) Old Apple Tree Park.
- (6) Marine Park.
- (7) The area of the Columbia River waterfront identified in such map.
- (8) The land and easements dedicated to the city of Vancouver for a waterfront trail within the Columbia Shores property.
- (9) A pedestrian-only path between the Marine Park and the southeastern corner of the heritage area at Columbia Way.
SEC. 5. VANCOUVER NATIONAL HERITAGE AREA PARTNERSHIP.
- (a) ESTABLISHMENT- There is established the Vancouver National Heritage Area Partnership. The purpose of the Partnership shall be to oversee the protection, enhancement, and development of the heritage area. The Partnership shall--
- (1) be a forum for cooperation and coordination between the public agencies represented in the heritage area;
- (2) make reasonable efforts to minimize staffing, development, and operational costs to each member agency;
- (3) promote the coordinated protection, use and interpretation of the cultural, recreational, and educational resources of the heritage area;
- (4) identify additional opportunities for public use and enjoyment of the heritage area;
- (5) develop and implement a management plan as required in section 9 for the areas specified in section 4(b); and
- (6) be formalized by the compact described in section 8.
- (b) MEMBERSHIP- The Partnership shall be comprised of five members appointed by the Secretary, in consultation with member agencies, no later than six months after the date of the enactment of this Act who represent the interests of the following:
- (1) The Department of the Interior, National Park Service.
- (2) The State of Washington.
- (3) Department of the Army.
- (4) City of Vancouver.
- (5) The general public, selected from the citizenry of the State of Washington, appointed after consultation with the Governor of the State of Washington and the Mayor of Vancouver.
- (c) TERMS OF SERVICE FOR MEMBERS OF THE PARTNERSHIP- (1) Members of the Partnership shall be appointed for terms of three years and may be reappointed.
- (2) Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of such term. Any member of the Partnership appointed for a definite term may serve after the expiration of their term until the member's successor has taken office.
- (d) COMPENSATION FOR MEMBERS OF THE PARTNERSHIP- Members of the Partnership shall receive no pay on account of their service on the Partnership, but while away from their homes or regular places of business in the performance of services for the Partnership, members of the Partnership shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.
- (e) CHAIRPERSON- The Chairperson of the Partnership shall be elected by the members of the Partnership for a term of two years.
- (f) QUORUM- Three members of the Partnership shall constitute a quorum. The affirmative vote of not less than three members shall be required to approve the budget of the Partnership.
- (g) MEETINGS- The Partnership shall hold its first meeting not later than 90 days after the date on which its members are appointed and shall meet at least quarterly at the call of the Chairperson or a majority of its members. Meetings shall be subject to section 552(b) of title 5, United States Code.
- (h) PROXY- Any member of the Partnership may vote by means of a signed proxy exercised by another member of the Partnership, but any member so voting shall not be considered present for purposes of establishing a quorum.
SEC. 6. STAFF OF THE PARTNERSHIP.
- (a) IN GENERAL- The Partnership shall have the power to appoint and fix compensation of such staff as may be necessary to carry out its duties.
- (b) EXPERTS AND CONSULTANTS- Subject to such rules as may be adopted by the Partnership, the Partnership may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates determined by the Partnership to be reasonable.
- (c) STAFF OF OTHER AGENCIES- (1) Upon request of the Partnership, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Partnership to assist the Partnership in carrying out the Partnership's duties.
- (2) The Partnership may accept the service of personnel detailed from the State, or any political subdivision or regional planning organization, and may reimburse the State, political subdivision, or regional planning organization for those services.
SEC. 7. POWERS OF THE PARTNERSHIP.
- (a) HEARINGS- (1) The Partnership may, for the purposes of carrying out this Act, hold hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Partnership considers appropriate.
- (2) The Partnership may not issue subpoenas or exercise any subpoena authority.
- (b) POWERS OF MEMBERS AND AGENTS- Any member or agent of the Partnership, if so authorized by the Partnership, may take any action which the Partnership is authorized to take by this Act. Members of the Partnership shall continue to exercise primary management responsibility for the facilities and lands over which they currently have jurisdiction.
- (c) ADMINISTRATIVE SUPPORT SERVICES- The Administrator of the General Services Administration shall provide to the Partnership on a reimbursable basis such administrative support services as the Partnership may request.
- (d) MAILS- The Partnership may use the United States mails in the same manner and under the same conditions as other departments and other agencies of the United States.
- (e) USE OF FUNDS TO OBTAIN MONEY- The Partnership may use its funds to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money.
- (f) GIFTS- (1) The Partnership may, for purposes of carrying out its duties, seek, accept, and dispose of gifts, bequests, or donations of money, personal property, or services, received from any source.
- (2) For purposes of section 170(c) of the Internal Revenue Code of 1986, any gift to the Partnership shall be deemed to be a gift to the United States.
- (g) ACQUISITION OF REAL PROPERTY- (1) Except as provided in paragraph (2) and except with respect to any leasing of facilities under subsection (c), the Partnership may not acquire any real property or interest in real property.
- (2) Subject to paragraph (3), the Partnership may acquire real property or interest in real property in the heritage area--
- (A) by gift or devise; or
- (B) by purchase from a willing seller with money that was given, appropriated, or bequeathed to the Partnership on the condition that such money would be used to purchase real property, or interest in real property, in the heritage area.
- (3) Any real property or interest in real property acquired by the Partnership under paragraph (2) shall be conveyed by the Partnership to an appropriate public or private land management agency, as determined by the Partnership. Any such conveyance shall be made--
- (A) as soon as practicable after such acquisition;
- (B) with or without consideration; and
- (C) on the condition that the real property or interest in real property so conveyed is used for public purposes.
- (h) TRANSFER OF REAL PROPERTY- A Member agency may transfer title of parcels of land and improvements thereon to other member agencies upon recommendation of the Partnership and the approval of the affected member agency.
- (i) COOPERATIVE AGREEMENTS- For purposes of carrying out the management plan referred to in section 9, the Partnership may enter into cooperative agreements with any State, or any political subdivision thereof, or with any person or organization. Any such cooperative agreement shall, at a minimum, establish procedures for providing notice to the Partnership of any action proposed by the State, such political subdivision, or such person which may affect implementation of the management plan referred to in section 9.
- (j) ADVISORY GROUPS- The Partnership may establish such advisory groups as it deems necessary to ensure open communication with, and assistance from, the State, political subdivisions of the State, regional planning organizations and interested persons.
SEC. 8. COMPACT BETWEEN MEMBERS OF THE PARTNERSHIP.
- Within 12 months after it conducts its first meeting, the Partnership shall prepare, sign, and submit to the Secretary a compact. The compact shall be prepared with public participation. The compact shall function as a memorandum of agreement between the members of the Partnership. The compact shall include but is not limited to--
- (1) identification of the partners in the heritage area;
- (2) identification of the goals and objectives of the heritage area and identification of the basic responsibilities of the members of the Partnership with respect to the purpose of the heritage area; and
- (3) a brief outline of the objectives that are likely to be included in the management plan in order to achieve the purpose of the heritage area.
SEC. 9. HERITAGE AREA MANAGEMENT PLAN.
- (a) IN GENERAL- (1) Within 36 months after it conducts its first meeting, the Partnership shall develop and submit the heritage area management plan to the Secretary for review and approval. The management plan shall define a timetable for various actions of the Partnership and for development of the specific programs and facilities of the heritage area.
- (2) The management plan shall require the Partnership to produce an interpretive plan for the heritage area that provides a framework for all the institutions within the heritage area to incorporate information on the overlapping continuum of history represented in the heritage area and shall address all joint facilities programs.
- (b) ITEMS INCLUDED- The management plan shall include, but is not limited to--
- (1) the requirements for the interpretive plan;
- (2) the requirements pertaining to Pearson Airpark, subject to section 10; and
- (3) the Pearson Airpark economic viability and mitigation plan as specified in section 10.
- (c) AMENDMENT AND REVIEW OF THE MANAGEMENT PLAN- Every five years the Partnership shall evaluate the progress made in implementing the management plan and shall submit to the Secretary a revised management plan for the Secretary's review and approval.
SEC. 10. PEARSON AIRPARK.
- The management plan shall permit general aviation at Pearson Airpark to continue, subject to the following conditions:
- (1) Pearson Field and Air Museum shall be operated by the city of Vancouver or its designated entity.
- (2) The city of Vancouver pays the National Park Service a fee of $1 per year for the continued use and occupancy of the Airpark and Air Museum on National Park Service property.
- (3) All nonhistoric, aviation-related buildings and devices, including T-hangers and associated taxiways, shall be removed by the city of Vancouver from National Park Service property by the year 2003, except those necessary for navigation and safety.
- (4) The city of Vancouver shall not be compensated for historic buildings remaining on National Park Service property, but shall be liable and responsible for continued use and maintenance of these structures.
- (5) Approval of the National Park Service is required for all structural improvements and structural additions to the Air Museum for those structures and facilities of the Air Museum located on property of the National Park Service.
- (6) Helicopters shall not be based at Pearson Airpark except as necessary to accommodate emergency, disaster, or national security needs.
- (7) The total number of airworthy aircraft based at the Pearson Airpark shall be determined by the Pearson economic plan in agreement with the Partnership.
- (8) Within 36 months after the first meeting of the Partnership, as part of the management plan, the Partnership shall prepare the Pearson Airpark economic viability and mitigation plan. The Pearson economic plan shall require the following:
- (A) The Partnership shall report to Congress by 2022 regarding the advisability of continuing to base some general aviation aircraft at Pearson Airpark, taking into account their impact on National Park Service operations, the needs of the community, and whether or not general aviation aircraft are necessary to support the economic viability of the historic aircraft mission within the heritage area. The report may be submitted separately from the management plan, but must be submitted prior to 2022.
- (B) Incentives and regulations to encourage a transition from basing predominantly general aviation aircraft to basing historic aircraft. The transition shall be completed by April 3, 2022. After April 3, 2022, no general aviation aircraft shall be based at Pearson Airpark unless a continuation of general aviation is expressly authorized by an Act of Congress enacted after this Act and before April 3, 2022. For the purposes of this subparagraph, the term `historic aircraft' means any aircraft which is based on a design (i) from the World War II era or earlier, (ii) which is 50 years or older, or (iii) which, as determined by a qualified Aviation Advisory Group selected by the Partnership, is of historical significance.
- (C) A program to mitigate any conflicts related to the operation of the Airpark and other activities within the heritage area. The mitigation program shall, in coordination with the Federal Aviation Administration and other agencies, address (but not be limited to) noise, safety, visual intrusion, and the location of new facilities.
- (D) A Pearson Airpark Museum Plan, including budgetary strategies by which proceeds from general aviation and other sources fund the museum and other aviation curation activities.
SEC. 11. DUTIES AND POWERS OF THE SECRETARY OF THE INTERIOR.
- (a) IN GENERAL- The National Park Service shall have the lead Federal agency role for--
- (1) developing and implementing the management plan; and
- (2) for planning, designing, constructing, and supervising all common heritage area facilities.
- (b) ASSISTANCE IN PREPARING THE COMPACT AND MANAGEMENT PLAN- Upon request of the Partnership, the Secretary may--
- (1) provide matching grants to assist in studies to prepare the compact and management plan;
- (2) provide technical assistance in preparing and developing the compact and management plan; and
- (3) elect to provide all or part of the technical assistance in the conduct of studies, compacts, plans, and early action plans through cooperative agreements with units of government and private nonprofit organizations.
- (c) APPROVAL AND DISAPPROVAL OF COMPACTS AND MANAGEMENT PLANS- (1) The Secretary, in consultation with the Partnership, shall approve or disapprove a compact or management plan submitted under this Act not later than 90 days after receiving such compact or management plan.
- (2) If the Secretary disapproves a submitted compact or management plan, the Secretary shall advise the Partnership in writing of the reasons therefor and shall make recommendations for revisions in the compact or plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted.
- (d) APPROVING AMENDMENTS- The Secretary shall review substantial amendments to the management plan. Funds appropriated pursuant to this Act may not be expended to implement the amendments until the Secretary approves the amendments.
- (e) ASSISTANCE IN IMPLEMENTING THE HERITAGE AREA MANAGEMENT PLAN- (1) The Secretary may, upon request of the Partnership, provide technical and financial assistance to develop and implement the heritage area management plan.
- (2) The Secretary is authorized to spend Federal funds directly on nonfederally owned property to further the purposes of this Act.
- (3) In cooperation with other Federal agencies, the Secretary shall provide the general public with information as to the location and character of components of the heritage area.
SEC. 12. DUTIES OF OTHER FEDERAL ENTITIES.
- (a) DUTIES OF FEDERAL ENTITIES- Any Federal entity conducting or supporting activities directly affecting the heritage area, and any unit of government acting pursuant to a grant of Federal funds or a Federal permit or agreement conducting or supporting such activities shall, to the maximum extent practicable--
- (1) consult with the Secretary and the Partnership with respect to such activities;
- (2) cooperate with the Secretary and the Partnership in carrying out their duties under this Act and coordinate such activities with the carrying out of such duties; and
- (3) conduct or support such activities in a manner consistent with the management plan unless the Federal entity, after consultation with the Partnership, determines there is no practicable alternative.
- (b) ASSISTANCE UNDER OTHER LAWS- Nothing in this Act shall be deemed to prohibit the Secretary or other units of government from providing technical or financial assistance permissible under any other provisions of law.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
- (a) IN GENERAL- There is authorized to be appropriated such funds as may be necessary to carry out this Act. Such amounts are in addition to amounts authorized to be appropriated for the Fort Vancouver National Historic Site.
- (b) COST SHARE- The Federal share of the costs for the heritage area in any fiscal year may not exceed 50 percent of the total costs of the heritage area for that fiscal year and shall be provided on a matching basis. The non-Federal share of such support may be in the form of cash, services, or in-kind contributions, fairly valued.