---
kind: "range"
citation: "16 U.S.C. §§ 428–428d"
title: "16"
from: "428"
to: "428d"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/16/428..428d"
---

# §428. Fort Donelson National Battlefield; establishment; appointment of commission


A [commission](/usc/16/410cc–1.md?p=3) is created, to be composed of the following members, who shall be appointed by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior:

- (1) A commissioned officer of the [Corps](/usc/16/1722.md?p=2) of Engineers, United States Army;
- (2) A veteran of the Civil War who served honorably in the military forces of the United States; and
- (3) A veteran of the Civil War who served honorably in the military forces of the Confederate [States](/usc/16/544.md?p=r) of America.

# §428a. Qualifications of members of commission


In appointing the members of the [commission](/usc/16/410cc–1.md?p=3) created by [section 428 of this title](/usc/16/428.md) the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall, as far as practicable, select [persons](/usc/16/450rr–1.md?p=b) familiar with the terrain of the battlefield of Fort Donelson, Tennessee, and the historical events associated therewith.


# §428b. Duties of commission


It shall be the duty of the [commission](/usc/16/410cc–1.md?p=3), acting under the direction of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, to inspect the battlefield of Fort Donelson, Tennessee, and to carefully study the available records and historical data with respect to the location and movement of all troops which engaged in the Battle of Fort Donelson, and the important events connected therewith, with a view of preserving and marking such field for historical and professional military study.


# §428c. Assistants to commission; expenses of commission


The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized to assign any officials of the Interior Department to the assistance of the [commission](/usc/16/410cc–1.md?p=3) if he deems it advisable. He is authorized to pay the reasonable expenses of the [commission](/usc/16/410cc–1.md?p=3) and their assistants incurred in the actual performance of the duties herein imposed upon them.


# §428d. Receipt of report of commission by Secretary of the Interior; acquisition of land for battlefield; other duties of Secretary


Upon receipt of the report of said [commission](/usc/16/410cc–1.md?p=3) the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized and directed to [acquire](/usc/16/620e.md?p=1), by purchase, when purchasable at prices deemed by him reasonable, otherwise by condemnation, such tract or tracts of lands as are recommended by the [commission](/usc/16/410cc–1.md?p=3) as necessary and desirable for a national battlefield; to establish and substantially mark the boundaries of the said battlefield; to definitely mark all lines of battle and locations of troops within the boundaries of the battlefield and erect substantial historical tablets at such points within the battlefield and in the vicinity of the battlefield and its approaches as are recommended by the [commission](/usc/16/410cc–1.md?p=3), together with such other points as the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may deem appropriate; to construct the necessary roads and walks, plant trees and shrubs, restore and care for the grounds, including the [restoration](/usc/16/6456.md?p=2) and maintenance of those portions of old Fort Donelson, and of the Confederate water batteries that are located on the present engineer reservation: Provided, That the entire cost of acquiring said land, including cost of condemnation proceedings, if any, ascertainment of title, surveys, and compensation for the land, the cost of marking the battlefield, the expenses of the [commission](/usc/16/410cc–1.md?p=3), and the establishment of the national battlefield shall not exceed the sum of $50,000.