I
105TH CONGRESS
2D SESSION
H. R. 4562
To establish the Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis
National Historical Site in the State of Ohio.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 14, 1998
Ms. KAPTUR (for herself and Mr. GILLMOR) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To establish the Fallen Timbers Battlefield, Fort Meigs,
and Fort Miamis National Historical Site in the State
of Ohio.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fallen Timbers Battle-
field, Fort Meigs, and Fort Miamis National Historical
Site Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) The 185-acre Fallen Timbers Battlefield is
the site of the 1794 battle between the United
States Army, led by General Anthony Wayne, and
the confederation of Native American tribes led by
the great Chief Tecumseh.
(2) Fort Meigs was constructed in January
1813, following the defeat of American troops com-
manded by James Winchester at the battle of
Frenchtown near Monroe, Michigan.
(3) British troops, led by General Henry Proc-
tor, landed at Fort Miamis in the spring of 1813
and attacked the fort twice, without success.
(4) Fort Meigs State Memorial is located in
Wood County, Ohio, in the city of Perrysburg.
(5) Fort Miamis and the Fallen Timbers Bat-
tlefield are in Lucas County, Ohio, in the city of
Maumee.
(6) The 9-acre Fallen Timbers Battlefield
Monument is listed as a National Historic Land-
mark.
(7) In 1969, Fort Meigs was listed on the Na-
tional Register of Historic Places and designated as
a National Historic Landmark.
(8) Fort Miamis is listed in the National Reg-
ister of Historic Places as a historic site.
(9) In 1959, the Battle of Fallen Timbers was
included in the National Survey of Historic Sites
and Buildings as 1 of 22 sites representing the ‘‘Ad-
vance of the Frontier, 1763–1830’’.
(10) In 1960, the Battle of Fallen Timbers was
designated as a National Historic Landmark.
(b) PURPOSES.—The purposes of this Act are the fol-
lowing:
(1) To recognize and preserve the 185-acre
Fallen Timbers Battlefield site.
(2) To formalize the linkage of the Fallen Tim-
bers Battlefield and Monument to Fort Miamis and
Fort Meigs.
(3) To preserve and interpret United States
military history and Native American culture in the
Northwest Territory during the period from 1794
through 1813.
(4) To provide assistance to the State of Ohio,
political subdivisions of the State, and nonprofit or-
ganizations in the State, in implementing a manage-
ment plan that will preserve and interpret the his-
torical, cultural, natural, recreational, and scenic re-
sources of the historical site.
(5) To authorize the Secretary to provide tech-
nical assistance to the State of Ohio, political sub-
divisions of the State, and nonprofit organizations in
the State (including the Ohio Historical Society, the
city of Maumee, the Maumee Valley Heritage Cor-
ridor, the city of Toledo, and the Metropark District
of the Toledo Area) in developing the management
plan.
SEC. 3. DEFINITIONS.
In this Act:
(1) HISTORICAL
SITE.—The term ‘‘historical
site’’ means the Fallen Timbers Battlefield and
Monument, Fort Meigs, and Fort Miamis National
Historical Site established by section 4.
(2) MANAGEMENT ENTITY.—The term ‘‘man-
agement entity’’ means—
(A) the Ohio Historical Society, the city of
Maumee, the Maumee Valley Heritage Corridor,
Inc., the city of Toledo, the Metropark District
of the Toledo Area, and
(B) any other entity designated by the
Governor of Ohio and approved by the Sec-
retary in accordance with section 5, as a mem-
ber of the management entity;
acting jointly.
(3) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means a plan for management of the
historical site, that is developed by the management
entity and approved by the Secretary in accordance
with section 7.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) TECHNICAL ASSISTANCE.—The term ‘‘tech-
nical assistance’’ means any guidance, advice, or
other aid, other than financial assistance, provided
by the Secretary.
SEC. 4. FALLEN TIMBERS BATTLEFIELD, FORT MEIGS, AND
FORT MIAMIS NATIONAL HISTORICAL SITE.
(a) ESTABLISHMENT.—There is established in the
State of Ohio the Fallen Timbers Battlefield, Fort Meigs,
and Fort Miamis National Historical Site.
(b) COMPONENTS.—
(1) IN GENERAL.—The historical site is com-
prised of the following:
(A) The Fallen Timbers site, comprised
generally of the following:
(i) 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.
(ii) The approximately 9-acre Fallen
Timbers battlefield monument, located
south of U.S. 24.
(B) The approximately 66.2-acre Fort
Meigs State Memorial site.
(C) The Fort Miamis Park site.
(2) MAP.—The management entity shall pre-
pare a map of the historical site, which shall be on
file and available for public inspection in the offices
of the management entity.
(3) CONSENT OF LOCAL PROPERTY OWNERS.—
No privately owned property shall be included within
the boundaries of the historical site unless the owner
of the property consents to the inclusion.
SEC. 5. COMPLETION OF COMPOSITION OF MANAGEMENT
ENTITY.
Not later than 60 days after the date of the enact-
ment of this Act, the Governor of Ohio may designate any
entity for purposes of section 3(2)(A) and transmit that
designation to the Secretary. The Secretary shall approve
or disapprove any entity designated by the Governor by
not later than 60 days after the date of that transmittal.
SEC. 6. WITHDRAWAL OF DESIGNATION.
(a) IN GENERAL.—The historical site shall remain a
National historical site unless—
(1) the Secretary determines that—
(A) the use, condition, or development of
the historical site is incompatible with the pur-
poses of this Act; or
(B) the management entity has not made
reasonable and appropriate progress in prepar-
ing or implementing the management plan for
the historical site; and
(2) after making a determination under para-
graph (1), the Secretary submits to the Congress no-
tification that establishment of the historical site
should be withdrawn.
(b) PUBLIC HEARING.—Before the Secretary makes
a determination under subsection (a)(1), the Secretary
shall hold a public hearing in the historical site.
(c) TIME OF WITHDRAWAL OF DESIGNATION.—
(1) DEFINITION OF LEGISLATIVE DAY.—In this
subsection, the term ‘‘legislative day’’ means any
calendar day on which both Houses of Congress are
in session.
(2) TIME PERIOD.—The withdrawal of the his-
torical site designation shall become final 90 legisla-
tive days after the Secretary submits to Congress
the notification under subsection (a)(2).
the activity to minimize the adverse effects of the activity
on the historical site.
SEC. 8. NO EFFECT ON LAND USE REGULATION AND PRI-
VATE PROPERTY.
(a) NO
EFFECT
ON
AUTHORITY
OF
GOVERN-
MENTS.—Nothing in this Act modifies, enlarges, or dimin-
ishes the authority of any Federal department or agency
to regulate the use of land.
(b) NO ZONING OR LAND USE POWERS.—Nothing
in this Act—
(1) grants any power of zoning or land use con-
trol to the management entity; or
(2) modifies, enlarges, or diminishes any exist-
ing authority to regulate land use by any State or
local government entity which is a member of the
management entity.
(c) NO EFFECT ON LOCAL AUTHORITY OR PRIVATE
PROPERTY.—Nothing in this Act affects or authorizes the
management entity to interfere with—
(1) the rights of any person with respect to pri-
vate property; or
(2) any local zoning ordinance or land use plan
of the State of Ohio or a political subdivision of the
State.
SEC. 9. FISHING, TRAPPING, AND HUNTING.
(a) NO DIMINISHMENT OF STATE AUTHORITY.—Es-
tablishment of the historical site does not diminish the au-
thority of the State of Ohio to manage fish and wildlife,
including the regulation of fishing, hunting, and trapping
in the historical site.
(b) NO CONDITIONING OF APPROVAL AND ASSIST-
ANCE.—Neither the Secretary nor any other Federal agen-
cy may make a limitation on fishing, hunting, or trap-
ping—
(1) a condition of the determination of eligi-
bility for assistance under this Act; or
(2) a condition for the receipt, in connection
with the historical site, of any other form of assist-
ance from the Secretary or the agency, respectively.
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