[Congressional Record Volume 150, Number 71 (Wednesday, May 19, 2004)]
[Senate]
[Pages S5839-S5840]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       FORT DONELSON NATIONAL BATTTLEFIELD EXPANSION ACT OF 2003

  The Senate proceeded to consider the bill (S. 524) 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, which had been reported from the Committee on Energy and 
Natural Resources, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                 S. 524

       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 2003''.

     [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.

[[Page S5840]]

     [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''.]

     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.''.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 524), as amended, was passed.

                          ____________________