[108th Congress Public Law 367]
[From the U.S. Government Printing Office]
[DOCID: f:publ367.108]
[[Page 118 STAT. 1743]]
Public Law 108-367
108th Congress
An Act
To expand the boundaries of the Fort Donelson National Battlefield to
authorize the acquisition and interpretation of lands associated with
the campaign that resulted in the capture of the fort in 1862, and for
other purposes. <<NOTE: Oct. 25, 2004 - [S. 524]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Fort Donelson National
Battlefield Expansion Act of 2004. Tennessee. 16 USC 428
note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Donelson National Battlefield
Expansion Act of 2004''.
SEC. 2. FORT DONELSON NATIONAL <<NOTE: 16 USC 428p.>> BATTLEFIELD.
(a) Designation; Purpose.--There exists as a unit of the National
Park System the Fort Donelson National Battlefield to commemorate--
(1) the Battle of Fort Donelson in February 1862; and
(2) the campaign conducted by General Ulysses S. Grant and
Admiral Andrew H. Foote that resulted in the capture of Fort
Donelson by Union forces.
(b) Boundaries.--The boundary of the Fort Donelson National
Battlefield is revised to include the site of Fort Donelson and
associated land that has been acquired by the Secretary of the Interior
for administration by the National Park Service, including Fort Donelson
National Cemetery, in Stewart County, Tennessee and the site of Fort
Heiman and associated land in Calloway County, Kentucky, as generally
depicted on the map entitled ``Fort Donelson National Battlefield
Boundary Adjustment'' numbered 328/80024, and dated September 2003. The
map shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
(c) Expansion of Boundaries.--The Fort Donelson National Battlefield
shall also include any land acquired pursuant to section 3.
SEC. 3. LAND ACQUISITION RELATED TO FORT DONELSON <<NOTE: 16 USC
428p-1.>> NATIONAL BATTLEFIELD.
(a) Acquisition Authority.--Subject to subsections (b) and (c), the
Secretary of the Interior may acquire land, interests in land, and
improvements thereon for inclusion in the Fort Donelson National
Battlefield. Such land, interests in land, and improvements may be
acquired by the Secretary only by purchase from willing sellers with
appropriated or donated funds, by donation, or by exchange with willing
owners.
[[Page 118 STAT. 1744]]
(b) Land Eligible for Acquisition.--The Secretary of the Interior
may acquire land, interests in land, and improvements thereon under
subsection (a)--
(1) within the boundaries of the Fort Donelson National
Battlefield described in section 2(b); and
(2) outside such boundaries if the land has been identified
by the American Battlefield Protection Program as part of the
battlefield associated with Fort Donelson or if the Secretary
otherwise determines that acquisition under subsection (a) will
protect critical resources associated with the Battle of Fort
Donelson in 1862 and the Union campaign that resulted in the
capture of Fort Donelson.
(c) Boundary Revision.--Upon acquisition of land or interests in
land described in subsection (b)(2), the Secretary of the Interior shall
revise the boundaries of the Fort Donelson National Battlefield to
include the acquired property.
(d) Limitation on Total Acreage of Park.--The total area encompassed
by the Fort Donelson National Battlefield may not exceed 2,000 acres.
SEC. 4. ADMINISTRATION OF FORT DONELSON <<NOTE: 16 USC 428p-
2.>> NATIONAL BATTLEFIELD.
The Secretary of the Interior shall administer the Fort Donelson
National Battlefield in accordance with this Act and the laws generally
applicable to units of the National Park System, including the Act of
August 25, 1916 (commonly known as the National Park Service Organic
Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly
known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C.
461 et seq.).
SEC. 5. RELATION <<NOTE: Contracts.>> TO LAND BETWEEN THE LAKES
NATIONAL RECREATION AREA.
The Secretary of Agriculture and the Secretary of the Interior shall
enter into a memorandum of understanding to facilitate cooperatively
protecting and interpreting the remaining vestige of Fort Henry and
other remaining Civil War resources in the Land Between the Lakes
National Recreation Area affiliated with the Fort Donelson campaign.
[[Page 118 STAT. 1745]]
SEC. 6. CONFORMING AMENDMENT.
The first section of Public Law 86-738 (16 U.S.C. 428k) is amended
by striking ``Tennessee'' and all that follows through the period at the
end and inserting ``Tennessee.''.
Approved October 25, 2004.
LEGISLATIVE HISTORY--S. 524:
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SENATE REPORTS: No. 108-230 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
May 19, considered and passed Senate.
Oct. 8, considered and passed House.
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