Fort Donelson National Battlefield Expansion Act of 2004
PL 108-367 (S.524), enacted 10/25/2004

118 STAT. 1743
PUBLIC LAW 108–367—OCT. 25, 2004
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]
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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 BATTLE-
FIELD.
The Secretary of the Interior shall administer the Fort Donelson
National Battlefield in accordance with this Act and the laws gen-
erally 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 RECRE-
ATION 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.
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118 STAT. 1745
PUBLIC LAW 108–367—OCT. 25, 2004
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.
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.
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