[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2122 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2122

   To establish the Fallen Timbers Battlefield, Fort Meigs, and Fort 
         Miamis National Historical Site in the State of Ohio.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 1996

  Mr. DeWine introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To establish the Fallen Timbers Battlefield, Fort Meigs, and Fort 
         Miamis National Historical Site in the State of Ohio.

    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 ``Fallen Timbers Battlefield, Fort 
Meigs, and Fort Miamis National Historical Site Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the 185-acre Fallen Timbers Battlefield is the site of 
        the 1794 battle between General Anthony Wayne and a 
        confederation of Native American tribes;
            (2) Fort Meigs was constructed in January 1813, following 
        the defeat of American troops commanded by James Winchester at 
        the battle of Frenchtown near Monroe, Michigan;
            (3) British troops, led by General Henry Proctor, landed at 
        Fort Miamis in the spring of 1813 and attacked the fort twice, 
        without success;
            (4) Fort Meigs State Memorial is located in Wood County, 
        Ohio, in the city of Perrysburg;
            (5) Fort Miamis and the Fallen Timbers Battlefield are in 
        Lucas County, Ohio, in the city of Maumee;
            (6) the 9-acre Fallen Timbers Battlefield Monument is 
        listed as a National Historic Landmark;
            (7) in 1969, Fort Meigs was listed on the National Register 
        of Historic Places and designated as a National Historic 
        Landmark;
            (8) Fort Miamis is listed in the National Register of 
        Historic Places as a historic site;
            (9) in 1959, the Battle of Fallen Timbers was included in 
        the National Survey of Historic Sites and Buildings as 1 of 22 
        sites representing the ``Advance of the Frontier, 1763-1830''; 
        and
            (10) in 1960, the Battle of Fallen Timbers was designated 
        as a National Historic Landmark.
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize and preserve the 185-acre Fallen Timbers 
        Battlefield site;
            (2) to formalize the linkage of the Fallen Timbers 
        Battlefield and Monument to Fort Miamis and Fort Meigs;
            (3) to preserve and interpret United States military 
        history and Native American culture during the period from 1794 
        through 1813;
            (4) to provide assistance to the State of Ohio, political 
        subdivisions of the State, and nonprofit organizations in the 
        State, in implementing the Stewardship Plan and developing 
        programs that will preserve and interpret the historical, 
        cultural, natural, recreational, and scenic resources of the 
        historical site; and
            (5) to authorize the Secretary to provide technical 
        assistance to the State of Ohio, political subdivisions of the 
        State, and nonprofit organizations in the State (including the 
        Ohio Historical Society, the city of Maumee, the Maumee Valley 
        Heritage Corridor, the city of Toledo, and the Metropark 
        District of the Toledo Area) in implementing the Stewardship 
Plan.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Historical site.--The term ``historical site'' means 
        the Fallen Timbers Battlefield and Monument, Fort Meigs, and 
        Fort Miamis National Historical Site established by section 4.
            (2) Management entity.--The term ``management entity'' 
        means the Ohio Historical Society, the city of Maumee, the 
        Maumee Valley Heritage Corridor, the city of Toledo, the 
        Metropark District of the Toledo Area, and any other entity 
        designated by the Governor of Ohio.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Stewardship plan.--The term ``Stewardship Plan'' means 
        the management plan developed by the management entity.
            (5) Technical assistance.--The term ``technical 
        assistance'' means any guidance, advice, or other aid, other 
        than financial assistance, provided by the Secretary.

SEC. 4. FALLEN TIMBERS BATTLEFIELD, FORT MEIGS, AND FORT MIAMIS 
              NATIONAL HISTORICAL SITE.

    (a) Establishment.--There is established in the State of Ohio the 
Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis National 
Historical Site.
    (b) Boundaries.--
            (1) In general.--The historical site comprises the Fallen 
        Timbers 185-acre battlefield site and 9-acre battlefield 
        monument, the 66.2-acre Fort Meigs State Memorial site, and the 
        Fort Miamis site.
            (2) Map.--The Secretary shall prepare a map of the 
        historical site, which shall be on file and available for 
        public inspection in the office of the Director of the National 
        Park Service.
            (3) Fallen timbers site.--The Fallen Timbers site generally 
        comprises a 185-acre parcel northeast of U.S. 24, west of U.S. 
        23/I-475, south of the Norfolk and Western Railroad line, and 
        east of Jerome Road.
            (4) Consent of local property owners.--No privately owned 
        property shall be included within the boundaries of the 
        historical site unless the owner of the property consents to 
        the inclusion.

SEC. 5. WITHDRAWAL OF DESIGNATION.

    (a) In General.--The historical site shall remain a National 
historical site unless--
            (1) the Secretary determines that--
                    (A) the use, condition, or development of the 
                historical site is incompatible with the purposes of 
                this Act; or
                    (B) the management entity of the historical site 
                has not made reasonable and appropriate progress in 
                preparing or implementing the Stewardship Plan for the 
                historical site; and
            (2) after making a determination under paragraph (1), the 
        Secretary submits to Congress notification that the historical 
        site designation should be withdrawn.
    (b) Public Hearing.--Before the Secretary makes a determination 
under subsection (a)(1), the Secretary shall hold a public hearing in 
the historical site.
    (c) Time of Withdrawal of Designation.--
            (1) Definition of legislative day.--In this subsection, the 
        term ``legislative day'' means any calendar day on which both 
        Houses of Congress are in session.
            (2) Time period.--The withdrawal of the historical site 
        designation shall become final 90 legislative days after the 
        Secretary submits to Congress the notification under subsection 
        (a)(2).

SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Duties and Authorities of the Secretary.--
            (1) Technical assistance.--
                    (A) In general.--The Secretary may provide 
                technical assistance regarding the Stewardship Plan and 
                its implementation to the State of Ohio, a political 
                subdivision of the State, a nonprofit organization in 
                the State, or any other person on a request by the 
                management entity.
                    (B) Prohibition of certain requirements.--The 
                Secretary may not, as a condition of the award of 
                technical assistance under this section, require any 
                recipient of the technical assistance to enact or 
                modify land use restrictions.
                    (C) Determinations regarding assistance.--
                            (i) Decision by secretary.--The Secretary 
                        shall decide if the historical site shall be 
                        awarded technical assistance and the amount, if 
                        any, of the assistance.
                            (ii) Standard.--A decision under clause (i) 
                        shall be based on the degree to which the 
                        historical site effectively fulfills the 
                        objectives contained in the Stewardship Plan 
                        and achieves the purposes of this Act.
            (2) Development of Stewardship Plan.--The Secretary may 
        assist in development of the Stewardship Plan.
            (3) Provision of information.--In cooperation with other 
        Federal agencies, the Secretary shall provide the public with 
        information regarding the location and character of the 
        historical site.
    (b) Duties of Other Federal Agencies.--Any Federal agency 
conducting an activity directly affecting the historical site shall 
consider the potential effect of the activity on the Stewardship Plan 
and shall consult with the management entity of the historical site 
with respect to the activity to minimize the adverse effects of the 
activity on the historical site.

SEC. 7. NO EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.

    (a) No Effect on Authority of Governments.--Nothing in this Act 
modifies, enlarges, or diminishes the authority of any Federal, State, 
or local government to regulate the use of land by law (including 
regulations).
    (b) No Zoning or Land Use Powers.--Nothing in this Act grants any 
power of zoning or land use control to the management entity of the 
historical site.
    (c) No Effect On Local Authority or Private Property.--Nothing in 
this Act affects or authorizes the management entity to interfere 
with--
            (1) the rights of any person with respect to private 
        property; or
            (2) any local zoning ordinance or land use plan of the 
        State of Ohio or a political subdivision of the State.

SEC. 8. FISHING, TRAPPING, AND HUNTING.

    (a) No Diminishment of State Authority.--Establishment of the 
historical site does not diminish the authority of the State to manage 
fish and wildlife, including the regulation of fishing, hunting, and 
trapping in the historical site.
    (b) No Conditioning of Approval and Assistance.--Neither the 
Secretary nor any other Federal agency may make a limitation on 
fishing, hunting, or trapping--
            (1) a condition of the determination of eligibility for 
        assistance under this Act; or
            (2) a condition for the receipt, in connection with the 
        historical site, of any other form of assistance from the 
        Secretary or the agency, respectively.
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