[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 548 Reported in Senate (RS)]






                                                       Calendar No. 134
106th CONGRESS
  1st Session
                                 S. 548

                          [Report No. 106-64]

 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 (for himself and Mr. Voinovich) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                              June 7, 1999

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Fallen Timbers Battlefield 
and Fort Miamis National Historical Site Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) Fort Miamis was occupied by General Wayne's 
        legion from 1796 to 1798;</DELETED>
        <DELETED>    (3) in the spring of 1813, British troops, led by 
        General Henry Proctor, landed at Fort Miamis and attacked the 
        fort twice, without success;</DELETED>
        <DELETED>    (4) Fort Miamis and the Fallen Timbers Battlefield 
        are in Lucas County, Ohio, in the city of Maumee;</DELETED>
        <DELETED>    (5) the 9-acre Fallen Timbers Battlefield Monument 
        is listed as a national historic landmark;</DELETED>
        <DELETED>    (6) Fort Miamis is listed in the National Register 
        of Historic Places as a historic site;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (8) in 1960, the Fallen Timbers Battlefield was 
        designated as a national historic landmark.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to recognize and preserve the 185-acre Fallen 
        Timbers Battlefield site;</DELETED>
        <DELETED>    (2) to formalize the linkage of the Fallen Timbers 
        Battlefield and Monument to Fort Miamis;</DELETED>
        <DELETED>    (3) to preserve and interpret United States 
        military history and Native American culture during the period 
        from 1794 through 1813;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Historical site.--The term ``historical site'' 
        means the Fallen Timbers Battlefield and Monument and Fort 
        Miamis National Historical Site established by section 
        4.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (4) Stewardship plan.--The term ``stewardship 
        plan'' means the management plan developed by the management 
        entity.</DELETED>
        <DELETED>    (5) Technical assistance.--The term ``technical 
        assistance'' means any guidance, advice, or other aid, other 
        than financial assistance, provided by the Secretary.</DELETED>

<DELETED>SEC. 4. FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL 
              HISTORICAL SITE.</DELETED>

<DELETED>    (a) Establishment.--There is established in the State of 
Ohio the Fallen Timbers Battlefield and Fort Miamis National Historical 
Site.</DELETED>
<DELETED>    (b) Boundaries.--</DELETED>
        <DELETED>    (1) In general.--The historical site shall be 
        composed of--</DELETED>
                <DELETED>    (A) the Fallen Timbers 185-acre 
                battlefield site described in paragraph (3);</DELETED>
                <DELETED>    (B) the 9-acre battlefield monument; 
                and</DELETED>
                <DELETED>    (C) the Fort Miamis site.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. WITHDRAWAL OF DESIGNATION.</DELETED>

<DELETED>    (a) In General.--The historical site shall remain a 
national historical site unless--</DELETED>
        <DELETED>    (1) the Secretary determines that--</DELETED>
                <DELETED>    (A) the use, condition, or development of 
                the historical site is incompatible with the purposes 
                of this Act; or</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (2) after making a determination under paragraph 
        (1), the Secretary submits to Congress notification that the 
        historical site designation should be withdrawn.</DELETED>
<DELETED>    (b) Public Hearing.--Before the Secretary makes a 
determination under subsection (a)(1), the Secretary shall hold a 
public hearing in the historical site.</DELETED>
<DELETED>    (c) Time of Withdrawal of Designation.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.</DELETED>

<DELETED>    (a) Duties and Authorities of the Secretary.--</DELETED>
        <DELETED>    (1) Technical assistance.--</DELETED>
                <DELETED>    (A) In general.--The Secretary may provide 
                technical assistance to prepare and implement the 
                stewardship plan to--</DELETED>
                        <DELETED>    (i) the State of Ohio;</DELETED>
                        <DELETED>    (ii) a political subdivision of 
                        the State;</DELETED>
                        <DELETED>    (iii) a nonprofit organization in 
                        the State; or</DELETED>
                        <DELETED>    (iv) any other person on a request 
                        by the management entity.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Determinations regarding assistance.--
                </DELETED>
                        <DELETED>    (i) Decision by secretary.--The 
                        Secretary shall decide if technical assistance 
                        should be awarded and the amount, if any, of 
                        the assistance.</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Development of stewardship plan.--The 
        Secretary may assist in development of the stewardship 
        plan.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Duties of Other Federal Agencies.--The head of any 
Federal agency conducting an activity directly affecting the historical 
site shall--</DELETED>
        <DELETED>    (1) consider the potential effect of the activity 
        on the stewardship plan; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. NO EFFECT ON LAND USE REGULATION AND PRIVATE 
              PROPERTY.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) No Effect On Local Authority or Private Property.--
Nothing in this Act affects or authorizes the management entity to 
interfere with--</DELETED>
        <DELETED>    (1) the rights of any person with respect to 
        private property; or</DELETED>
        <DELETED>    (2) any local zoning ordinance or land use plan of 
        the State of Ohio or a political subdivision of the 
        State.</DELETED>

<DELETED>SEC. 8. FISHING, TRAPPING, AND HUNTING.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) a condition of the determination of 
        eligibility for assistance under this Act; or</DELETED>
        <DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fallen Timbers Battlefield and Fort 
Miamis National Historic Site Act of 1999''.

SEC. 2. DEFINITIONS.

    As used in this Act:
    (a) Definitions.--
            (1) The term ``historic site'' means the Fallen Timbers 
        Battlefield and Monument and Fort Miamis National Historic Site 
        established by section 4 of this Act.
            (2) The term ``management plan'' means the general 
        management plan developed pursuant to section 5(d).
            (3) The term ``Secretary'' means the Secretary of the 
        Interior.
            (4) The term ``management entity'' means one representative 
        from each of the following organizations:
                    (A) The Ohio Historical Society;
                    (B) The City of Maumee;
                    (C) The Maumee Valley Heritage Corridor;
                    (D) The Fallen Timbers Battlefield Preservation 
                Commission;
                    (E) Heidelberg College;
                    (F) The City of Toledo;
                    (G) The Metropark District of the Toledo Area; and
                    (H) any other 2 organizations designated by the 
                Governor of Ohio.
            (5) The term ``technical assistance'' means any guidance, 
        advice, or other aid, other than financial assistance, provided 
        by the Secretary.

SEC. 3. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (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 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''.
            (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 recognize and preserve the Fort Miamis site;
            (3) to formalize the linkage of the Fallen Timbers 
        Battlefield and Monument to Fort Miamis;
            (4) to preserve and interpret United States military 
        history and Native American culture during the period from 1794 
        through 1813;
            (5) to provide assistance to the State of Ohio, political 
        subdivisions of the State, and nonprofit organizations in the 
        State to implement the management plan and develop programs 
        that will preserve and interpret the historical, cultural, 
        natural, recreational and scenic resources of the historic 
        site; and
            (6) 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 Commission, 
Heidelberg College, the city of Toledo, and the Metropark District of 
the Toledo Area, to implement the management plan.

SEC. 4. ESTABLISHMENT OF THE FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS 
              NATIONAL HISTORIC SITE.

    (a) In General.--There is established, as an affiliated area of the 
National Park System, the Fallen Timbers Battlefield and Fort Miamis 
National Historic Site in the State of Ohio.
    (b) Description.--The historic site is comprised of the following 
as generally depicted on the map entitled Fallen Timbers Battlefield 
and Fort Miamis National Historical Site-proposed, number NHS-FTFM, and 
dated May 1999:
            (1) The Fallen Timbers site, comprised generally of the 
        following:
                    (A) 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.
                    (B) The approximately 9-acre Fallen Timbers 
                Battlefield Monument, located south of U.S. 24; and
                    (2) The Fort Miamis Park site.
            (c) Map.--The map shall be on file and available for public 
        inspection in the appropriate offices of the National Park 
        Service.

SEC. 5. ADMINISTRATION OF HISTORIC SITES.

    (a) Applicability of National Park System Laws.--The historic site 
shall be administered in a manner consistent with this Act and all laws 
generally applicable to units of the National Park System, including 
the Act of August 25, 1916 (16 U.S.C. 1, 2-4; commonly known as the 
National Park Service Organic Act), and the Act of August 21, 1935 (16 
U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings, 
and Antiquities Act).
    (b) Cooperative Agreement.--The Secretary may enter into a 
cooperative agreement with the management entity to provide technical 
assistance to ensure the marking, research, interpretation, education 
and preservation of the Fallen Timbers Battlefield and Fort Miamis 
National Historic Site.
    (c) Reimbursement.--Any payment made by the Secretary pursuant to 
this section shall be subject to an agreement that conversion, use or 
disposal of the project so assisted for purposes contrary to the 
purposes of this section as determined by the Secretary, shall result 
in a right of the United States to reimbursement of all funds made 
available to such project or the proportion of the increased value of 
the project attributable to such funds as determined at the time of 
such conversion, use of disposal, whichever is greater.
    (d) General Management Plan.--
            (1) In general.--The Secretary, in consultation with the 
        management entity and Native American tribes whose ancestors 
        were involved in events at these sites, shall develop a general 
        management plan for the historic site. The plan shall be 
        prepared in accordance with section 12(b) of Public Law 91-383 
        (16 U.S.C. 1a-1 et seq.; commonly known as the National Park 
        System General Authorities Act).
            (2) Completion.--The plan shall be completed not later than 
        2 years after the date funds are made available.
            (3) Transmittal.--Not later than 30 days after completion 
        of the plan, the Secretary shall provide a copy of the plan to 
        the Committee on Energy and Natural Resources of the Senate and 
        the Committee on Resources of the House of Representatives.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS

    There is authorized to be appropriated such funds as are necessary 
to carry out this Act.
                                     





                                                       Calendar No. 134

106th CONGRESS

  1st Session

                                 S. 548

                          [Report No. 106-64]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              June 7, 1999

                       Reported with an amendment