[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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