[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

118 STAT. 2247

Public Law 108-394
108th Congress

An Act


 
To amend Public Law 86-434 establishing Wilson's Creek National
Battlefield in the State of Missouri to expand the boundaries of the
park, and for other purposes. NOTE: Oct. 30, 2004 -  [H.R. 4481]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, NOTE: Wilson's Creek
National Battlefield Boundary Adjustment Act of 2004. 16 USC 430kk
note.

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Wilson's Creek National Battlefield
Boundary Adjustment Act of 2004''.

SEC. 2. EXPANSION OF BOUNDARIES, WILSON'S CREEK NATIONAL BATTLEFIELD,
MISSOURI.

(a) Boundary Expansion; Private Property Protections.--The first
section of Public Law 86-434 (16 U.S.C. 430kk) is amended--
(1) by striking ``That the Secretary'' and inserting the
following:

``SECTION 1. WILSON'S CREEK NATIONAL BATTLEFIELD: ESTABLISHMENT AND
ACQUISITION OF LANDS.

``(a) Establishment, Initial Boundaries.--The Secretary''; and
(2) by adding at the end the following new subsections:

``(b) Expansion of Boundaries.--(1) The boundaries of the Wilson's
Creek National Battlefield are revised to include lands and interests
therein consisting of six parcels totaling 615 acres and identified as
parcels `1, 2, 3, 4, 5, and 6' on the map entitled `Wilson's Creek
National Battlefield Proposed Boundary', numbered 410/80,037 and dated
January 27, 2004. The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
``(2) The Secretary is authorized to acquire the lands referred to
in paragraph (1) by donation, by purchase from willing sellers with
donated or appropriated funds, or by exchange. The Secretary may acquire
by the same methods personal property associated with, and appropriate
for, interpretation of the park.
``(c) Access to Private Property.--Nothing in this Act shall be
construed to--
``(1) require any private property owner to allow public
access (including Federal, State, or local government access) to
such private property; or
``(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.

``(d) Liability.--The revision of the boundaries of the Wilson's
Creek National Battlefield by subsection (b) shall not be considered


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118 STAT. 2248

to create any liability for, or to have any effect on any liability
under any other law of, any owner of private property with respect to
any person injured on that private property.
``(e) Recognition of Authority to Control Land Use.--Nothing in this
Act shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
``(f) Participation of Private Property Owners.--Nothing in this Act
shall be construed to require the owner of any private property located
within the boundaries of the Wilson's Creek National Battlefield to
participate in, or be associated with, the National Battlefield.
``(g) Effect of Expansion.--The boundaries of the Wilson's Creek
National Battlefield, as revised by subsection (b), represent the area
within which Federal funds appropriated for the purpose of this Act may
be expended. The boundary revision shall not be construed to provide any
nonexisting regulatory authority on land use within the National
Battlefield or its viewshed by the Secretary or the National Park
Service.''.
(b) Authorization of Appropriations.--Section 3 of such Act (16
U.S.C. 430mm) is amended by adding at the end the following new
sentence: ``There are authorized to be appropriated such sums as may be
necessary to carry out section 1(b).''.

Approved October 30, 2004.

LEGISLATIVE HISTORY--H.R. 4481 (S. 2432):
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HOUSE REPORTS: No. 108-651 (Comm. on Resources).
SENATE REPORTS: No. 108-371 accompanying S. 2432 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 13, considered and passed House.
Oct. 10, considered and passed Senate.