IB 

Union Calendar No. 328

108TH CONGRESS 

2D SESSION H. R. 646

[Report No. 108–563] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2003

Mr. WHITFIELD (for himself and Mr. TANNER) introduced the following bill; 

which was referred to the Committee on Resources 

JUNE 23, 2004

Additional sponsor: Mr. GORDON

JUNE 23, 2004

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 5, 2003] 

A BILL

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fort Donelson National 

5 Battlefield Act of 2004’’. 

6 SEC. 2. FORT DONELSON NATIONAL BATTLEFIELD. 

7 (a) DESIGNATION; PURPOSE.—There exists as a unit 

8 of the National Park System the Fort Donelson National 

9 Battlefield to commemorate—

10 (1) the Battle of Fort Donelson in February 

11 1862; and 

12 (2) the campaign conducted by General Ulysses 

13 S. Grant and Admiral Andrew H. Foote that resulted 

14 in the capture of Fort Donelson by Union forces. 

15 (b) BOUNDARIES.—The boundary of the Fort Donelson 

16 Battlefield is revised to include the site of Fort Donelson 

17 and associated land that has been acquired by the Secretary 

18 of the Interior for administration by the National Park 

19 Service, including Fort Donelson National Cemetery, in 

20 Stewart County, Tennessee, and the site of Fort Heiman 

21 and associated land in Calloway County, Kentucky, as gen22 erally depicted on the map entitled ‘‘Fort Donelson Na23 tional Battlefield Boundary Adjustment’’, numbered 328/

24 80024, and dated September 2003. The map shall be on file 
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1 and available for public inspection in the appropriate of2 fices of the National Park Service. 

3 (c) EXPANSION OF BOUNDARIES.—The Fort Donelson 

4 National Battlefield shall also include any land acquired 

5 pursuant to section 3. 

6 SEC. 3. LAND ACQUISITION RELATED TO FORT DONELSON 

7 NATIONAL BATTLEFIELD. 

8 (a) ACQUISITION AUTHORITY.—Subject to subsections 

9 (b) and (c), the Secretary of the Interior may acquire land, 

10 interests in land, and improvements thereon for inclusion 

11 in the Fort Donelson National Battlefield. Such land, inter12 ests in land, and improvements may be acquired by the Sec13 retary only by purchase from willing sellers with appro14 priated or donated funds, by donation, or by exchange with 

15 willing owners. 

16 (b) LAND ELIGIBLE FOR ACQUISITION.—The Secretary 

17 of the Interior may acquire land, interests in land, and im18 provements thereon under subsection (a)—

19 (1) within the boundaries of the Fort Donelson 

20 National Battlefield described in section 2(b); and 

21 (2) outside such boundaries if—

22 (A) the land has been identified by the 

23 American Battlefield Protection Program as part 

24 of the battlefield associated with Fort Donelson; 

25 or 
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1 (B) the Secretary otherwise determines that 

2 acquisition under subsection (a) will protect crit3 ical resources associated with the Battle of Fort 

4 Donelson in 1862 and the Union campaign that 

5 resulted in the capture of Fort Donelson. 

6 (c) BOUNDARY REVISION.—Upon acquisition of land 

7 or interests in land described in subsection (b)(2), the Sec8 retary of the Interior shall revise the boundaries of the Fort 

9 Donelson National Battlefield to include the acquired prop10 erty. 

11 (d) LIMITATION ON TOTAL ACREAGE OF PARK.—The 

12 total area encompassed by the Fort Donelson National Bat13 tlefield may not exceed 2,000 acres. 

14 SEC. 4. ADMINISTRATION OF FORT DONELSON NATIONAL 

15 BATTLEFIELD. 

16 The Secretary of the Interior shall administer the Fort 

17 Donelson National Battlefield in accordance with this Act 

18 and the laws generally applicable to units of the National 

19 Park System, including the Act of August 25, 1916 (com20 monly known as the National Park Service Organic Act; 

21 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (com22 monly known as the Historic Sites, Buildings, and Antiq23 uities Act; 16 U.S.C. 461 et seq.). 
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1 SEC. 5. RELATION TO LAND BETWEEN THE LAKES NA2 TIONAL RECREATION AREA. 

3 The Secretary of Agriculture and the Secretary of the 

4 Interior shall enter into a memorandum of understanding 

5 to facilitate cooperative protection and interpretation of the 

6 remaining vestiges of Fort Henry and other existing Civil 

7 War resources affiliated with the Fort Donelson campaign 

8 and located in the Land Between the Lakes National Recre9 ation Area. 

10 SEC. 6. REPEAL OF OBSOLETE PROVISIONS AND CON11 FORMING AMENDMENTS. 

12 (a) REPEALS.—

13 (1) 1928 LAW.—The first section and sections 2 

14 through 4, 6 through 8, and 10 of the Act of March 

15 26, 1928 (16 U.S.C. 428, 428a–428c, 428e–428g, and 

16 428i), are repealed. 

17 (2) 1937 LAW.—Section 3 of the Act of August 

18 30, 1937 (16 U.S.C. 428d–3), is repealed. 

19 (3) 1960 LAW.—Sections 4 and 5 of Public Law 

20 86–738 (16 U.S.C. 428n, 428o) are repealed. 

21 (b) CONFORMING AMENDMENTS.—

22 (1) 1928 LAW.—The Act of March 26, 1928, is 

23 amended—

24 (A) in section 5 (16 U.S.C. 428d), by strik25 ing ‘‘: Provided’’ and all that follows and insert26 ing a period; and 
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1 (B) in section 9 (16 U.S.C. 428h)—

2 (i) by striking ‘‘Fort Donelson Na3 tional Park’’ and inserting ‘‘Fort Donelson 

4 National Battlefield’’; and 

5 (ii) by striking ‘‘Secretary of War’’ 

6 and inserting ‘‘Secretary of the Interior’’. 

7 (2) 1937 LAW.—The Act of August 30, 1937, is 

8 amended—

9 (A) in the first section (16 U.S.C. 428d–

10 1)—

11 (i) by striking ‘‘Fort Donelson Na12 tional Military Park’’ and inserting ‘‘Fort 

13 Donelson National Battlefield’’; and 

14 (ii) by striking ‘‘War Department’’ 

15 and inserting ‘‘Department of the Army’’; 

16 and 

17 (B) in section 2 (16 U.S.C. 428d–2)—

18 (i) by striking ‘‘Fort Donelson Na19 tional Military Park’’ and inserting ‘‘Fort 

20 Donelson National Battlefield’’; 

21 (ii) by striking ‘‘said national mili22 tary park’’ and inserting ‘‘Fort Donelson 

23 National Battlefield’’; and 

24 (iii) by striking the last sentence. 
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1 (3) 1960 LAW.—Public Law 86–738 is amend2 ed—

3 (A) in section 1 (16 U.S.C. 428k), by strik4 ing ‘‘Fort Donelson National Military Park’’ 

5 and inserting ‘‘Fort Donelson National Battle6 field’’ and by striking ‘‘, but the total area com7 memorating the battle of Fort Donelson shall not 

8 exceed 600 acres’’; and 

9 (B) by striking section 3 (16 U.S.C. 428m). 
Union Calendar No. 328

108TH CONGRESS 

2D SESSION H. R. 646

[Report No. 108–563] 

A BILL

To expand the boundaries of the Fort Donelson 

in 1862, and for other purposes. campaign that resulted in the capture of the fort and interpretation of lands associated with the National Battlefield to authorize the acquisition 

JUNE 23, 2004

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,