[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.