[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4821 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4821

    To establish the Honey Springs National Battlefield and Washita 
 Battlefield National Historic Site in the State of Oklahoma, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 1994

 Mr. Synar  (for himself and Mr. Lucas) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To establish the Honey Springs National Battlefield and Washita 
 Battlefield National Historic Site in the State of Oklahoma, 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 ``Honey Springs National Battlefield 
and Washita Battlefield National Historic Site Act of 1994''.

SEC. 2. FINDINGS.

    (a) Findings.--The Congress finds that:
            (1) The Battle of Honey Springs, July 17, 1863, was the 
        pivotal battle fought between Union and Confederate forces in 
        the Indian Territory (Oklahoma). Union victory at Honey Springs 
        prevented the Confederates from capturing Fort Gibson and 
        resulted in Union control of the Indian Territory for the 
        remainder of the war.
            (2) The Battle of Honey Springs represents more than the 
        pinnacle of Confederate control in the Indian Territory, it was 
        a multi-racial engagement where African-Americans, Indians from 
        the Five Civilized Tribes, Anglos, and Hispanics fought with 
        and against each other. No other Civil War battle claims such a 
        distinction.
            (3) The Battle of Honey Springs pitted Indians against 
        Indians and symbolizes the bitter Civil War strife throughout 
        the Indian Territory where no less than 90 battles were fought 
        and where many of the soldiers were Indians.
            (4) The battlefield retains much of its historical 
        integrity and natural setting. Traces of the Texas Road, one of 
        the major north-south corridors linking Texas with the midwest, 
        bisects the battlefield. Much of the fighting at Honey Springs 
        occurred along or near the Texas Road.
            (5) The Battle of the Washita, November 27, 1868, was one 
        of the largest engagements between Plains tribes and the United 
        States Army on the southern Great Plains. The site is a 
        registered National Historic Landmark.
            (6) Lt. Colonel George A. Custer, leading the 7th United 
        States Cavalry, attacked the sleeping Cheyenne village of peace 
        chief Black Kettle. Custer's attack resulted in more than 150 
        Indian casualties, many of them women and children.
            (7) The Battle of the Washita symbolizes the struggle of 
        the southern Great Plains tribes to maintain their traditional 
        ways of life and not to submit to reservation confinement.
            (8) The Washita battle site possesses a high degree of 
        integrity and the cultural landscape is essentially intact. The 
        Cheyenne village site has not been altered substantially except 
        by periodic flooding of the Washita River.

              TITLE 1--HONEY SPRINGS NATIONAL BATTLEFIELD

SEC. 101. PURPOSE.

    The purposes of this title are to--
            (1) recognize the importance of the Battle of Honey Springs 
        as a nationally significant element of the Civil War history of 
        our Nation;
            (2) establish Honey Springs as a national battlefield to 
        preserve, protect, and interpret its national, historical, and 
        cultural resources for the benefit, inspiration, and education 
        of the people of the United States; and
            (3) commemorate the role of American Indians and African 
        Americans in the bitter Civil War struggles that occurred in 
        the Indian Territory and provide opportunities for American 
        Indian representatives and other groups to be involved in the 
        formulation of educational programs for the national 
        battlefield.

SEC. 102. ESTABLISHMENT.

    (a) In General.--In order to provide for the preservation and 
interpretation of the Civil War battlefield of Honey Springs, there is 
hereby established the Honey Springs National Battlefield in the State 
of Oklahoma (hereafter in this Act referred to as the ``national 
battlefield'').
    (b) Boundary.--(1) The national battlefield shall consist of 
approximately 3,300 acres as generally depicted on the map entitled 
``Honey Springs National Battlefield,'' numbered __________ and dated 
__________ 1994. This map shall be on file in the offices of the 
Director of the National Park Service, Department of the Interior, the 
State of Oklahoma, and other appropriate Federal and State offices. 
After advising the Committee on Natural Resources of the United States 
House of Representatives and the Committee on Energy and Natural 
Resources of the United States Senate, and the congressional office(s) 
where the battlefield parks are located, in writing, the Secretary may, 
from time to time, make minor revisions in the boundary of the national 
battlefield in accordance with the general management plan developed 
under section 105 of this Act by publishing of a revised map or other 
boundary description in the Federal Register.
    (2) By January 1, 1996, the Secretary shall submit, in writing, to 
the committees referred to in subsection (b), the congressional 
office(s) where the battlefield parks are located, and to the 
Committees on Appropriations of the United States Congress a detailed 
plan which shall indicate--
            (A) the lands and areas identified in this section,
            (B) the lands which have previously been acquired by 
        purchase, donation, exchange, or transfer for the purpose of 
        this battlefield park,
            (C) the annual acquisition program (including the level of 
        funding) recommended for the ensuing five years, and
            (D) the final boundary map for the battlefield park.

SEC. 103. ADMINISTRATION.

    (a) In General.--The Secretary, acting through the Director of the 
National Park Service, shall manage the national battlefield in 
accordance with this Act and with provisions of law generally 
applicable to units of the National Park System, including the Act 
entitled ``An Act to establish a National Park Service,'' approved 
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), and the Act of August 
21, 1935 (49 Stat. 666; 16 U.S.C. 461-467), and for other purposes.
    (b) Management Purposes.--
            (1) To protect and preserve the national battlefield, 
        including the topographic features important to the battle 
        sites, particularly the remaining traces of the ``Texas Road'' 
        and the fords along Elk Creek, artifacts and other physical 
        remains of the battle, and the visual scene as closely as 
        possible as it was at the time of the battle.
            (2) To interpret the cultural and natural resources of the 
        national battlefield, providing for public understanding and 
        appreciation of the area in such a manner as to perpetuate 
        these qualities and values for future generations.
    (c) Cooperative Agreements.--The Secretary may enter into 
cooperative agreements with State and local public departments and 
agencies, Indian tribes, African-American organizations, and nonprofit 
entities to--
            (1) provide technical assistance for the management, 
        protection, and interpretation of the national battlefield; and
            (2) provide grants for the annual costs of operation and 
        maintenance, protection, preservation, and rehabilitation of 
        the national battlefield.

SEC. 104. ACQUISITION OF PROPERTY.

    Within the national battlefield boundary established by section 
102(b) of this Act, the Secretary is authorized to acquire lands and 
interest in lands by donation, purchase with donated or appropriated 
funds, or exchange. Lands or interest in lands owned by the State of 
Oklahoma or any political subdivision thereof may be acquired only by 
donation.
            (1) Except for property which the Secretary determines to 
        be necessary for the purposes of administration, development, 
        access or public use, an owner or owners (hereafter referred to 
        as ``owner'') of any improved property which is used solely for 
        noncommercial residential purposes on the date of its 
        acquisition by the Secretary or any owner of lands used solely 
        for agricultural purposes (including, but not limited to, 
        grazing) may retain, as a condition of the acquisition of such 
        property or lands, a right of use and occupancy of such 
        property for such residential or agricultural purposes. The 
        term of the right retained shall expire upon the death of the 
        owner or the death of his or her spouse, whichever occurs 
        later, or in lieu thereof, after a definite term which shall 
        not exceed twenty-five years after the date of acquisition. The 
        owner shall elect, at the time of conveyance, the term of the 
        right reserved. The Secretary shall pay the owner the fair 
        market value of the property on the date of such acquisition, 
        less the fair market value of the term retained by the owner. 
        Such right may, during its existence, be conveyed or 
        transferred, but all rights of use and occupancy shall be 
        subject to such terms and conditions as the Secretary deems 
        appropriate to assure the use of such property in accordance 
        with the purposes of this Act. Upon a determination that the 
        property or any portion thereof, has ceased to be used in 
        accordance with such terms and conditions, the Secretary may 
        terminate the right of use and occupancy by tendering to the 
        holder of such right an amount equal to fair market value, as 
        of the date of the tender, of that portion of the right which 
        remains unexpired on the date of termination.
            (2) As used in this section, the term ``improved property'' 
        means a detached year-round one-family dwelling which serves as 
        the owner's permanent place of abode at the time of 
        acquisition, and construction of which was begun before July 
        22, 1994, together with so much of the land on which the 
        dwelling is situated, the said land being in the same ownership 
        as the dwelling, as the Secretary shall designate to be 
        reasonably necessary for the enjoyment of the dwelling for the 
        sole purpose of noncommercial residential use.

SEC. 105. MANAGEMENT PLAN.

    (a) Within three years after the date funds are made available, the 
National Park Service shall develop and transmit to the Committee on 
Energy and Natural Resources of the United States Senate and the 
Committee on Natural Resources of the United States House of 
Representatives, a general management plan for the national battlefield 
consistent with the purposes of this Act, including, but not limited 
to--
            (1) a cultural resource protection program for the 
        preservation of historic properties (including historic 
        landscapes, objects, structures, and other types of sites), and 
        natural values;
            (2) a visitor use plan for programs and facilities that 
        will be provided for public use, including the location and 
        cost of public facilities;
            (3) a research and curation plan;
            (4) a roadway signing plan and educational media, to aid 
        visitor use;
            (5) access to the national battlefield and private 
        cemeteries contained therein, and ways of providing safe, high 
        standard highway access; and
            (6) educational programs and management direction that 
        address the roles of American Indians, African-Americans, and 
        Hispanics in the battle and the Civil War, and the story of the 
        old ``Texas Road.''
    (b) The general management plan shall be prepared in consultation 
with the Honey Springs National Battlefield Advisory Commission 
established pursuant to section 106 of this Act and the State of 
Oklahoma.

SEC. 106. HONEY SPRINGS NATIONAL BATTLEFIELD ADVISORY COMMISSION.

    (a) There is hereby established the Honey Springs National 
Battlefield Advisory Commission (hereinafter in this Act referred to as 
the ``Commission''). The Commission shall be composed of members 
appointed by the Secretary for terms of five years as follows:
            (1) One member who shall have professional expertise in 
        Civil War history.
            (2) One member who shall have professional expertise in 
        Indian history or ceremonial activities.
            (3) One member who shall have professional expertise in 
        African-American history.
            (4) One member who shall have professional expertise in 
        outdoor recreation.
            (5) One member who shall be an affected landowner from the 
        Oktaha community.
            (6) One member who shall be an affected landowner from the 
        Rentiesville community.
            (7) One member who shall have professional expertise in 
        cultural anthropology.
            (8) One member from the Friends of Honey Springs 
        Battlefield Park, Inc.
            (9) One member from the general public.
            (10) The Executive Director of the Oklahoma Historical 
        Society, or his or her designee, ex officio.
            (11) The Director of the National Park Service, or his or 
        her designee, ex officio.
    (b) Any member of the Commission may serve after the expiration of 
his or her term until a successor is appointed. A vacancy in the 
Commission shall be filed in the same manner in which the original 
appointment was made.
    (c) Members of the Commission shall serve without pay. While away 
from their homes or regular places of business in the performance of 
services for the Commission, members of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, in the same 
manner as persons employed intermittently in Government service are 
allowed expenses under section 5703 of title 5, United States Code.
    (d) The Chair and other officers of the Commission shall be elected 
by a majority of the members of the Commission to serve for terms 
established by the Commission.
    (e) The Commission shall meet at the call of the Chair or a 
majority of its members, but not less than twice annually. Six members 
of the Commission shall constitute a quorum. Consistent with the public 
meeting requirements of section 10 of the Federal Advisory Committee 
Act (5 U.S.C. App.), the Commission shall, from time to time, meet with 
persons concerned with Indian history and historic preservation, and 
with other interested persons.
    (f) The Commission may make such bylaws, rules, and regulations as 
it considers necessary to carry out its functions under this Act. 
Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.), 
shall not apply to the Commission.
    (g) The Commission shall advise the Secretary and the State of 
Oklahoma on the management and development of the park, and on the 
preparation of the general management plan referred to in section 105. 
The Secretary, or his or her designee, shall from time to time, but at 
least semiannually, meet and consult with the Commission on matters 
relating to the management and development of the park.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this Act.

          TITLE II--WASHITA BATTLEFIELD NATIONAL HISTORIC SITE

SEC. 201. PURPOSE.

    The purposes of this title are to--
                    (1) recognize the importance of the Battle of the 
                Washita as a nationally significant element of frontier 
                military history and as a symbol of the struggles of 
                the southern Great Plains Tribes to maintain control of 
                their traditional use areas; and
                    (2) establish the site of the Battle of the Washita 
                as a national historic site and provide opportunities 
                for American Indian groups including the Cheyenne-
                Arapaho Tribe to be involved in the formulation of 
                plans and educational programs for the national 
                historic site.

SEC. 202. ESTABLISHMENT.

    (a) In General.--In order to provide for the preservation and 
interpretation of the Battle of the Washita, there is hereby 
established the Washita Battlefield National Historic Site in the State 
of Oklahoma (hereafter in this Act referred to as the ``national 
historic site'').
    (b) Boundary.--The national historic site shall consist of 
approximately 2,900 acres as generally depicted on the map entitled 
``Washita Battlefield National Historic Site'', numbered __________ and 
dated __________ 1994. This map shall be on file in the offices of the 
Director of the National Park Service, Department of the Interior, the 
State of Oklahoma, and other appropriate offices of the Service. The 
Secretary may, from time to time, make minor revisions in the boundary 
of the national historic site in accordance with the general management 
plan developed under section 205 of this Act by publishing of a revised 
map or other boundary description in the Federal Register.

SEC. 203. ADMINISTRATION.

    (a) In General.--The Secretary, acting through the Director of the 
National Park Service, shall manage the national historic site in 
accordance with this Act and the provisions of law generally applicable 
to units of the National Park System, including the Act entitled ``An 
Act to establish a National Park Service,'' approved August 25, 1916 
(39 Stat. 535; 16 U.S.C. 1, 2-4), and the Act of August 21, 1935 (49 
Stat. 666; 16 U.S.C. 461-467), and for other purposes.
    (b) Management Purposes.--The park shall be managed for these 
purposes, among others:
            (1) To protect and preserve the national historic site, 
        including the topographic features important to the battle 
        site, artifacts and other physical remains of the battle, and 
        the visual scene as closely as possible as it was at the time 
        of the battle.
            (2) To interpret the cultural and natural resources of the 
        national battlefield, providing for public understanding and 
        appreciation of the area in such a manner as to perpetuate 
        these qualities and values for future generations.
    (c) Consultation and Training.--The Secretary, acting through the 
Director of the National Park Service, shall consult regularly with the 
Cheyenne-Arapaho Tribe on the formulation of the management plan 
pursuant to section 205 of this Act and on preparation of educational 
programs provided to the public. The Secretary is authorized to enter 
into cooperative agreements with the Cheyenne-Arapaho Tribe, its 
subordinate boards, committees, and enterprises to further the purposes 
of this Act.
    (d) Cooperative Agreements.--The Secretary may enter into 
cooperative agreements with State and local public departments and 
agencies, Indian tribes, and nonprofit entities to--
            (1) provide technical assistance for the management, 
        protection, and interpretation of the national battlefield; and
            (2) provide grants for the annual costs of operation and 
        maintenance, protection, preservation, and rehabilitation of 
        the national battlefield.

SEC. 204. ACQUISITION OF PROPERTY.

    Within the national battlefield boundary established by section 
202(b) of this Act, the Secretary is authorized to acquire lands and 
interest in lands by donation, purchase with donated or appropriated 
funds, or exchange. Lands or interest in lands owned by the State of 
Oklahoma or any political subdivision thereof may be acquired only by 
donation.
            (1) Except for property which the Secretary determines to 
        be necessary for the purposes of administration, development, 
        access or public use, an owner or owners (hereafter referred to 
        as ``owner'') of any improved property which is used solely for 
        noncommercial residential purposes on the date of its 
        acquisition by the Secretary or any owner of lands used solely 
        for agricultural purposes (including, but not limited to, 
        grazing) may retain, as a condition of the acquisition of such 
        property or lands, a right of use and occupancy of such 
        property for such residential or agricultural purposes. The 
        term of the right retained shall expire upon the death of the 
        owner or the death of his or her spouse, whichever occurs 
        later, or in lieu thereof, after a definite term which shall 
        not exceed twenty-five years after the date of acquisition. The 
        owner shall elect, at the time of conveyance, the term of the 
        right reserved. The Secretary shall pay the owner the fair 
        market value of the property on the date of such acquisition, 
        less the fair market value of the term retained by the owner. 
        Such right may, during its existence, be conveyed or 
        transferred, but all rights of use of occupancy shall be 
        subject to such terms and conditions as the Secretary deems 
        appropriate to assure the use of such property in accordance 
        with the purposes of this Act. Upon a determination that the 
        property, or any portion thereof, has ceased to be used in 
        accordance with such terms and conditions, the Secretary may 
        terminate the right of use and occupancy by tendering to the 
        holder of such right an amount equal to fair market value, as 
        of the date of the tender, of that portion of the right which 
        remains unexpired on the date of termination.
            (2) As used in this section, the term ``improved property'' 
        means a detached year-round one-family dwelling which serves as 
        the owner's permanent place of abode at the time of 
        acquisition, and construction of which was begun before July 
        22, 1994, together with so much of the land on which the 
        dwelling is situated, the said land being in the same ownership 
        as the dwelling, as the Secretary shall designate to be 
        reasonably necessary for the enjoyment of the dwelling for the 
        sole purpose of noncommercial residential use.

SEC. 205. MANAGEMENT PLAN.

    (a) Within three years after the date funds are made available, the 
National Park Service shall develop and transmit to the Committee on 
Energy and Natural Resources of the United States Senate and the 
Committee on Natural Resources of the United States House of 
Representatives, a general management plan for the national historic 
site consistent with the purposes of this Act, including, but not 
limited to--
            (1) a cultural resource protection program for the 
        preservation of historic properties (including historic 
        landscapes, objects, structures, and other types of sites), and 
        natural values;
            (2) a visitor use plan for programs and facilities that 
        will be provided for public use, including the location and 
        cost of public facilities;
            (3) a research and curation plan;
            (4) a highway signing program; and
            (5) involvement by the Cheyenne-Arapaho Tribe in the 
        formulation of educational programs for the national historic 
        site.
    (b) The general management plan shall be prepared in consultation 
with the Washita Battlefield National Historic Site Advisory Commission 
established pursuant to section 206 of this Act and the State of 
Oklahoma.

SEC. 206. WASHITA BATTLEFIELD NATIONAL HISTORIC SITE ADVISORY 
              COMMISSION.

    (a) There is hereby established the Washita Battlefield National 
Historic Site Advisory Commission (hereinafter in this Act referred to 
as the ``Commission''). The Commission shall be composed of members 
appointed by the Secretary for terms of five years as follows:
            (1) One member who shall have professional expertise in 
        Indian history or ceremonial activities.
            (2) One member who shall have professional expertise in 
        outdoor recreation.
            (3) One member who shall be an affected landowner.
            (4) One member who shall have professional expertise in 
        cultural anthropology.
            (5) One member from the Washita Battlefield preservation 
        association.
            (6) One member from the general public.
            (7) The Executive Director of the Oklahoma Historical 
        Society, or his or her designee, ex officio.
            (8) The Director of the National Park Service, or his or 
        her designee, ex officio.
    (b) Any member of the Commission may serve after the expiration of 
his or her term until a successor is appointed. A vacancy in the 
Commission shall be filled in the same manner in which the original 
appointment was made.
    (c) Members of the Commission shall serve without pay. While away 
from their homes or regular places of business in the performance of 
services for the Commission, members of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, in the same 
manner as persons employed intermittently in Government service are 
allowed expenses under section 5703 of title 5, United States Code.
    (d) The Chair and other officers of the Commission shall be elected 
by a majority of the members of the Commission to serve for terms 
established by the Commission.
    (e) The Commission shall meet at the call of the Chair or a 
majority of its members, but not less than twice annually. Six members 
of the Commission shall constitute a quorum. Consistent with the public 
meeting requirements of section 10 of the Federal Advisory Committee 
Act (5 U.S.C. App.), the Commission shall, from time to time, meet with 
persons concerned with Indian history and historic preservation, and 
with other interested persons.
    (f) The Commission may make such bylaws, rules, and regulations as 
it considers necessary to carry out its functions under this Act. 
Section 14(b) of the Federal Advisory Commission Act (5 U.S.C. App.) 
shall not apply to the Commission.
    (g) The Commission shall advise the Secretary and the State of 
Oklahoma on the management and development of the park, and on the 
preparation of the general management plan referred to in section 6. 
The Secretary, or his or her designee, shall from time to time, but a 
least semiannually, meet and consult with the Commission on matters 
relating to the management and development of the park.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this Act.
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HR 4821 IH----2