[House Report 108-563]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-563

======================================================================



 
             FORT DONELSON NATIONAL BATTLEFIELD ACT OF 2004

                                _______
                                

 June 23, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 646]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 646) 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, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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).

                          Purpose of the Bill

    The purpose of H.R. 646 is 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.

                  Background and Need for Legislation

    Fort Donelson was first established as a National Military 
Park on March 26, 1928, and later designated as a National 
Battlefield on August 16, 1985. The Battlefield was established 
to preserve the Fort Donelson National Cemetery and the Dover 
Hotel, the site where Confederate General Simon Buckner 
surrendered to Ulysses S. Grant. H.R. 646 authorizes land to be 
acquired by the National Park Service outside the boundaries of 
the battlefield if the land has been identified by the American 
Battlefield Protection Program as property associated with Fort 
Donelson, or if the Secretary of the Interior determines that 
acquisition will protect critical resources associated with the 
Battle of Fort Donelson. Land, interests in land, and 
improvements may be acquired by the Secretary of the Interior 
only from willing sellers with appropriated or donated funds, 
by donation, or by exchange with willing owners. Civil War 
preservation groups in western Kentucky are prepared to assist 
in the open market purchase of land designated by the bill to 
then be donated to the National Park Service if legislation is 
in place.
    The bill also directs the Secretary of the Interior and the 
Secretary of Agriculture to 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.

                            Committee Action

    H.R. 646 was introduced on February 5, 2003, by Congressman 
Ed Whitfield (R-KY). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation and Public Lands. On September 16, 
2003, the Subcommittee held a hearing on the bill. On April 22, 
2004, the Subcommittee met to mark up the bill. Congressman 
George Radanovich (R-CA) offered an amendment in the nature of 
a substitute that made a number of technical changes 
recommended by the Administration. It was adopted by unanimous 
consent. The bill as amended was then ordered favorably 
reported to the Full Committee by unanimous consent. On May 19, 
2004, the Full Resources Committee met to consider the bill. No 
further amendments were offered and the bill, as amended, was 
then ordered favorably reported to the House of Representatives 
by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 18, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 646, the Fort 
Donelson National Battlefield Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Elizabeth Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 646--Fort Donelson National Battlefield Act of 2004

    H.R. 646 would expand the boundary of the Fort Donelson 
National Battlefield, a historic Civil War site located in 
Calloway County, Kentucky. The bill would authorize the 
Secretary of the Interior to acquire land to include in the 
battlefield by purchase, donation, or exchange. Finally, the 
bill would direct the Secretary of the Interior and the 
Secretary of Agriculture to enter into a memorandum of 
understanding to protect and interpret Fort Henry, a nearby 
Civil War site administered by the Forest Service.
    According to the National Park Service (NPS), most of the 
land to be added to the battlefield would be donated by the 
state of Kentucky, Calloway County, and the West Kentucky 
Corporation. Assuming the availability of appropriated funds, 
we estimate that first-year costs to acquire additional land, 
hire staff, and purchase equipment for the expanded battlefield 
would total about $1.2 million. We also estimate that future 
operational costs would total $1 million annually. Finally, we 
estimate that the NPS and the Forest Service would spend less 
than $100,000 annually to enhance interpretation services at 
Fort Henry.
    H.R. 646 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
Any costs incurred by the state of Kentucky or local 
governments in that state to acquire land for the park would be 
voluntary.
    On March 26, 2004, CBO submitted a cost estimate for S. 
524, the Fort Donelson National Battlefield Expansion Act of 
2004, as ordered reported by the Senate Committee on Energy and 
Natural Resources on March 9, 2004. H.R. 646 is very similar to 
S. 524, and the estimated costs of the two bills are identical.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

           *       *       *       *       *       *       *


                         ACT OF MARCH 26, 1928


   AN ACT To establish a national military park at the battle field of 
                       Fort Donelson, Tennessee.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That a 
commission is hereby created, to be composed of the following 
members, who shall be appointed by the Secretary of War:
  [(1) A commissioned officer of the Corps of Engineers, United 
States Army;
  [(2) A veteran of the Civil War who served honorably in the 
military forces of the United States; and
  [(3) A veteran of the Civil War who served honorably in the 
military forces of the Confederate States of America.
  [Sec. 2. In appointing the members of the commission created 
by section 1 of this Act the Secretary of War shall, as far as 
practicable, select persons familiar with the terrain of the 
battle field of Fort Donelson, Tennessee, and the historical 
events associated therewith.
  [Sec. 3. It shall be the duty of the commission, acting under 
the direction of the Secretary of War, to inspect the battle 
field of Fort Donelson, Tennessee, and to carefully study the 
available records and historical data with respect to the 
location and movement of all troops which engaged in the Battle 
of Fort Donelson, and the important events connected therewith, 
with a view of preserving and marking such field for historical 
and professional military study. The commission shall submit a 
report of its findings and recommendations to the Secretary of 
War not later than December 1, 1928. Such report shall describe 
the portion or portions of land within the area of the battle 
field which the commission thinks should be acquired and 
embraced in a national park and the price at which such land 
can be purchased and its reasonable market value; the report of 
the commission shall also embrace a map or maps showing the 
lines of battle and the locations of all troops engaged in the 
Battle of Fort Donelson and the location of the land which it 
recommends be acquired for the national park; the report of the 
commission shall contain recommendations for the location of 
historical tablets at such points on the battle field, both 
within and without the land to be acquired for the park, as 
they may deem fitting and necessary to clearly designate 
positions and movements of troops and important events 
connected with the Battle of Fort Donelson.
  [Sec. 4. The Secretary of War is authorized to assign any 
officials of the War Department to the assistance of the 
commission if he deems it advisable. He is authorized to pay 
the reasonable expenses of the commission and their assistants 
incurred in the actual performance of the duties herein imposed 
upon them.]
  Sec. 5. That, upon receipt of the report of said commission 
the Secretary of War be, and he is hereby, authorized and 
directed to acquire, by purchase, when purchasable at prices 
deemed by him reasonable, otherwise by condemnation, such tract 
or tracts of lands as are recommended by the commission as 
necessary and desirable for a national military park; to 
establish and substantially mark the boundaries of the said 
park; to definitely mark all lines of battle and locations of 
troops within the boundaries of the park and erect substantial 
historical tablets at such points within the park and in the 
vicinity of the park and its approaches as are recommended by 
the commission, together with such other points as the 
Secretary of War may deem appropriate; to construct the 
necessary roads and walks, plant trees and shrubs, restore and 
care for the grounds, including the restoration and maintenance 
of those portions of old Fort Donelson, and of the Confederate 
water batteries that are located on the present engineer 
reservation[: Provided, That the entire cost of acquiring said 
land, including cost of condemnation proceedings, if any, 
ascertainment of title, surveys, and compensation for the land, 
the cost of marking the battle field, the expenses of the 
commission, and the establishment of the national military park 
shall not exceed the sum of $50,000.].
  [Sec. 6. That, upon the ceding of jurisdiction by the 
Legislature of the State of Tennessee and the report of the 
Attorney General of the United States that a perfect title has 
been acquired, the lands acquired under the provisions of this 
Act, together with the area already inclosed within the 
national cemetery at the battle field of Fort Donelson, are 
hereby declared to be a national park, to be known as the Fort 
Donelson National Park.
  [Sec. 7. That the said Fort Donelson National Park shall be 
under the control of the Secretary of War, and he is hereby 
authorized to make all needed regulations for the care of the 
park. The superintendent of the Fort Donelson National Cemetery 
shall likewise be the superintendent of and have the custody 
and care of the Fort Donelson National Park, under the 
direction of the Secretary of War.
  [Sec. 8. That the Secretary of War is hereby authorized to 
enter into agreements, upon such nominal terms as he may 
prescribe, with such present owners of the land as may desire 
to remain upon it, to occupy and cultivate their present 
holdings, upon condition that they will preserve the present 
buildings and roads, and the present outlines of field and 
forest, and that they will only cut trees or underbrush under 
such regulations as the Secretary may prescribe, and that they 
will assist in caring for and protecting all tablets, 
monuments, or such other artificial works as may from time to 
time be erected by proper authority.]
  Sec. 9. That it shall be lawful for the authorities of any 
State having troops engaged in the Battle of Fort Donelson to 
enter upon the lands and approaches of the Fort Donelson 
National [Park] Battlefield for the purpose of ascertaining and 
marking the lines of battle of troops engaged therein; 
Provided, That before any such lines are permanently 
designated, the position of the lines and the proposed methods 
of marking them by monuments, tablets, or otherwise shall be 
submitted to the [Secretary of War] Secretary of the Interior 
and shall first receive the written approval of the Secretary.
  [Sec. 10. That if any person shall willfully destroy, 
mutilate, deface, injure, or remove any monument, column, 
statue, memorial structure, or work of art that shall be 
erected or placed upon the grounds of the park by lawful 
authority, or shall willfully destroy or remove any fence, 
railing, inclosure, or other work for the protection or 
ornament of said park, or any portion thereof, or shall 
willfully destroy, cut, hack, bark, break down, or otherwise 
injure any tree, bush, or shrubbery that may be growing upon 
said park, or shall cut down or fell or remove any timber, 
battle relic, tree, or trees growing or being upon such park, 
except by permission of the Secretary of War, or shall 
willfully remove or destroy any breastworks, earthworks, walls, 
or other defenses or shelter, or any part thereof, constructed 
by the armies formerly engaged in the battle on the lands or 
approaches to the park, any person so offending shall be guilty 
of a misdemeanor, and upon conviction thereof before any court 
of competent jurisdiction shall for each and every such offense 
be fined not less than $5 nor more than $100.]

           *       *       *       *       *       *       *

                              ----------                              


                         ACT OF AUGUST 30, 1937


    AN ACT To provide for the addition of certain lands to the Fort 
  Donelson National Military Park in the State of Tennessee, and for 
                            other purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following-described tracts or parcels of land, lying and being 
within the seventh civil district of Stewart County, Tennessee, 
are hereby transferred from the jurisdiction of the Secretary 
of War to the jurisdiction of the Secretary of the Interior as 
additions to the Fort Donelson National [Military Park] 
Battlefield, and shall hereafter be subject to all laws and 
rules and regulations applicable to said park:
  Tract numbered 1, a right-of-way, fifty feet wide, lying 
twenty-five feet on each side of a center line, beginning at a 
point in the southerly boundary line of lock D reservation, 
seven hundred and thirty-four and eight-tenths feet from the 
southwest corner of this reservation; thence south thirty-one 
degrees five minutes west seventy-seven and one-tenth feet, 
thence south eighty-six degrees twenty-one minutes west four 
hundred and seventy-nine and nine-tenths feet, thence south 
sixty-three degrees fifty-three minutes west two hundred and 
sixty-two and three-tenths feet, thence south thirty-nine 
degrees thirty-six minutes west one hundred and eighty-six and 
seven-tenths feet, thence south exactly forty minutes east 
exactly one hundred and ninety-four feet, thence south thirty 
degrees fifty-eight minutes east three hundred and fourteen and 
five-tenths feet, thence south twenty-eight degrees fifteen 
minutes east exactly eighty-five feet, thence south twenty-
eight degrees thirty-seven minutes east two hundred and fifty 
and five-tenths feet, thence south four degrees six minutes 
east two hundred and sixty-one and seven-tenths feet, thence 
south thirty-six degrees twenty-seven minutes east two hundred 
and eighty-two and three-tenths feet, thence south twenty-three 
degrees forty-five minutes east one hundred and seventy-eight 
and three-tenths feet to center line of county road, reserving, 
however, to the [War Department] Department of the Army the 
right to the continued use of the road over this tract as means 
of access to lock D.

           *       *       *       *       *       *       *

  Sec. 2. The Secretary of the Interior is hereby authorized to 
accept donations of land, interests in land, buildings, 
structures, and other property within a distance of one mile 
from the boundaries of said Fort Donelson National [Military 
Park] Battlefield, as hereby extended, and donations of funds 
for the purchase or maintenance thereof, the title and evidence 
of title to lands acquired to be satisfactory to the Secretary 
of the Interior: Provided, That he may acquire on behalf of the 
United States out of any donated funds, by purchase at prices 
deemed by him reasonable or by condemnation, such tracts of 
land within a distance of one mile from the boundaries of the 
[said national military park] Fort Donelson National 
Battlefield as may be necessary for the completion thereof. 
[Upon the acquisition of such land, the same shall become a 
part of the Fort Donelson National Military Park and shall be 
subject to the laws and rules and regulations applicable to 
said park.
  [Sec. 3. The administration, protection, and development of 
the lands hereby authorized to be added to the Fort Donelson 
National Military Park shall be exercised under the direction 
of the Secretary of the Interior by the National Park Service, 
subject to the provisions of the Act of August 25, 1916 (39 
Stat. 535), entitled ``An Act to establish a National Park 
Service, and for other purposes'', as amended.]
                              ----------                              


                        ACT OF SEPTEMBER 8, 1960


 AN ACT To revise the boundaries and change the name of Fort Donelson 
            National Military Park, and for other purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That in 
furtherance of the purposes of the Act entitled ``An Act to 
establish a national military park at the battlefield of Fort 
Donelson, Tennessee'', approved March 26, 1928 (16 U.S.C. 428 
and the following), and to facilitate an appropriate observance 
of the one hundredth anniversary of the Battle of Fort 
Donelson, the Secretary of the Interior is authorized to 
designate for addition to the present [Fort Donelson National 
Military Park] Fort Donelson National Battlefield such lands 
and interests in lands adjacent to said park as in his 
discretion are necessary to preserve and interpret this 
historic battle-ground, including the nearby historic Surrender 
House and the land upon which it is situated on Spring Street 
in the town of Dover, Tennessee[, but the total area 
commemorating the battle of Fort Donelson shall not exceed 600 
acres].

           *       *       *       *       *       *       *

  [Sec. 3. There is hereby authorized to be appropriated the 
sum of not to exceed $454,000 for the purpose of acquiring 
lands, interests in lands, and improvements thereon as may be 
necessary for carrying out this Act.
  [Sec. 4. Upon acquisition of the additional lands pursuant to 
authority contained in this Act, the Fort Donelson National 
Military Park shall be redesignated by the Secretary of the 
Interior as the Fort Donelson National Battlefield, notice 
thereof shall be published in the Federal Register, and any 
remaining balance of funds appropriated for purposes of the 
Fort Donelson National Military Park shall be available for the 
purposes of the Fort Donelson National Battlefield.
  [Sec. 5. The administration, protection, and development of 
the Fort Donelson National Battlefield shall be exercised by 
the Secretary of the Interior in accordance with the provisions 
of the Act entitled ``An Act to establish a National Park 
Service, and for other purposes'', approved August 25, 1916 (39 
Stat. 535), as amended.]

                                  
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