[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