[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 868 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 868

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 1999

  Ms. Kaptur introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the Fallen Timbers Battlefield 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 and Fort 
Miamis National Historical Site Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The 185-acre Fallen Timbers Battlefield is the site of 
        the 1794 battle between the United States Army, led by General 
        Anthony Wayne, and the confederation of Native American tribes 
        led by the great Chief Tecumseh.
            (2) British troops, led by General Henry Proctor, landed at 
        Fort Miamis in the spring of 1813 and attacked the fort twice, 
        without success.
            (3) Fort Miamis and the Fallen Timbers Battlefield are in 
        Lucas County, Ohio, in the city of Maumee.
            (4) The 9-acre Fallen Timbers Battlefield Monument is 
        listed as a National Historic Landmark.
            (5) Fort Miamis is listed in the National Register of 
        Historic Places as a historic site.
            (6) 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''.
            (7) In 1960, the Battle of Fallen Timbers was designated as 
        a National Historic Landmark.
    (b) Purposes.--The purposes of this Act are the following:
            (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.
            (3) To preserve and interpret United States military 
        history and Native American culture in the Northwest Territory 
        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 a management plan that will preserve and 
        interpret the historical, cultural, natural, recreational, and 
        scenic resources of the historical site.
            (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, the Fallen Timbers 
        Battlefield Preservation Commission, and the Metropark District 
        of the Toledo Area) in developing the management plan.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Historical site.--The term ``historical site'' means 
        the Fallen Timbers Battlefield and Monument and Fort Miamis 
        National Historical Site established by section 4.
            (2) Management entity.--The term ``management entity'' 
        means--
                    (A) the Ohio Historical Society, the city of 
                Maumee, the Maumee Valley Heritage Corridor, Inc., the 
                city of Toledo, the Metropark District of the Toledo 
                Area, and
                    (B) any other entity designated by the Governor of 
                Ohio and approved by the Secretary in accordance with 
                section 5, as a member of the management entity;
        acting jointly.
            (3) Management plan.--The term ``management plan'' means a 
        plan for management of the historical site, that is developed 
by the management entity and approved by the Secretary in accordance 
with section 7.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (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 AND FORT MIAMIS NATIONAL HISTORICAL 
              SITE.

    (a) Establishment.--There is established in the State of Ohio the 
Fallen Timbers Battlefield and Fort Miamis National Historical Site.
    (b) Components.--
            (1) In general.--The historical site is comprised of the 
        following:
                    (A) The Fallen Timbers site, comprised generally of 
                the following:
                            (i) The Fallen Timbers battlefield site, 
                        consisting of an approximately 185-acre parcel 
                        located north of U.S. 24, west of U.S. 23/I-
                        475, south of the Norfolk and Western Railroad 
                        line, and east of Jerome Road.
                            (ii) The approximately 9-acre Fallen 
                        Timbers battlefield monument, located south of 
                        U.S. 24.
                    (B) The Fort Miamis Park site.
            (2) Map.--The management entity shall prepare a map of the 
        historical site, which shall be on file and available for 
public inspection in the offices of the management entity.
            (3) 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. COMPLETION OF COMPOSITION OF MANAGEMENT ENTITY.

    Not later than 60 days after the date of the enactment of this Act, 
the Governor of Ohio may designate any entity for purposes of section 
3(2)(A) and transmit that designation to the Secretary. The Secretary 
shall approve or disapprove any entity designated by the Governor by 
not later than 60 days after the date of that transmittal.

SEC. 6. 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 has not made reasonable 
                and appropriate progress in preparing or implementing 
                the management plan for the historical site; and
            (2) after making a determination under paragraph (1), the 
        Secretary submits to the Congress notification that 
        establishment of the historical site 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. 7. APPROVAL OF MANAGEMENT PLAN; CONSISTENCY OF FEDERAL ACTIONS.

    (a) Approval.--
            (1) In general.--The management entity shall submit any 
        proposed management plan to the Governor of the State of Ohio. 
        Within 60 days after receiving the proposed management plan, 
        the Governor shall transmit to the Secretary the proposed plan 
        and any recommendations of the Governor regarding the proposed 
        plan. Within 30 days after receiving the proposed management 
        plan, the Secretary shall approve the proposed plan or return 
        it to the Governor with any changes recommended by the 
        Secretary.
            (2) Role of secretary.--The Secretary may not approve a 
        proposed management plan unless it includes provisions which 
        describe the role of the Secretary in implementing the plan.
            (3) Assistance.--The Secretary shall assist the management 
        entity in the preparation of the management plan.
    (b) Ensuring Consistency of Other Federal Actions.--Any Federal 
agency conducting an activity directly affecting the historical site 
shall consider the potential effect of the activity on the management 
plan and shall consult with the management entity with respect to the 
activity to minimize the adverse effects of the activity on the 
historical site.

SEC. 8. 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 
department or agency to regulate the use of land.
    (b) No Zoning or Land Use Powers.--Nothing in this Act--
            (1) grants any power of zoning or land use control to the 
        management entity; or
            (2) modifies, enlarges, or diminishes any existing 
        authority to regulate land use by any State or local government 
        entity which is a member of the management entity.
    (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. 9. FISHING, TRAPPING, AND HUNTING.

    (a) No Diminishment of State Authority.--Establishment of the 
historical site does not diminish the authority of the State of Ohio 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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