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16 U.S.C. § 428p–1Land acquisition related to Fort Donelson National Battlefield

submitted 22 years ago by Pub. L. 108-367 to r/title-16-CONSERVATION · 222 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can buy more land for the battlefield, but only from willing sellers. This includes land outside the current boundary if it's tied to the battle or campaign. The battlefield's total size can never exceed 2,000 acres.

(a) Acquisition authority Subject to the limits in subsections (b) and (c), the Secretary of the Interior may acquire land, interests in land, and improvements on that land for the battlefield. The Secretary can only do this in three ways: buying from a willing seller using appropriated or donated money, accepting a donation, or trading with a willing owner. The Secretary cannot use condemnation here. (b) Land eligible for acquisition The Secretary may acquire land under subsection (a) in two situations. First, the land can be within the battlefield boundaries described in section 428p(b). Second, the land can be outside those boundaries — but only if the American Battlefield Protection Program has identified it as part of the battlefield connected to Fort Donelson, or if the Secretary otherwise decides that acquiring it will protect resources critical to the 1862 Battle of Fort Donelson and the Union campaign that captured the fort. (c) Boundary revision Whenever the Secretary acquires land or land interests under subsection (b)(2) — meaning land outside the original boundary — the Secretary must revise the battlefield's boundaries to include that newly acquired property. (d) Limitation on total acreage of park No matter how much land is added, the Fort Donelson National Battlefield's total area can never be more than 2,000 acres.
the actual law source: uscode.house.gov ↗public domain
(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 428p(b) of this title; 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.

Source credit: (Pub. L. 108–367, § 3, Oct. 25, 2004, 118 Stat. 1743.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-367 · 118 Stat. 1743

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-367 on 2004-10-25.

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