[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