[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