II

104TH CONGRESS

2D SESSION S. 2122

To establish the Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis

National Historical Site in the State of Ohio.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 25, 1996

Mr. DEWINE introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

A BILL

To establish the Fallen Timbers Battlefield, Fort Meigs,

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, Fort Meigs, and Fort Miamis National Historical

6 Site Act’’.

7 SEC. 2. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—Congress finds that—

9 (1) the 185-acre Fallen Timbers Battlefield is

10 the site of the 1794 battle between General Anthony
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1 Wayne and a confederation of Native American

2 tribes;

3 (2) Fort Meigs was constructed in January

4 1813, following the defeat of American troops com5 manded by James Winchester at the battle of

6 Frenchtown near Monroe, Michigan;

7 (3) British troops, led by General Henry Proc8 tor, landed at Fort Miamis in the spring of 1813

9 and attacked the fort twice, without success;

10 (4) Fort Meigs State Memorial is located in

11 Wood County, Ohio, in the city of Perrysburg;

12 (5) Fort Miamis and the Fallen Timbers Bat13 tlefield are in Lucas County, Ohio, in the city of

14 Maumee;

15 (6) the 9-acre Fallen Timbers Battlefield Monu16 ment is listed as a National Historic Landmark;

17 (7) in 1969, Fort Meigs was listed on the Na18 tional Register of Historic Places and designated as

19 a National Historic Landmark;

20 (8) Fort Miamis is listed in the National Reg21 ister of Historic Places as a historic site;

22 (9) in 1959, the Battle of Fallen Timbers was

23 included in the National Survey of Historic Sites

24 and Buildings as 1 of 22 sites representing the ‘‘Ad25 vance of the Frontier, 1763–1830’’; and
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1 (10) in 1960, the Battle of Fallen Timbers was

2 designated as a National Historic Landmark.

3 (b) PURPOSES.—The purposes of this Act are—

4 (1) to recognize and preserve the 185-acre Fall5 en Timbers Battlefield site;

6 (2) to formalize the linkage of the Fallen Tim7 bers Battlefield and Monument to Fort Miamis and

8 Fort Meigs;

9 (3) to preserve and interpret United States

10 military history and Native American culture during

11 the period from 1794 through 1813;

12 (4) to provide assistance to the State of Ohio,

13 political subdivisions of the State, and nonprofit or14 ganizations in the State, in implementing the Stew15 ardship Plan and developing programs that will pre16 serve and interpret the historical, cultural, natural,

17 recreational, and scenic resources of the historical

18 site; and

19 (5) to authorize the Secretary to provide tech20 nical assistance to the State of Ohio, political sub21 divisions of the State, and nonprofit organizations in

22 the State (including the Ohio Historical Society, the

23 city of Maumee, the Maumee Valley Heritage Cor24 ridor, the city of Toledo, and the Metropark District
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1 of the Toledo Area) in implementing the Steward2 ship Plan.

3 SEC. 3. DEFINITIONS.

4 In this Act:

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

6 site’’ means the Fallen Timbers Battlefield and

7 Monument, Fort Meigs, and Fort Miamis National

8 Historical Site established by section 4.

9 (2) MANAGEMENT ENTITY.—The term ‘‘man10 agement entity’’ means the Ohio Historical Society,

11 the city of Maumee, the Maumee Valley Heritage

12 Corridor, the city of Toledo, the Metropark District

13 of the Toledo Area, and any other entity designated

14 by the Governor of Ohio.

15 (3) SECRETARY.—The term ‘‘Secretary’’ means

16 the Secretary of the Interior.

17 (4) STEWARDSHIP PLAN.—The term ‘‘Steward18 ship Plan’’ means the management plan developed

19 by the management entity.

20 (5) TECHNICAL ASSISTANCE.—The term ‘‘tech21 nical assistance’’ means any guidance, advice, or

22 other aid, other than financial assistance, provided

23 by the Secretary.
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1 SEC. 4. FALLEN TIMBERS BATTLEFIELD, FORT MEIGS, AND

2 FORT MIAMIS NATIONAL HISTORICAL SITE.

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

4 State of Ohio the Fallen Timbers Battlefield, Fort Meigs,

5 and Fort Miamis National Historical Site.

6 (b) BOUNDARIES.—

7 (1) IN GENERAL.—The historical site comprises

8 the Fallen Timbers 185-acre battlefield site and 9-

9 acre battlefield monument, the 66.2-acre Fort Meigs

10 State Memorial site, and the Fort Miamis site.

11 (2) MAP.—The Secretary shall prepare a map

12 of the historical site, which shall be on file and avail13 able for public inspection in the office of the Direc14 tor of the National Park Service.

15 (3) FALLEN TIMBERS SITE.—The Fallen Tim16 bers site generally comprises a 185-acre parcel

17 northeast of U.S. 24, west of U.S. 23/I–475, south

18 of the Norfolk and Western Railroad line, and east

19 of Jerome Road.

20 (4) CONSENT OF LOCAL PROPERTY OWNERS.—

21 No privately owned property shall be included within

22 the boundaries of the historical site unless the owner

23 of the property consents to the inclusion.

24 SEC. 5. WITHDRAWAL OF DESIGNATION.

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

26 National historical site unless—
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1 (1) the Secretary determines that—

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

3 the historical site is incompatible with the pur4 poses of this Act; or

5 (B) the management entity of the histori6 cal site has not made reasonable and appro7 priate progress in preparing or implementing

8 the Stewardship Plan for the historical site; and

9 (2) after making a determination under para10 graph (1), the Secretary submits to Congress notifi11 cation that the historical site designation should be

12 withdrawn.

13 (b) PUBLIC HEARING.—Before the Secretary makes

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

15 shall hold a public hearing in the historical site.

16 (c) TIME OF WITHDRAWAL OF DESIGNATION.—

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

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

19 calendar day on which both Houses of Congress are

20 in session.

21 (2) TIME PERIOD.—The withdrawal of the his22 torical site designation shall become final 90 legisla23 tive days after the Secretary submits to Congress

24 the notification under subsection (a)(2).
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1 SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

2 (a) DUTIES AND AUTHORITIES OF THE SEC3 RETARY.—

4 (1) TECHNICAL ASSISTANCE.—

5 (A) IN GENERAL.—The Secretary may

6 provide technical assistance regarding the Stew7 ardship Plan and its implementation to the

8 State of Ohio, a political subdivision of the

9 State, a nonprofit organization in the State, or

10 any other person on a request by the manage11 ment entity.

12 (B) PROHIBITION OF CERTAIN REQUIRE13 MENTS.—The Secretary may not, as a condition

14 of the award of technical assistance under this

15 section, require any recipient of the technical

16 assistance to enact or modify land use restric17 tions.

18 (C) DETERMINATIONS REGARDING ASSIST19 ANCE.—

20 (i) DECISION BY SECRETARY.—The

21 Secretary shall decide if the historical site

22 shall be awarded technical assistance and

23 the amount, if any, of the assistance.

24 (ii) STANDARD.—A decision under

25 clause (i) shall be based on the degree to

26 which the historical site effectively fulfills
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1 the objectives contained in the Stewardship

2 Plan and achieves the purposes of this Act.

3 (2) DEVELOPMENT OF STEWARDSHIP PLAN.—

4 The Secretary may assist in development of the

5 Stewardship Plan.

6 (3) PROVISION OF INFORMATION.—In coopera7 tion with other Federal agencies, the Secretary shall

8 provide the public with information regarding the lo9 cation and character of the historical site.

10 (b) DUTIES OF OTHER FEDERAL AGENCIES.—Any

11 Federal agency conducting an activity directly affecting

12 the historical site shall consider the potential effect of the

13 activity on the Stewardship Plan and shall consult with

14 the management entity of the historical site with respect

15 to the activity to minimize the adverse effects of the activ16 ity on the historical site.

17 SEC. 7. 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, State, or local govern22 ment to regulate the use of land by law (including regula23 tions).
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1 (b) NO ZONING OR LAND USE POWERS.—Nothing

2 in this Act grants any power of zoning or land use control

3 to the management entity of the historical site.

4 (c) NO EFFECT ON LOCAL AUTHORITY OR PRIVATE

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

6 management entity to interfere with—

7 (1) the rights of any person with respect to pri8 vate property; or

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

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

11 State.

12 SEC. 8. FISHING, TRAPPING, AND HUNTING.

13 (a) NO DIMINISHMENT OF STATE AUTHORITY.—Es14 tablishment of the historical site does not diminish the au15 thority of the State to manage fish and wildlife, including

16 the regulation of fishing, hunting, and trapping in the his17 torical site.

18 (b) NO CONDITIONING OF APPROVAL AND ASSIST19 ANCE.—Neither the Secretary nor any other Federal agen20 cy may make a limitation on fishing, hunting, or trap21 ping—

22 (1) a condition of the determination of eligi23 bility for assistance under this Act; or
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1 (2) a condition for the receipt, in connection

2 with the historical site, of any other form of assist3 ance from the Secretary or the agency, respectively.

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