II

Calendar No. 134

106TH CONGRESS

1ST SESSION S. 548

[Report No. 106–64]

To establish the Fallen Timbers Battlefield and Fort Miamis National

Historical Site in the State of Ohio.

IN THE SENATE OF THE UNITED STATES

MARCH 4, 1999

Mr. DEWINE (for himself and Mr. VOINOVICH) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

JUNE 7, 1999

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

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

4 the site of the 1794 battle between General Anthony

5 Wayne and a confederation of Native American

6 tribes led by Little Turtle and Blue Jacket;

7 (2) Fort Miamis was occupied by General

8 Wayne’s legion from 1796 to 1798;

9 (3) in the spring of 1813, British troops, led by

10 General Henry Proctor, landed at Fort Miamis and

11 attacked the fort twice, without success;

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

14 Maumee;

15 (5) the 9-acre Fallen Timbers Battlefield Monu16 ment is listed as a national historic landmark;

17 (6) Fort Miamis is listed in the National Reg18 ister of Historic Places as a historic site;

19 (7) in 1959, the Fallen Timbers Battlefield was

20 included in the National Survey of Historic Sites

21 and Buildings as 1 of 22 sites representing the ‘‘Ad22 vance of the Frontier, 1763–1830’’; and

23 (8) in 1960, the Fallen Timbers Battlefield was

24 designated as a national historic landmark.

25 (b) PURPOSES.—The purposes of this Act are—
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1 (1) to recognize and preserve the 185-acre Fall2 en Timbers Battlefield site;

3 (2) to formalize the linkage of the Fallen Tim4 bers Battlefield and Monument to Fort Miamis;

5 (3) to preserve and interpret United States

6 military history and Native American culture during

7 the period from 1794 through 1813;

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

9 political subdivisions of the State, and nonprofit or10 ganizations in the State to implement the steward11 ship plan and develop programs that will preserve

12 and interpret the historical, cultural, natural, rec13 reational, and scenic resources of the historical site;

14 and

15 (5) to authorize the Secretary to provide tech16 nical assistance to the State of Ohio, political sub17 divisions of the State, and nonprofit organizations in

18 the State (including the Ohio Historical Society, the

19 city of Maumee, the Maumee Valley Heritage Cor20 ridor, the Fallen Timbers Battlefield Preservation

21 Commission, Heidelberg College, the city of Toledo,

22 and the Metropark District of the Toledo Area) to

23 implement the stewardship plan.

24 SEC. 3. DEFINITIONS.

25 In this Act:
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1 (1) HISTORICAL SITE.—The term ‘‘historical

2 site’’ means the Fallen Timbers Battlefield and

3 Monument and Fort Miamis National Historical Site

4 established by section 4.

5 (2) MANAGEMENT ENTITY.—The term ‘‘man6 agement entity’’ means the Ohio Historical Society,

7 the city of Maumee, the Maumee Valley Heritage

8 Corridor, the Fallen Timbers Battlefield Preserva9 tion Commission, Heidelberg College, the city of To10 ledo, the Metropark District of the Toledo Area, and

11 any other entity designated by the Governor of Ohio.

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

13 the Secretary of the Interior.

14 (4) STEWARDSHIP PLAN.—The term ‘‘steward15 ship plan’’ means the management plan developed by

16 the management entity.

17 (5) TECHNICAL ASSISTANCE.—The term ‘‘tech18 nical assistance’’ means any guidance, advice, or

19 other aid, other than financial assistance, provided

20 by the Secretary.

21 SEC. 4. FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS

22 NATIONAL HISTORICAL SITE.

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

24 State of Ohio the Fallen Timbers Battlefield and Fort Mi25 amis National Historical Site.
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1 (b) BOUNDARIES.—

2 (1) IN GENERAL.—The historical site shall be

3 composed of—

4 (A) the Fallen Timbers 185-acre battlefield

5 site described in paragraph (3);

6 (B) the 9-acre battlefield monument; and

7 (C) the Fort Miamis site.

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

9 of the historical site, which shall be on file and avail10 able for public inspection in the office of the Direc11 tor of the National Park Service.

12 (3) FALLEN TIMBERS SITE.—For purposes of

13 paragraph (1), the Fallen Timbers site generally

14 comprises a 185-acre parcel northeast of U.S. 24,

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

16 Western Railroad line, and east of Jerome Road.

17 (4) CONSENT OF LOCAL PROPERTY OWNERS.—

18 No privately owned property or property owned by

19 a municipality shall be included within the bound20 aries of the historical site unless the owner of the

21 property consents to the inclusion.

22 SEC. 5. WITHDRAWAL OF DESIGNATION.

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

24 national historical site unless—

25 (1) the Secretary determines that—
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1 (A) the use, condition, or development of

2 the historical site is incompatible with the pur3 poses of this Act; or

4 (B) the management entity of the histor5 ical site has not made reasonable and appro6 priate progress in preparing or implementing

7 the stewardship plan for the historical site; and

8 (2) after making a determination under para9 graph (1), the Secretary submits to Congress notifi10 cation that the historical site designation should be

11 withdrawn.

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

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

14 shall hold a public hearing in the historical site.

15 (c) TIME OF WITHDRAWAL OF DESIGNATION.—

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

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

18 calendar day on which both Houses of Congress are

19 in session.

20 (2) TIME PERIOD.—The withdrawal of the his21 torical site designation shall become final 90 legisla22 tive days after the Secretary submits to Congress

23 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 to prepare and im7 plement the stewardship plan to—

8 (i) the State of Ohio;

9 (ii) a political subdivision of the State;

10 (iii) a nonprofit organization in the

11 State; or

12 (iv) any other person on a request by

13 the management entity.

14 (B) PROHIBITION OF CERTAIN REQUIRE15 MENTS.—The Secretary may not, as a condition

16 of the award of technical assistance under this

17 section, require any recipient of the technical

18 assistance to establish or modify land use re19 strictions.

20 (C) DETERMINATIONS REGARDING ASSIST21 ANCE.—

22 (i) DECISION BY SECRETARY.—The

23 Secretary shall decide if technical assist24 ance should be awarded and the amount, if

25 any, of the assistance.
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1 (ii) STANDARD.—A decision under

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

3 which the historical site effectively fulfills

4 the objectives contained in the stewardship

5 plan and achieves the purposes of this Act.

6 (2) DEVELOPMENT OF STEWARDSHIP PLAN.—

7 The Secretary may assist in development of the

8 stewardship plan.

9 (3) PROVISION OF INFORMATION.—In coopera10 tion with the heads of other Federal agencies, the

11 Secretary shall provide the public with information

12 regarding the location and character of the historical

13 site.

14 (b) DUTIES OF OTHER FEDERAL AGENCIES.—The

15 head of any Federal agency conducting an activity directly

16 affecting the historical site shall—

17 (1) consider the potential effect of the activity

18 on the stewardship plan; and

19 (2) consult with the management entity of the

20 historical site with respect to the activity to mini21 mize the adverse effects of the activity on the histor22 ical site.
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1 SEC. 7. NO EFFECT ON LAND USE REGULATION AND PRI2 VATE PROPERTY.

3 (a) NO EFFECT ON AUTHORITY OF GOVERN4 MENTS.—Nothing in this Act modifies, enlarges, or dimin5 ishes the authority of any Federal, State, or local govern6 ment to regulate the use of land by law (including regula7 tions).

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

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

10 to the management entity of the historical site.

11 (c) NO EFFECT ON LOCAL AUTHORITY OR PRIVATE

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

13 management entity to interfere with—

14 (1) the rights of any person with respect to pri15 vate property; or

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

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

18 State.

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

20 (a) NO DIMINISHMENT OF STATE AUTHORITY.—The

21 establishment of the historical site shall not diminish the

22 authority of the State to manage fish and wildlife, includ23 ing the regulation of fishing, hunting, and trapping in the

24 historical site.

25 (b) NO CONDITIONING OF APPROVAL AND ASSIST26 ANCE.—The Secretary and the head of any other Federal
10

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1 agency may not make a limitation on fishing, hunting, or

2 trapping—

3 (1) a condition of the determination of eligi4 bility for assistance under this Act; or

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

6 with the historical site, of any other form of assist7 ance from the Secretary or the agency, respectively.

8 SECTION 1. SHORT TITLE.

9 This Act may be cited as the ‘‘Fallen Timbers Battle10 field and Fort Miamis National Historic Site Act of 1999’’.

11 SEC. 2. DEFINITIONS.

12 As used in this Act:

13 (a) DEFINITIONS.—

14 (1) The term ‘‘historic site’’ means the Fallen

15 Timbers Battlefield and Monument and Fort Miamis

16 National Historic Site established by section 4 of this

17 Act.

18 (2) The term ‘‘management plan’’ means the

19 general management plan developed pursuant to sec20 tion 5(d).

21 (3) The term ‘‘Secretary’’ means the Secretary of

22 the Interior.

23 (4) The term ‘‘management entity’’ means one

24 representative from each of the following organiza25 tions:
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1 (A) The Ohio Historical Society;

2 (B) The City of Maumee;

3 (C) The Maumee Valley Heritage Corridor;

4 (D) The Fallen Timbers Battlefield Preser5 vation Commission;

6 (E) Heidelberg College;

7 (F) The City of Toledo;

8 (G) The Metropark District of the Toledo

9 Area; and

10 (H) any other 2 organizations designated

11 by the Governor of Ohio.

12 (5) The term ‘‘technical assistance’’ means any

13 guidance, advice, or other aid, other than financial

14 assistance, provided by the Secretary.

15 SEC. 3. FINDINGS AND PURPOSES.

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

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

18 the site of the 1794 battle between General Anthony

19 Wayne and a confederation of Native American tribes

20 led by Little Turtle and Blue Jacket.

21 (2) Fort Miamis was occupied by General

22 Wayne’s legion from 1796 to 1798.

23 (3) In the spring of 1813, British troops, led by

24 General Henry Proctor, landed at Fort Miamis and

25 attacked the fort twice, without success.
12

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1 (4) Fort Miamis and Fallen Timbers Battlefield

2 are in Lucas County, Ohio, in the city of Maumee.

3 (5) The 9-acre Fallen Timbers Battlefield Monu4 ment is listed as a National Historic Landmark.

5 (6) Fort Miamis is listed in the National Reg6 ister of Historic Places as a historic site.

7 (7) In 1959, the Fallen Timbers Battlefield was

8 included in the National Survey of Historic Sites and

9 Buildings as 1 of 22 sites representing the ‘‘Advance

10 of the Frontier, 1763–1830’’.

11 (8) In 1960, the Fallen Timbers Battlefield was

12 designated as a National Historic Landmark.

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

14 (1) to recognize and preserve the 185-acre Fallen

15 Timbers Battlefield site;

16 (2) to recognize and preserve the Fort Miamis

17 site;

18 (3) to formalize the linkage of the Fallen Timbers

19 Battlefield and Monument to Fort Miamis;

20 (4) to preserve and interpret United States mili21 tary history and Native American culture during the

22 period from 1794 through 1813;

23 (5) to provide assistance to the State of Ohio, po24 litical subdivisions of the State, and nonprofit organi25 zations in the State to implement the management
13

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1 plan and develop programs that will preserve and in2 terpret the historical, cultural, natural, recreational

3 and scenic resources of the historic site; and

4 (6) to authorize the Secretary to provide tech5 nical assistance to the State of Ohio, political sub6 divisions of the State, and nonprofit organizations in

7 the State, including the Ohio Historical Society, the

8 city of Maumee, the Maumee Valley Heritage Cor9 ridor, the Fallen Timbers Battlefield Commission,

10 Heidelberg College, the city of Toledo, and the

11 Metropark District of the Toledo Area, to implement

12 the management plan.

13 SEC. 4. ESTABLISHMENT OF THE FALLEN TIMBERS BATTLE14 FIELD AND FORT MIAMIS NATIONAL HIS15 TORIC SITE.

16 (a) IN GENERAL.—There is established, as an affili17 ated area of the National Park System, the Fallen Timbers

18 Battlefield and Fort Miamis National Historic Site in the

19 State of Ohio.

20 (b) DESCRIPTION.—The historic site is comprised of

21 the following as generally depicted on the map entitled Fall22 en Timbers Battlefield and Fort Miamis National Histor23 ical Site-proposed, number NHS–FTFM, and dated May

24 1999:
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1 (1) The Fallen Timbers site, comprised generally

2 of the following:

3 (A) The Fallen Timbers Battlefield site,

4 consisting of an approximately 185-acre parcel

5 located north of U.S. 24, west of U.S. 23/I–475,

6 south of the Norfolk and Western Railroad line,

7 and east of Jerome Road.

8 (B) The approximately 9-acre Fallen Tim9 bers Battlefield Monument, located south of U.S.

10 24; and

11 (2) The Fort Miamis Park site.

12 (c) MAP.—The map shall be on file and avail13 able for public inspection in the appropriate offices of

14 the National Park Service.

15 SEC. 5. ADMINISTRATION OF HISTORIC SITES.

16 (a) APPLICABILITY OF NATIONAL PARK SYSTEM

17 LAWS.—The historic site shall be administered in a manner

18 consistent with this Act and all laws generally applicable

19 to units of the National Park System, including the Act

20 of August 25, 1916 (16 U.S.C. 1, 2–4; commonly known

21 as the National Park Service Organic Act), and the Act

22 of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known

23 as the Historic Sites, Buildings, and Antiquities Act).

24 (b) COOPERATIVE AGREEMENT.—The Secretary may

25 enter into a cooperative agreement with the management
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1 entity to provide technical assistance to ensure the marking,

2 research, interpretation, education and preservation of the

3 Fallen Timbers Battlefield and Fort Miamis National His4 toric Site.

5 (c) REIMBURSEMENT.—Any payment made by the

6 Secretary pursuant to this section shall be subject to an

7 agreement that conversion, use or disposal of the project so

8 assisted for purposes contrary to the purposes of this section

9 as determined by the Secretary, shall result in a right of

10 the United States to reimbursement of all funds made avail11 able to such project or the proportion of the increased value

12 of the project attributable to such funds as determined at

13 the time of such conversion, use of disposal, whichever is

14 greater.

15 (d) GENERAL MANAGEMENT PLAN.—

16 (1) IN GENERAL.—The Secretary, in consultation

17 with the management entity and Native American

18 tribes whose ancestors were involved in events at these

19 sites, shall develop a general management plan for the

20 historic site. The plan shall be prepared in accordance

21 with section 12(b) of Public Law 91–383 (16 U.S.C.

22 1a–1 et seq.; commonly known as the National Park

23 System General Authorities Act).
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1 (2) COMPLETION.—The plan shall be completed

2 not later than 2 years after the date funds are made

3 available.

4 (3) TRANSMITTAL.—Not later than 30 days after

5 completion of the plan, the Secretary shall provide a

6 copy of the plan to the Committee on Energy and

7 Natural Resources of the Senate and the Committee

8 on Resources of the House of Representatives.

9 SEC. 6. AUTHORIZATION OF APPROPRIATIONS

10 There is authorized to be appropriated such funds as

11 are necessary to carry out this Act.

Calendar No. 134

106TH CONGRESS

1ST SESSION S. 548

[Report No. 106–64]

A BILL

To establish the Fallen Timbers Battlefield and

State of Ohio.Fort Miamis National Historical Site in the

JUNE 7, 1999

Reported with an amendment