[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 524 Reported in Senate (RS)]






                                                       Calendar No. 440
108th CONGRESS
  2d Session
                                 S. 524

                          [Report No. 108-230]

 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 SENATE OF THE UNITED STATES

                             March 5, 2003

  Mr. Bunning introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                             March 9, 2004

              Reported by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Fort Donelson National 
Battlefield Expansion Act of 2003''.</DELETED>

<DELETED>SEC. 2. FORT DONELSON NATIONAL BATTLEFIELD.</DELETED>

<DELETED>    (a) Designation; Purpose.--There exists as a unit of the 
National Park System the Fort Donelson National Battlefield to 
commemorate--</DELETED>
        <DELETED>    (1) the Battle of Fort Donelson in February 1862; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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 ``</DELETED>_________<DELETED>'' numbered 
</DELETED>________<DELETED>, and dated </DELETED>__<DELETED>. The map 
shall be on file and available for public inspection in the appropriate 
offices of the National Park Service.</DELETED>
<DELETED>    (c) Expansion of Boundaries.--The Fort Donelson National 
Battlefield shall also include any land acquired pursuant to section 
3.</DELETED>

<DELETED>SEC. 3 LAND ACQUISITION RELATED TO FORT DONELSON NATIONAL 
              BATTLEFIELD.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Land Eligible for Acquisition.--The Secretary of the 
Interior may acquire land, interests in land, and improvements thereon 
under subsection (a)--</DELETED>
        <DELETED>    (1) within the boundaries of the Fort Donelson 
        National Battlefield described in section 2(b); and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Limitation on Total Acreage of Park.--The total area 
encompassed by the Fort Donelson National Battlefield may not exceed 
2,000 acres.</DELETED>

<DELETED>SEC. 4. ADMINISTRATION OF FORT DONELSON NATIONAL 
              BATTLEFIELD.</DELETED>

<DELETED>    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.).</DELETED>

<DELETED>SEC. 5. RELATION TO LAND BETWEEN THE LAKES NATIONAL RECREATION 
              AREA.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 6. REPEAL OF OBSOLETE PROVISIONS AND CONFORMING 
              AMENDMENTS.</DELETED>

<DELETED>    (a) Repeals.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) 1937 law.--Section 3 of the Act of August 30, 
        1937 (16 U.S.C. 428d-3), is repealed.</DELETED>
        <DELETED>    (3) 1960 law.--Sections 4 and 5 of Public Law 86-
        738 (16 U.S.C. 428n, 428o) are repealed.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) 1928 law.--The Act of March 26, 1928, is 
        amended--</DELETED>
                <DELETED>    (A) in section 8 (16 U.S.C. 428g), by 
                striking ``Secretary of War'' and inserting ``Secretary 
                of the Interior'';</DELETED>
                <DELETED>    (B) in section 9 (16 U.S.C. 428h)--
                </DELETED>
                        <DELETED>    (i) by striking ``Fort Donelson 
                        National Park'' and inserting ``Fort Donelson 
                        National Battlefield''; and</DELETED>
                        <DELETED>    (ii) by striking ``Secretary of 
                        War'' and inserting ``Secretary of the 
                        Interior''; and</DELETED>
                <DELETED>    (C) in section 10 (16 U.S.C. 428i), by 
                striking ``Secretary of War'' and inserting ``Secretary 
                of the Interior''.</DELETED>
        <DELETED>    (2) 1937 law.--The Act of August 30, 1937, is 
        amended--</DELETED>
                <DELETED>    (A) in the first section (16 U.S.C. 428d-
                1)--</DELETED>
                        <DELETED>    (i) by striking ``Fort Donelson 
                        National Military Park'' and inserting ``Fort 
                        Donelson National Battlefield''; and</DELETED>
                        <DELETED>    (ii) by striking ``War 
                        Department'' and inserting ``Department of the 
                        Army''; and</DELETED>
                <DELETED>    (B) in section 2 (16 U.S.C. 428d-2)--
                </DELETED>
                        <DELETED>    (i) by striking ``Fort Donelson 
                        National Military Park'' and inserting ``Fort 
                        Donelson National Battlefield'';</DELETED>
                        <DELETED>    (ii) by striking ``said national 
                        military park'' and inserting ``Fort Donelson 
                        National Battlefield''; and</DELETED>
                        <DELETED>    (iii) by striking the last 
                        sentence.</DELETED>
        <DELETED>    (3) 1960 law.--The first section of Public Law 86-
        738 (16 U.S.C. 428k) is amended--</DELETED>
                <DELETED>    (A) by striking ``Fort Donelson National 
                Military Park'' and inserting ``Fort Donelson National 
                Battlefield''; and</DELETED>
                <DELETED>    (B) by striking ``, but the total area 
                commemorating the battle of Fort Donelson shall not 
                exceed 600 acres''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fort Donelson National Battlefield 
Expansion 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 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 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. 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.''.
                                                       Calendar No. 440

108th CONGRESS

  2d Session

                                 S. 524

                          [Report No. 108-230]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 9, 2004

                       Reported with an amendment