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[108th Congress Public Law 394]
[From the U.S. Government Printing Office]

[DOCID: f:publ394.108]

[[Page 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

[[Page 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):
---------------------------------------------------------------------------

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.

                                  <all>
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