[Congressional Record Volume 145, Number 139 (Thursday, October 14, 1999)]
[Senate]
[Pages S12651-S12652]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORICAL SITE ACT

  The Senate proceeded to consider the bill (S. 548) to establish the 
Fallen Timbers Battlefield and Fort Miamis National Historical Site in 
the State of Ohio, which had been reported from the Committee on Energy 
and Natural Resources, with an amendment to strike all after the 
enacting clause and inserting in lieu thereof the following:

     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.

  Amendment No. 2296 was agreed to as follows:

       Beginning on page 10, strike line 23 and all that follows 
     through page 11, line 11, and insert the following:
       (4) The term ``management entity'' means the Metropolitan 
     Park District of the Toledo Area.
       On page 15, line 7, strike ``use or disposal'' and insert 
     ``use, or disposal''.
       On page 15, line 13, strike ``use or disposal'' and insert 
     ``use, or disposal''.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 548), as amended, was passed, as follows:

                                 S. 548

       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 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 the Metropolitan 
     Park District of the Toledo Area.
       (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;

[[Page S12652]]

       (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, or 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.

                          ____________________