[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5426 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5426

 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

                           September 19, 2002

  Mr. Whitfield (for himself and Mr. Tanner) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 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 
Expansion Act of 2002''.

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 Fort Donelson National Battlefield shall 
consist of 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 ``__________________'' numbered ________________, and dated 
____. 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 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 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 
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.

SEC. 6. REPEAL OF OBSOLETE PROVISIONS AND CONFORMING AMENDMENTS.

    (a) Repeals.--
            (1) 1928 law.--The first section and sections 2 through 7 
        of the Act of March 26, 1928 (16 U.S.C. 428a-428f), 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 8 (16 U.S.C. 428g), by striking 
                ``Secretary of War'' and inserting ``Secretary of the 
                Interior'';
                    (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''; and
                    (C) in section 10 (16 U.S.C. 428i), 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.--The first section of Public Law 86-738 (16 
        U.S.C. 428k) is amended--
                    (A) by striking ``Fort Donelson National Military 
                Park'' and inserting ``Fort Donelson National 
                Battlefield''; and
                    (B) by striking ``, but the total area 
                commemorating the battle of Fort Donelson shall not 
                exceed 600 acres''.
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