Wilson's Creek National Battlefield Boundary Adjustment Act of 2004
PL 108-394 (H.R.4481), enacted 10/30/2004

118 STAT. 2247
PUBLIC LAW 108–394—OCT. 30, 2004
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.
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 ‘‘Wilson’s Creek National Battle-
field 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 fol-
lowing:
‘‘SECTION 1. WILSON’S CREEK NATIONAL BATTLEFIELD: ESTABLISH-
MENT 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
Wilson’s Creek
National
Battlefield
Boundary
Adjustment Act
of 2004.
16 USC 430kk
note.
Oct. 30, 2004
[H.R. 4481]
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118 STAT. 2248
PUBLIC LAW 108–394—OCT. 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.
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.
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