IIB 

108TH CONGRESS 

2D SESSION H. R. 4481 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 14, 2004 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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HR 4481 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Wilson’s Creek Na3 tional Battlefield Boundary Adjustment Act of 2004’’. 

4 SEC. 2. EXPANSION OF BOUNDARIES, WILSON’S CREEK NA5 TIONAL BATTLEFIELD, MISSOURI. 

6 (a) BOUNDARY EXPANSION; PRIVATE PROPERTY

7 PROTECTIONS.—The first section of Public Law 86–434 

8 (16 U.S.C. 430kk) is amended— 

9 (1) by striking ‘‘That the Secretary’’ and in10 serting the following: 

11 ‘‘SECTION 1. WILSON’S CREEK NATIONAL BATTLEFIELD: ES12 TABLISHMENT AND ACQUISITION OF LANDS. 

13 ‘‘(a) ESTABLISHMENT, INITIAL BOUNDARIES.—The 

14 Secretary’’; and 

15 (2) by adding at the end the following new sub16 sections: 

17 ‘‘(b) EXPANSION OF BOUNDARIES.—(1) The bound18 aries of the Wilson’s Creek National Battlefield are revised 

19 to include lands and interests therein consisting of six par20 cels totaling 615 acres and identified as parcels ‘1, 2, 3, 

21 4, 5, and 6’ on the map entitled ‘Wilson’s Creek National 

22 Battlefield Proposed Boundary’, numbered 410/80,037 

23 and dated January 27, 2004. The map shall be on file 

24 and available for public inspection in the appropriate of25 fices of the National Park Service. 
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1 ‘‘(2) The Secretary is authorized to acquire the lands 

2 referred to in paragraph (1) by donation, by purchase 

3 from willing sellers with donated or appropriated funds, 

4 or by exchange. The Secretary may acquire by the same 

5 methods personal property associated with, and appro6 priate for, interpretation of the park. 

7 ‘‘(c) ACCESS TO PRIVATE PROPERTY.—Nothing in 

8 this Act shall be construed to— 

9 ‘‘(1) require any private property owner to 

10 allow public access (including Federal, State, or local 

11 government access) to such private property; or 

12 ‘‘(2) modify any provision of Federal, State, or 

13 local law with regard to public access to or use of 

14 private property. 

15 ‘‘(d) LIABILITY.—The revision of the boundaries of 

16 the Wilson’s Creek National Battlefield by subsection (b) 

17 shall not be considered to create any liability for, or to 

18 have any effect on any liability under any other law of, 

19 any owner of private property with respect to any person 

20 injured on that private property. 

21 ‘‘(e) RECOGNITION OF AUTHORITY TO CONTROL

22 LAND USE.—Nothing in this Act shall be construed to 

23 modify the authority of Federal, State, or local govern24 ments to regulate land use. 
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HR 4481 RFS 

1 ‘‘(f) PARTICIPATION OF PRIVATE PROPERTY OWN2 ERS.—Nothing in this Act shall be construed to require 

3 the owner of any private property located within the 

4 boundaries of the Wilson’s Creek National Battlefield to 

5 participate in, or be associated with, the National Battle6 field. 

7 ‘‘(g) EFFECT OF EXPANSION.—The boundaries of 

8 the Wilson’s Creek National Battlefield, as revised by sub9 section (b), represent the area within which Federal funds 

10 appropriated for the purpose of this Act may be expended. 

11 The boundary revision shall not be construed to provide 

12 any nonexisting regulatory authority on land use within 

13 the National Battlefield or its viewshed by the Secretary 

14 or the National Park Service.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 3 of such Act (16 U.S.C. 430mm) is amended by adding 

17 at the end the following new sentence: ‘‘There are author18 ized to be appropriated such sums as may be necessary 

19 to carry out section 1(b).’’. 

Passed the House of Representatives September 13, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk.