I
104TH CONGRESS
2D SESSION
H. R. 4174
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 25, 1996
Ms. KAPTUR 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 that—
(1) the 185-acre Fallen Timbers Battlefield is
the site of the 1794 battle between General Anthony
Wayne and a confederation of Native American
tribes;
(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 Monu-
ment is listed as a National Historic Landmark;
(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’’; and
(10) in 1960, the Battle of Fallen Timbers was
designated as a National Historic Landmark.
(b) PURPOSES.—The purposes of this Act are—
(1) to recognize and preserve the 185-acre Fall-
en 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 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 the Stew-
ardship Plan and developing programs that will pre-
serve and interpret the historical, cultural, natural,
recreational, and scenic resources of the historical
site; and
(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 implementing the Steward-
ship 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 the Ohio Historical Society,
the city of Maumee, the Maumee Valley Heritage
Corridor, the city of Toledo, the Metropark District
of the Toledo Area, and any other entity designated
by the Governor of Ohio.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(4) STEWARDSHIP PLAN.—The term ‘‘Steward-
ship Plan’’ means the management plan developed
by the management entity.
(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) BOUNDARIES.—
(1) IN GENERAL.—The historical site comprises
the Fallen Timbers 185-acre battlefield site and 9-
acre battlefield monument, the 66.2-acre Fort Meigs
State Memorial site, and the Fort Miamis site.
(2) MAP.—The Secretary shall prepare a map
of the historical site, which shall be on file and avail-
able for public inspection in the office of the Direc-
tor of the National Park Service.
(3) FALLEN TIMBERS SITE.—The Fallen Tim-
bers site generally comprises a 185-acre parcel
northeast of U.S. 24, west of U.S. 23/I–475, south
of the Norfolk and Western Railroad line, and east
of Jerome Road.
(4) 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. 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 of the histori-
cal site has not made reasonable and appro-
priate progress in preparing or implementing
the Stewardship Plan for the historical site; and
(2) after making a determination under para-
graph (1), the Secretary submits to Congress notifi-
cation that the historical site designation 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).
(b) NO ZONING OR LAND USE POWERS.—Nothing
in this Act grants any power of zoning or land use control
to the management entity of the historical site.
(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. 8. 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 to manage fish and wildlife, including
the regulation of fishing, hunting, and trapping in the his-
torical 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.
Æ