PUBLIC LAW 108–367—OCT. 25, 2004 118 STAT. 1743

Public Law 108–367

108th Congress

An Act

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,

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.

16 USC 428p–1.

16 USC 428p.

Fort Donelson

National

Battlefield

Expansion Act of

2004.

Tennessee.

16 USC 428 note.

Oct. 25, 2004

[S. 524]

118 STAT. 1744 PUBLIC LAW 108–367—OCT. 25, 2004

(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.

Contracts.

16 USC 428p–2.

PUBLIC LAW 108–367—OCT. 25, 2004 118 STAT. 1745

LEGISLATIVE HISTORY—S. 524:

SENATE REPORTS: No. 108–230 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 150 (2004):

May 19, considered and passed Senate.

Oct. 8, considered and passed House.

Æ

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.’’.

Approved October 25, 2004.