[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 548 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 548
To establish the Fallen Timbers Battlefield and Fort Miamis National
Historical Site in the State of Ohio.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 1999
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 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 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 led by Little Turtle
and Blue Jacket;
(2) Fort Miamis was occupied by General Wayne's legion from
1796 to 1798;
(3) in the spring of 1813, British troops, led by General
Henry Proctor, landed at Fort Miamis and attacked the fort
twice, without success;
(4) Fort Miamis and the Fallen Timbers Battlefield are in
Lucas County, Ohio, in the city of Maumee;
(5) the 9-acre Fallen Timbers Battlefield Monument is
listed as a national historic landmark;
(6) Fort Miamis is listed in the National Register of
Historic Places as a historic site;
(7) in 1959, the Fallen Timbers Battlefield 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
(8) in 1960, the Fallen Timbers Battlefield 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;
(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 to implement the stewardship plan and develop 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 Fallen Timbers Battlefield Preservation
Commission, Heidelberg College, the city of Toledo, and the
Metropark District of the Toledo Area) to implement the
stewardship 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 the Ohio Historical Society, the city of Maumee, the
Maumee Valley Heritage Corridor, the Fallen Timbers Battlefield
Preservation Commission, Heidelberg College, 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 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) Boundaries.--
(1) In general.--The historical site shall be composed of--
(A) the Fallen Timbers 185-acre battlefield site
described in paragraph (3);
(B) the 9-acre battlefield monument; and
(C) 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.--For purposes of paragraph (1),
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 or property owned by a municipality 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 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 to prepare and implement the
stewardship plan to--
(i) the State of Ohio;
(ii) a political subdivision of the State;
(iii) a nonprofit organization in the
State; or
(iv) 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 establish or
modify land use restrictions.
(C) Determinations regarding assistance.--
(i) Decision by secretary.--The Secretary
shall decide if technical assistance should be
awarded 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 the
heads of 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.--The head of any Federal
agency conducting an activity directly affecting the historical site
shall--
(1) consider the potential effect of the activity on the
stewardship plan; and
(2) 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.--The establishment of the
historical site shall 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.--The Secretary and
the head of any other Federal agency may not 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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