I

106TH CONGRESS

1ST SESSION H. R. 868

To establish the Fallen Timbers Battlefield and Fort Miamis National

Historical Site in the State of Ohio.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 25, 1999

Ms. KAPTUR introduced the following bill; which was referred to the

Committee on Resources

A BILL

To establish the Fallen Timbers Battlefield and Fort Miamis

National Historical Site in the State of Ohio.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Fallen Timbers Battle5 field and Fort Miamis National Historical Site Act’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds the following:

8 (1) The 185-acre Fallen Timbers Battlefield is

9 the site of the 1794 battle between the United

10 States Army, led by General Anthony Wayne, and
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1 the confederation of Native American tribes led by

2 the great Chief Tecumseh.

3 (2) British troops, led by General Henry Proc4 tor, landed at Fort Miamis in the spring of 1813

5 and attacked the fort twice, without success.

6 (3) Fort Miamis and the Fallen Timbers Bat7 tlefield are in Lucas County, Ohio, in the city of

8 Maumee.

9 (4) The 9-acre Fallen Timbers Battlefield

10 Monument is listed as a National Historic Land11 mark.

12 (5) Fort Miamis is listed in the National Reg13 ister of Historic Places as a historic site.

14 (6) In 1959, the Battle of Fallen Timbers was

15 included in the National Survey of Historic Sites

16 and Buildings as 1 of 22 sites representing the ‘‘Ad17 vance of the Frontier, 1763–1830’’.

18 (7) In 1960, the Battle of Fallen Timbers was

19 designated as a National Historic Landmark.

20 (b) PURPOSES.—The purposes of this Act are the fol21 lowing:

22 (1) To recognize and preserve the 185-acre

23 Fallen Timbers Battlefield site.

24 (2) To formalize the linkage of the Fallen Tim25 bers Battlefield and Monument to Fort Miamis.
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1 (3) To preserve and interpret United States

2 military history and Native American culture in the

3 Northwest Territory during the period from 1794

4 through 1813.

5 (4) To provide assistance to the State of Ohio,

6 political subdivisions of the State, and nonprofit or7 ganizations in the State, in implementing a manage8 ment plan that will preserve and interpret the his9 torical, cultural, natural, recreational, and scenic re10 sources of the historical site.

11 (5) To authorize the Secretary to provide tech12 nical assistance to the State of Ohio, political sub13 divisions of the State, and nonprofit organizations in

14 the State (including the Ohio Historical Society, the

15 city of Maumee, the Maumee Valley Heritage Cor16 ridor, the city of Toledo, the Fallen Timbers Battle17 field Preservation Commission, and the Metropark

18 District of the Toledo Area) in developing the man19 agement plan.

20 SEC. 3. DEFINITIONS.

21 In this Act:

22 (1) HISTORICAL SITE.—The term ‘‘historical

23 site’’ means the Fallen Timbers Battlefield and

24 Monument and Fort Miamis National Historical Site

25 established by section 4.
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1 (2) MANAGEMENT ENTITY.—The term ‘‘man2 agement entity’’ means—

3 (A) the Ohio Historical Society, the city of

4 Maumee, the Maumee Valley Heritage Corridor,

5 Inc., the city of Toledo, the Metropark District

6 of the Toledo Area, and

7 (B) any other entity designated by the

8 Governor of Ohio and approved by the Sec9 retary in accordance with section 5, as a mem10 ber of the management entity;

11 acting jointly.

12 (3) MANAGEMENT PLAN.—The term ‘‘manage13 ment plan’’ means a plan for management of the

14 historical site, that is developed by the management

15 entity and approved by the Secretary in accordance

16 with section 7.

17 (4) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of the Interior.

19 (5) TECHNICAL ASSISTANCE.—The term ‘‘tech20 nical assistance’’ means any guidance, advice, or

21 other aid, other than financial assistance, provided

22 by the Secretary.
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1 SEC. 4. FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS

2 NATIONAL HISTORICAL SITE.

3 (a) ESTABLISHMENT.—There is established in the

4 State of Ohio the Fallen Timbers Battlefield and Fort Mi5 amis National Historical Site.

6 (b) COMPONENTS.—

7 (1) IN GENERAL.—The historical site is com8 prised of the following:

9 (A) The Fallen Timbers site, comprised

10 generally of the following:

11 (i) The Fallen Timbers battlefield

12 site, consisting of an approximately 185-

13 acre parcel located north of U.S. 24, west

14 of U.S. 23/I–475, south of the Norfolk and

15 Western Railroad line, and east of Jerome

16 Road.

17 (ii) The approximately 9-acre Fallen

18 Timbers battlefield monument, located

19 south of U.S. 24.

20 (B) The Fort Miamis Park site.

21 (2) MAP.—The management entity shall pre22 pare a map of the historical site, which shall be on

23 file and available for public inspection in the offices

24 of the management entity.

25 (3) CONSENT OF LOCAL PROPERTY OWNERS.—

26 No privately owned property shall be included within
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1 the boundaries of the historical site unless the owner

2 of the property consents to the inclusion.

3 SEC. 5. COMPLETION OF COMPOSITION OF MANAGEMENT

4 ENTITY.

5 Not later than 60 days after the date of the enact6 ment of this Act, the Governor of Ohio may designate any

7 entity for purposes of section 3(2)(A) and transmit that

8 designation to the Secretary. The Secretary shall approve

9 or disapprove any entity designated by the Governor by

10 not later than 60 days after the date of that transmittal.

11 SEC. 6. WITHDRAWAL OF DESIGNATION.

12 (a) IN GENERAL.—The historical site shall remain a

13 National historical site unless—

14 (1) the Secretary determines that—

15 (A) the use, condition, or development of

16 the historical site is incompatible with the pur17 poses of this Act; or

18 (B) the management entity has not made

19 reasonable and appropriate progress in prepar20 ing or implementing the management plan for

21 the historical site; and

22 (2) after making a determination under para23 graph (1), the Secretary submits to the Congress no24 tification that establishment of the historical site

25 should be withdrawn.
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1 (b) PUBLIC HEARING.—Before the Secretary makes

2 a determination under subsection (a)(1), the Secretary

3 shall hold a public hearing in the historical site.

4 (c) TIME OF WITHDRAWAL OF DESIGNATION.—

5 (1) DEFINITION OF LEGISLATIVE DAY.—In this

6 subsection, the term ‘‘legislative day’’ means any

7 calendar day on which both Houses of Congress are

8 in session.

9 (2) TIME PERIOD.—The withdrawal of the his10 torical site designation shall become final 90 legisla11 tive days after the Secretary submits to Congress

12 the notification under subsection (a)(2).

13 SEC. 7. APPROVAL OF MANAGEMENT PLAN; CONSISTENCY

14 OF FEDERAL ACTIONS.

15 (a) APPROVAL.—

16 (1) IN GENERAL.—The management entity

17 shall submit any proposed management plan to the

18 Governor of the State of Ohio. Within 60 days after

19 receiving the proposed management plan, the Gov20 ernor shall transmit to the Secretary the proposed

21 plan and any recommendations of the Governor re22 garding the proposed plan. Within 30 days after re23 ceiving the proposed management plan, the Sec24 retary shall approve the proposed plan or return it
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1 to the Governor with any changes recommended by

2 the Secretary.

3 (2) ROLE OF SECRETARY.—The Secretary may

4 not approve a proposed management plan unless it

5 includes provisions which describe the role of the

6 Secretary in implementing the plan.

7 (3) ASSISTANCE.—The Secretary shall assist

8 the management entity in the preparation of the

9 management plan.

10 (b) ENSURING CONSISTENCY OF OTHER FEDERAL

11 ACTIONS.—Any Federal agency conducting an activity di12 rectly affecting the historical site shall consider the poten13 tial effect of the activity on the management plan and

14 shall consult with the management entity with respect to

15 the activity to minimize the adverse effects of the activity

16 on the historical site.

17 SEC. 8. NO EFFECT ON LAND USE REGULATION AND PRI18 VATE PROPERTY.

19 (a) NO EFFECT ON AUTHORITY OF GOVERN20 MENTS.—Nothing in this Act modifies, enlarges, or dimin21 ishes the authority of any Federal department or agency

22 to regulate the use of land.

23 (b) NO ZONING OR LAND USE POWERS.—Nothing

24 in this Act—
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1 (1) grants any power of zoning or land use con2 trol to the management entity; or

3 (2) modifies, enlarges, or diminishes any exist4 ing authority to regulate land use by any State or

5 local government entity which is a member of the

6 management entity.

7 (c) NO EFFECT ON LOCAL AUTHORITY OR PRIVATE

8 PROPERTY.—Nothing in this Act affects or authorizes the

9 management entity to interfere with—

10 (1) the rights of any person with respect to pri11 vate property; or

12 (2) any local zoning ordinance or land use plan

13 of the State of Ohio or a political subdivision of the

14 State.

15 SEC. 9. FISHING, TRAPPING, AND HUNTING.

16 (a) NO DIMINISHMENT OF STATE AUTHORITY.—Es17 tablishment of the historical site does not diminish the au18 thority of the State of Ohio to manage fish and wildlife,

19 including the regulation of fishing, hunting, and trapping

20 in the historical site.

21 (b) NO CONDITIONING OF APPROVAL AND ASSIST22 ANCE.—Neither the Secretary nor any other Federal agen23 cy may make a limitation on fishing, hunting, or

24 trapping—
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1 (1) a condition of the determination of eligi2 bility for assistance under this Act; or

3 (2) a condition for the receipt, in connection

4 with the historical site, of any other form of assist5 ance from the Secretary or the agency, respectively.

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