II

106TH CONGRESS

1ST SESSION S. 548

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 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 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 that—

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

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

2 tribes led by Little Turtle and Blue Jacket;

3 (2) Fort Miamis was occupied by General

4 Wayne’s legion from 1796 to 1798;

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

6 General Henry Proctor, landed at Fort Miamis and

7 attacked the fort twice, without success;

8 (4) Fort Miamis and the Fallen Timbers Bat9 tlefield are in Lucas County, Ohio, in the city of

10 Maumee;

11 (5) the 9-acre Fallen Timbers Battlefield Monu12 ment is listed as a national historic landmark;

13 (6) Fort Miamis is listed in the National Reg14 ister of Historic Places as a historic site;

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

16 included in the National Survey of Historic Sites

17 and Buildings as 1 of 22 sites representing the ‘‘Ad18 vance of the Frontier, 1763–1830’’; and

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

20 designated as a national historic landmark.

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

22 (1) to recognize and preserve the 185-acre Fall23 en 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 during

3 the period from 1794 through 1813;

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

5 political subdivisions of the State, and nonprofit or6 ganizations in the State to implement the steward7 ship plan and develop programs that will preserve

8 and interpret the historical, cultural, natural, rec9 reational, and scenic resources of the historical site;

10 and

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 Fallen Timbers Battlefield Preservation

17 Commission, Heidelberg College, the city of Toledo,

18 and the Metropark District of the Toledo Area) to

19 implement the stewardship 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 the Ohio Historical Society,

3 the city of Maumee, the Maumee Valley Heritage

4 Corridor, the Fallen Timbers Battlefield Preserva5 tion Commission, Heidelberg College, the city of To6 ledo, the Metropark District of the Toledo Area, and

7 any other entity designated by the Governor of Ohio.

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

9 the Secretary of the Interior.

10 (4) STEWARDSHIP PLAN.—The term ‘‘steward11 ship plan’’ means the management plan developed by

12 the management entity.

13 (5) TECHNICAL ASSISTANCE.—The term ‘‘tech14 nical assistance’’ means any guidance, advice, or

15 other aid, other than financial assistance, provided

16 by the Secretary.

17 SEC. 4. FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS

18 NATIONAL HISTORICAL SITE.

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

20 State of Ohio the Fallen Timbers Battlefield and Fort Mi21 amis National Historical Site.

22 (b) BOUNDARIES.—

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

24 composed of—
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1 (A) the Fallen Timbers 185-acre battlefield

2 site described in paragraph (3);

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

4 (C) the Fort Miamis site.

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

6 of the historical site, which shall be on file and avail7 able for public inspection in the office of the Direc8 tor of the National Park Service.

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

10 paragraph (1), the Fallen Timbers site generally

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

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

13 Western Railroad line, and east of Jerome Road.

14 (4) CONSENT OF LOCAL PROPERTY OWNERS.—

15 No privately owned property or property owned by

16 a municipality shall be included within the bound17 aries of the historical site unless the owner of the

18 property consents to the inclusion.

19 SEC. 5. WITHDRAWAL OF DESIGNATION.

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

21 national historical site unless—

22 (1) the Secretary determines that—

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

24 the historical site is incompatible with the pur25 poses of this Act; or
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1 (B) the management entity of the histori2 cal site has not made reasonable and appro3 priate progress in preparing or implementing

4 the stewardship plan for the historical site; and

5 (2) after making a determination under para6 graph (1), the Secretary submits to Congress notifi7 cation that the historical site designation should be

8 withdrawn.

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

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

11 shall hold a public hearing in the historical site.

12 (c) TIME OF WITHDRAWAL OF DESIGNATION.—

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

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

15 calendar day on which both Houses of Congress are

16 in session.

17 (2) TIME PERIOD.—The withdrawal of the his18 torical site designation shall become final 90 legisla19 tive days after the Secretary submits to Congress

20 notification under subsection (a)(2).

21 SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

22 (a) DUTIES AND AUTHORITIES OF THE SEC23 RETARY.—

24 (1) TECHNICAL ASSISTANCE.—
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1 (A) IN GENERAL.—The Secretary may

2 provide technical assistance to prepare and im3 plement the stewardship plan to—

4 (i) the State of Ohio;

5 (ii) a political subdivision of the State;

6 (iii) a nonprofit organization in the

7 State; or

8 (iv) any other person on a request by

9 the management entity.

10 (B) PROHIBITION OF CERTAIN REQUIRE11 MENTS.—The Secretary may not, as a condition

12 of the award of technical assistance under this

13 section, require any recipient of the technical

14 assistance to establish or modify land use re15 strictions.

16 (C) DETERMINATIONS REGARDING ASSIST17 ANCE.—

18 (i) DECISION BY SECRETARY.—The

19 Secretary shall decide if technical assist20 ance should be awarded and the amount, if

21 any, of the assistance.

22 (ii) STANDARD.—A decision under

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

24 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 the heads of other Federal agencies, the

8 Secretary shall provide the public with information

9 regarding the location and character of the historical

10 site.

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

12 head of any Federal agency conducting an activity directly

13 affecting the historical site shall—

14 (1) consider the potential effect of the activity

15 on the stewardship plan; and

16 (2) consult with the management entity of the

17 historical site with respect to the activity to mini18 mize the adverse effects of the activity on the histor19 ical site.

20 SEC. 7. NO EFFECT ON LAND USE REGULATION AND PRI21 VATE PROPERTY.

22 (a) NO EFFECT ON AUTHORITY OF GOVERN23 MENTS.—Nothing in this Act modifies, enlarges, or dimin24 ishes the authority of any Federal, State, or local govern-
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1 ment to regulate the use of land by law (including regula2 tions).

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

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

5 to the management entity of the historical site.

6 (c) NO EFFECT ON LOCAL AUTHORITY OR PRIVATE

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

8 management entity to interfere with—

9 (1) the rights of any person with respect to pri10 vate property; or

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

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

13 State.

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

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

16 establishment of the historical site shall not diminish the

17 authority of the State to manage fish and wildlife, includ18 ing the regulation of fishing, hunting, and trapping in the

19 historical site.

20 (b) NO CONDITIONING OF APPROVAL AND ASSIST21 ANCE.—The Secretary and the head of any other Federal

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

23 trapping—

24 (1) a condition of the determination of eligi25 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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