[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 646 Reported in House (RH)]
Union Calendar No. 328
108th CONGRESS
2d Session
H. R. 646
[Report No. 108-563]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2003
Mr. Whitfield (for himself and Mr. Tanner) introduced the following
bill; which was referred to the Committee on Resources
June 23, 2004
Additional sponsor: Mr. Gordon
June 23, 2004
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 5, 2003]
_______________________________________________________________________
A BILL
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.
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 ``Fort Donelson National Battlefield
Act of 2004''.
SEC. 2. FORT DONELSON NATIONAL 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 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 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.
(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--
(A) the land has been identified by the American
Battlefield Protection Program as part of the
battlefield associated with Fort Donelson; or
(B) 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 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 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
cooperative protection and interpretation of the remaining vestiges of
Fort Henry and other existing Civil War resources affiliated with the
Fort Donelson campaign and located in the Land Between the Lakes
National Recreation Area.
SEC. 6. REPEAL OF OBSOLETE PROVISIONS AND CONFORMING AMENDMENTS.
(a) Repeals.--
(1) 1928 law.--The first section and sections 2 through 4,
6 through 8, and 10 of the Act of March 26, 1928 (16 U.S.C.
428, 428a-428c, 428e-428g, and 428i), are repealed.
(2) 1937 law.--Section 3 of the Act of August 30, 1937 (16
U.S.C. 428d-3), is repealed.
(3) 1960 law.--Sections 4 and 5 of Public Law 86-738 (16
U.S.C. 428n, 428o) are repealed.
(b) Conforming Amendments.--
(1) 1928 law.--The Act of March 26, 1928, is amended--
(A) in section 5 (16 U.S.C. 428d), by striking ``:
Provided'' and all that follows and inserting a period;
and
(B) in section 9 (16 U.S.C. 428h)--
(i) by striking ``Fort Donelson National
Park'' and inserting ``Fort Donelson National
Battlefield''; and
(ii) by striking ``Secretary of War'' and
inserting ``Secretary of the Interior''.
(2) 1937 law.--The Act of August 30, 1937, is amended--
(A) in the first section (16 U.S.C. 428d-1)--
(i) by striking ``Fort Donelson National
Military Park'' and inserting ``Fort Donelson
National Battlefield''; and
(ii) by striking ``War Department'' and
inserting ``Department of the Army''; and
(B) in section 2 (16 U.S.C. 428d-2)--
(i) by striking ``Fort Donelson National
Military Park'' and inserting ``Fort Donelson
National Battlefield'';
(ii) by striking ``said national military
park'' and inserting ``Fort Donelson National
Battlefield''; and
(iii) by striking the last sentence.
(3) 1960 law.--Public Law 86-738 is amended--
(A) in section 1 (16 U.S.C. 428k), by striking
``Fort Donelson National Military Park'' and inserting
``Fort Donelson National Battlefield'' and by striking
``, but the total area commemorating the battle of Fort
Donelson shall not exceed 600 acres''; and
(B) by striking section 3 (16 U.S.C. 428m).
Union Calendar No. 328
108th CONGRESS
2d Session
H. R. 646
[Report No. 108-563]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
June 23, 2004
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed