[Senate Report 106-64]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 134
106th Congress                                                   Report
                                 SENATE
 1st Session                                                     106-64

======================================================================



 
FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORICAL SITE ACT

                                _______
                                

                  June 7, 1999.--Ordered to be printed

                                _______


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 548]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 548) to establish the Fallen Timbers 
Battlefield and Fort Miamis National Historical Site in the 
State of Ohio, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill, as 
amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert 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) For 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 the 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 
ValleyHeritage 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, numbered 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.

                         Purpose of the Measure

    The purpose of S. 548, as ordered reported, is to establish 
the Fallen Timbers Battlefield and Fort Miamis National 
Historical Site in Ohio as an affiliated area of the National 
Park System.

                          Background and need

    The Battle of Fallen Timbers occurred in 1794 between the 
U.S. Army, led by General ``Mad'' Anthony Wayne, and a 
confederation of Native American tribes led by Shawnee Chief 
Tecumseh, Little Turtle and Blue Jacket. The battle secured 
Ohio and the Northwest Territory for U.S. settlement.
    In 1959 the site of the Battle of Fallen Timbers, in the 
city of Maumee, Ohio, was included in the National Survey of 
Historic Sites and Buildings and was designated a National 
Historic Landmark in 1960. Fallen Timbers State Memorial is a 
nine-acre site owned by the Ohio Historical Society and managed 
by the Metropolitan Park District of the Toledo Area 
(Metroparks). In 1995 the National Park Service was asked by 
the city of Maumee and the Maumee Valley Heritage Corridor, 
Inc. to conduct a special resources study of the Fallen Timbers 
Battlefield Site. However, because of local pressures, Park 
Service management of the area was not considered. The 1998 
study found that the Fallen Timbers Battlefield Site meets the 
criteria for an affiliated area.
    Fort Miamis, which was occupied by General Wayne's troops 
from 1796 to 1798, is listed on the National Register of 
Historic Places. It was also the site of a battle in the War of 
1812. This legislation would formally link Fort Miamis to the 
Battle of Fallen Timbers Battlefield Site.

                          legislative history

    S. 548 was introduced by Senator DeWine on March 4, 1999. 
The Subcommittee on National Parks, Historic Preservation and 
Recreation held a hearing on S. 548 on April 22, 1999. Similar 
legislation was also sponsored by Senator DeWine in the 105th 
and 104th Congresses, although no action was taken on either 
bill.
    At its business meeting on May 19, 1999, the Committee on 
Energy and Natural Resources ordered S. 548, favorably 
reported, as amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 19, 1999, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 548, as 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 548, the Committee adopted 
an amendment in the nature of a substitute.
    In addition to making several technical, clarifying and 
conforming changes, the amendment provides that the site should 
be managed as an affiliated area of the National Park System, 
in accordance with the principles set forth by the National 
Park Service. The amendment also lays out the goals and 
responsibilities of the management entity, including the 
development and submission of a general management plan for the 
historic site. In addition, theamendment requires that any 
payment made by the Secretary shall be subject to an agreement that 
conversion, use or disposal of the project contrary to the purposes of 
the Act shall give the United States the opportunity to seek 
reimbursement for expenditures made by the United States on the 
projects behalf.
    The amendment is explained in detail in the section-by-
section analysis, below.

                      section-by-section analysis

    Section 1 designates the bill's short title as the ``Fallen 
Timbers Battlefield and Fort Miamis National Historic Site Act 
of 1999''.
    Section 2 defines terms used in the bill.
    Section 3 contains Congressional findings and purposes. The 
purposes are to recognize and preserve the 185-acre Fallen 
Timbers battlefield site; recognize and preserve the Fort 
Miamis site; formally link Fallen Timbers Battlefield and 
Monument to Fort Miamis; preserve and interpret U.S. military 
history and Native American culture between 1794 and 1813; to 
provide assistance to the State of Ohio, its political 
subdivisions and to a number of non-profit organizations; 
authorize the Secretary to provide technical assistance to the 
State of Ohio, political subdivisions of the State, and non-
profit organizations (as listed in section 2).
    Section 4 (a) establishes the Fallen Timbers Battlefield 
and Fort Miamis National Historical Site as an affiliated area 
of the National Park System.
    Subsection (b) describes the historic site, to include the 
185-acre Fallen Timbers Battlefield site, the nine acre Fallen 
Timbers Battlefield Monument and the Fort Miamis Park site as 
depicted on map numbered NHS-FTFM dated May 1999.
    Subsection (c) requires a map to be made available for 
public inspection in appropriate offices of the National Park 
Service.
    Section 5 (a) mandates the historic site is to be 
administered in a manner consistent with this Act and all laws 
applicable to units of the National Park System, with specific 
reference to the Organic Act of August 25, 1916 (U.S.C. 1, 2-4) 
and the Historic Sites, Buildings and Antiquities Act of August 
21, 1935 (16 U.S.C. 461 et seq.).
    Subsection (b) allows the Secretary to enter into 
cooperative agreements with the management entity to provide 
technical assistance to ensure the marking, research, 
interpretation, education and preservation of Fallen Timbers 
Battlefield and Fort Miamis National Historic Site.
    Subsection (c) requires an agreement that any payment made 
by the Secretary pursuant to this section, must provide that 
any conversion, use or disposal of the project in a manner 
contrary to battlefields purposes as determined by the 
Secretary, shall result in the right of the United States to 
seek reimbursement of all funds made available for such project 
or a proportion of the increased value attributable to such 
funds as determined at the time of such conversion, use or 
disposal, whichever is greater.
    Subsection (d) directs the Secretary to develop a general 
management plan in consultation with the management entity and 
Native American tribes whose ancestors were involved in events 
at these sites. It is to be developed in accordance with 
Section 12(b) of Public Law 91-383 (16 U.S.C. 1a-1 et seq.). 
The plan is to be completed within 2 years after funds are made 
available. Within 30 days of its completion, copies are to be 
provided to the Senate Committee on Energy and Natural 
Resources and the House of Representatives Committee on 
Resources.
    Section 6 authorizes funds necessary to carry out this Act.

                   cost and budgetary considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 25, 1999.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 548, the Fallen 
Timbers Battlefield and Fort Miamis National Historic Site Act 
of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               Congressional Budget Office Cost Estimate

S. 548--Fallen Timbers Battlefield and Fort Miamis National Historic 
        Site Act of 1999

    CBO estimates that implementing S. 548 would cost about 
$200,000 over the next two years, assuming appropriation of the 
necessary amounts. The bill would establish the Fallen Timbers 
Battlefield and Fort Miamis National Historic Site as an 
affiliated area of the National Park System. The site would be 
administered by a designated management entity described in the 
bill as a group of local government agencies and nonprofit 
organizations. The bill would require the National Park Service 
(NPS) to develop a general management plan for the site and 
would authorize the agency to execute a cooperative agreement 
with the management entity to provide federal technical 
assistance for site preservation and other activities. Finally, 
S. 548 would authorize the appropriation of whatever sums are 
necessary to implement the legislation.
    Based on information provided by the NPS and assuming 
appropriation of the necessary amounts, CBO estimates that 
developing the management plan required by S. 548 would cost 
the NPS about $200,000 over the next two years. During that 
period and possibly for several years thereafter, the NPS also 
would provide the management entity with technical assistance 
on preserving and interpreting the site and other activities 
related to implementing the management plan. CBO estimates that 
the cost of providing such assistance would be negligible.
    S. 548 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The bill 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act. State and local 
governments might incur some costs as a result of the bill's 
enactment, but these costs would be voluntary.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Paul N. Van de Water, Assistant Director for Budget 
Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 548. The bill is not a regulatory measure in 
the sense of imposing Government-established standards of 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from 
enactment of S. 548, as ordered reported.

                        executive communications

    At the Subcommittee hearing a representative from the 
National Park Service testified that the Department of the 
Interior could not support S. 548 in its present form. The 
Department's testimony follows:

   Statement of Katherine Stevenson, Associate Director for Cultural 
 Resources, Stewardship, and Partnership, National Park Service, U.S. 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
views of the Department of the Interior on S. 548, a bill to 
establish the Fallen Timbers Battlefield and Fort Miamis 
National Historical Site in the State of Ohio.
    Although the Battle of Fallen Timbers site is a National 
Historic Landmark and Fort Miamis played a significant role in 
the conflict, the Department cannot support this bill in its 
present form. While we support the intent of S. 548, which is 
to preserve and link these two important sites, we do not 
believe that this bill, as currently written, provides the 
proper protection for the long-term preservation of these 
sites. We believe this legislation does not achieve the bill's 
purpose to preserve these important historical areas, nor does 
it provide the standards necessary for the areas to meet the 
National Park Service's criteria for affiliated recognition.
    The Battle of Fallen Timbers is a notable event in our 
nation's history. One of the four major engagements during the 
``Indian Wars'' period, 1790-1795, Battle of Fallen Timbers is 
generally regarded as one of the most significant U.S. military 
actions in the period between the Revolution and the War of 
1812. The defeat of the Native American Confederacy, which was 
led by Michikinikwa and Weyapiersenwah (Blue Jacket), by 
General Anthony Wayne led to the Greeneville Treaty which 
secured Ohio and the Northwest Territory for U.S. settlement.
    S. 548 seeks to recognize, preserve, interpret, and link 
Fort Miamis and the Battle of Fallen Timbers. It also 
authorizes the Secretary of the Interior to provide technical 
assistance to the State of Ohio, its political subdivisions and 
non-profit organizations in the State to develop and implement 
a management plan to preserve and interpret the historical, 
cultural, natural, recreational, and scenic resources of these 
sites.
    An affiliated area within he National Park Service System 
must meet three specific criteria. These criteria include the 
need for some special recognition or technical assistance 
beyond what is available through existing NPS programs, a 
cooperative arrangement with NPS and documentation that 
contributions from other sources will be adequate to assure 
long-term protection of the resource, and the ability to 
establish and continue a standard of maintenance, operations, 
public service and financial accountability consistent with 
requirements applicable to National Park System units.
    While the bill recognizes a management entity including the 
state, its political subdivisions, non-profit organizations and 
any other entity designated by the Governor of Ohio, it does 
not provide the proposed management entity with the proper 
standards to ensure that Fallen Timbers and Fort Miamis is 
maintained as an affiliated site.
    It is the opinion of the department that omission militates 
against long-term preservation of the sites and jeopardizes any 
federal investment of technical or funding assistance that may 
be provided. Affiliated sites should, at the very least, meet 
the principals set forth by the National Park Service. In fact, 
the bill seems to anticipate the lack of long-term preservation 
by including a section that outlines procedures for withdrawal 
of the National Historic Site designation. If the use, 
condition, or development of the site is incompatible with the 
purposes of this proposed act or if the management entity has 
not made reasonable and appropriate progress in the development 
and implementation of the management plan, the bill provides 
the Secretary the authority to withdraw the historical site 
designation.
    As previously stated, these sites are worthy of protection 
and preservation, and the National Park Service supports the 
intent to protect and preserve these sites. However, the 
success of affiliated areas depends upon the stability and 
strength of the management entity. As currently written, the 
bill does not support the development of a management entity 
that will be able to meet the long-term protection requirements 
of Fallen Timbers and Fort Miamis. The National Park Service 
recommends in this regard that Section 5 be deleted. In 
addition, we recommend that Section 6(a)(1)(B), and Section 7 
(b) and (c) be struck from the bill because they are 
unnecessary in light of the advisory nature of the management 
entity.
    In addition, the current bill does not provide for the 
proper protection of federal resources that may be invested in 
Fallen Timbers and Fort Miamis as an affiliated site. The 
National Park Service recommends that a section be added to the 
bill that would lay out the goals and responsibilities of the 
management entity, including the development and submission of 
a general management plan for the historical site. The 
management plan should include recommendations, developed in 
consultation with Indian tribes whose ancestors were involved 
in events at these sites, on the conservation, acquisition, 
funding, management, development and interpretation of the 
sites. The plan should also take into consideration existing 
federal, state, county and local development plans, as well as 
involve residents, public agencies and private organizations.
    S. 548 requires the Secretary to provide technical 
assistance beyond what is currently available through existing 
programs, and regardless of established NPS criteria. Instead, 
the bill should include a provision to authorize the NPS to 
enter into a cooperative agreement with the management entity 
to provide technical assistance and to support the management 
entity in developing a general management plan for the areas. 
In addition, the Secretary should not be limited by the 
management entity's recommendation in determining who may 
receive technical assistance. Such a limitation would raise 
serious constitutional concerns under the Appointments Clause. 
The National Park Service also recommends that a provision that 
authorizes the necessary appropriations be included in this 
bill. Additionally, if the management entity fails to carry out 
the plan or fails to meet the standards established for 
affiliated areas, then language should be provided to insure 
that the federal government can recover any funds expended.
    The National Park Service supports the intent of protecting 
and preserving the Fallen Timbers Battlefield and Fort Miamis. 
However, in addition to the above recommendations, there are 
additional minor technical and clarifying amendments that also 
need to be included before NPS can support this measure. The 
National Park Service is willing to work with Senator DeWine 
and the subcommittee to resolve these issues and to amend the 
bill to develop an acceptable measure.
    Mr. Chairman, thank you for the opportunity to share with 
the Subcommittee the department's position on S. 548. This 
concludes my formal remarks. I will be pleased to answer any 
questions you or other members of the subcommittee may have.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 548, as ordered 
reported.

                                
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