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.

February 5, 2003

Mr. WHITFIELD (for himself and Mr. TANNER) introduced the following bill; which was referred to the Committee on Resources

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 Act of 2003'.

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 Fort Donelson National Battlefield shall consist of 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 `XXXXXXXXX' numbered XXXXXXXXX, and dated XXXXXXXX. 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.

(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--

(A) the land has been identified by the American Battlefield Protection Program as part of the battlefield associated with Fort Donelson; or

(B) 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 BATTLEFIELD.

The Secretary of the Interior shall administer the Fort Donelson National Battlefield in accordance with this Act and the laws generally 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 RECREATION AREA.

The Secretary of Agriculture and the Secretary of the Interior shall enter into a memorandum of understanding to facilitate cooperative protection and interpretation of the remaining vestiges of Fort Henry and other existing Civil War resources affiliated with the Fort Donelson campaign and located in the Land Between the Lakes National Recreation Area.

SEC. 6. REPEAL OF OBSOLETE PROVISIONS AND CONFORMING AMENDMENTS.

(a) Repeals-

(1) 1928 LAW- The first section and sections 2 through 7 of the Act of March 26, 1928 (16 U.S.C. 428a-428f), are repealed.

(2) 1937 LAW- Section 3 of the Act of August 30, 1937 (16 U.S.C. 428d-3), is repealed.

(3) 1960 LAW- Sections 4 and 5 of Public Law 86-738 (16 U.S.C. 428n, 428o) are repealed.

(b) CONFORMING AMENDMENTS-

(1) 1928 LAW- The Act of March 26, 1928, is amended--

(A) in section 8 (16 U.S.C. 428g), by striking `Secretary of War' and inserting `Secretary of the Interior';

(B) in section 9 (16 U.S.C. 428h)--

(i) by striking `Fort Donelson National Park' and inserting `Fort Donelson National Battlefield'; and

(ii) by striking `Secretary of War' and inserting `Secretary of the Interior'; and

(C) in section 10 (16 U.S.C. 428i), by striking `Secretary of War' and inserting `Secretary of the Interior'.

(2) 1937 LAW- The Act of August 30, 1937, is amended--

(A) in the first section (16 U.S.C. 428d-1)--

(i) by striking `Fort Donelson National Military Park' and inserting `Fort Donelson National Battlefield'; and

(ii) by striking `War Department' and inserting `Department of the Army'; and

(B) in section 2 (16 U.S.C. 428d-2)--

(i) by striking `Fort Donelson National Military Park' and inserting `Fort Donelson National Battlefield';

(ii) by striking `said national military park' and inserting `Fort Donelson National Battlefield'; and

(iii) by striking the last sentence.

(3) 1960 LAW- The first section of Public Law 86-738 (16 U.S.C. 428k) is amended--

(A) by striking `Fort Donelson National Military Park' and inserting `Fort Donelson National Battlefield'; and

(B) by striking `, but the total area commemorating the battle of Fort Donelson shall not exceed 600 acres'.

END