I
103D CONGRESS
2D SESSION
H. R. 4821
To establish the Honey Springs National Battlefield and Washita Battlefield
National Historic Site in the State of Oklahoma, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 1994
Mr. SYNAR (for himself and Mr. LUCAS) introduced the following bill; which
was referred to the Committee on Natural Resources
A BILL
To establish the Honey Springs National Battlefield and
Washita Battlefield National Historic Site in the State
of Oklahoma, and for other purposes.
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 ‘‘Honey Springs Na-
tional Battlefield and Washita Battlefield National His-
toric Site Act of 1994’’.
SEC. 2. FINDINGS.
(a) FINDINGS.—The Congress finds that:
(1) The Battle of Honey Springs, July 17,
1863, was the pivotal battle fought between Union
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and Confederate forces in the Indian Territory
(Oklahoma). Union victory at Honey Springs pre-
vented the Confederates from capturing Fort Gibson
and resulted in Union control of the Indian Terri-
tory for the remainder of the war.
(2) The Battle of Honey Springs represents
more than the pinnacle of Confederate control in the
Indian Territory, it was a multi-racial engagement
where African-Americans, Indians from the Five
Civilized Tribes, Anglos, and Hispanics fought with
and against each other. No other Civil War battle
claims such a distinction.
(3) The Battle of Honey Springs pitted Indians
against Indians and symbolizes the bitter Civil War
strife throughout the Indian Territory where no less
than 90 battles were fought and where many of the
soldiers were Indians.
(4) The battlefield retains much of its historical
integrity and natural setting. Traces of the Texas
Road, one of the major north-south corridors linking
Texas with the midwest, bisects the battlefield.
Much of the fighting at Honey Springs occurred
along or near the Texas Road.
(5) The Battle of the Washita, November 27,
1868, was one of the largest engagements between
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Plains tribes and the United States Army on the
southern Great Plains. The site is a registered Na-
tional Historic Landmark.
(6) Lt. Colonel George A. Custer, leading the
7th United States Cavalry, attacked the sleeping
Cheyenne village of peace chief Black Kettle. Cus-
ter’s attack resulted in more than 150 Indian cas-
ualties, many of them women and children.
(7) The Battle of the Washita symbolizes the
struggle of the southern Great Plains tribes to main-
tain their traditional ways of life and not to submit
to reservation confinement.
(8) The Washita battle site possesses a high de-
gree of integrity and the cultural landscape is essen-
tially intact. The Cheyenne village site has not been
altered substantially except by periodic flooding of
the Washita River.
TITLE 1—HONEY SPRINGS NATIONAL
BATTLEFIELD
SEC. 101. PURPOSE.
The purposes of this title are to—
(1) recognize the importance of the Battle of
Honey Springs as a nationally significant element of
the Civil War history of our Nation;
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(2) establish Honey Springs as a national bat-
tlefield to preserve, protect, and interpret its na-
tional, historical, and cultural resources for the ben-
efit, inspiration, and education of the people of the
United States; and
(3) commemorate the role of American Indians
and African Americans in the bitter Civil War strug-
gles that occurred in the Indian Territory and
provide opportunities for American Indian represent-
atives and other groups to be involved in the formu-
lation of educational programs for the national
battlefield.
SEC. 102. ESTABLISHMENT.
(a) IN GENERAL.—In order to provide for the preser-
vation and interpretation of the Civil War battlefield of
Honey Springs, there is hereby established the Honey
Springs National Battlefield in the State of Oklahoma
(hereafter in this Act referred to as the ‘‘national battle-
field’’).
(b) BOUNDARY.—(1) The national battlefield shall
consist of approximately 3,300 acres as generally depicted
on the map entitled ‘‘Honey Springs National Battlefield,’’
numbered lllll and dated lllll 1994. This
map shall be on file in the offices of the Director of the
National Park Service, Department of the Interior, the
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State of Oklahoma, and other appropriate Federal and
State offices. After advising the Committee on Natural
Resources of the United States House of Representatives
and the Committee on Energy and Natural Resources of
the United States Senate, and the congressional office(s)
where the battlefield parks are located, in writing, the Sec-
retary may, from time to time, make minor revisions in
the boundary of the national battlefield in accordance with
the general management plan developed under section 105
of this Act by publishing of a revised map or other bound-
ary description in the Federal Register.
(2) By January 1, 1996, the Secretary shall submit,
in writing, to the committees referred to in subsection (b),
the congressional office(s) where the battlefield parks are
located, and to the Committees on Appropriations of the
United States Congress a detailed plan which shall
indicate—
(A) the lands and areas identified in this
section,
(B) the lands which have previously been ac-
quired by purchase, donation, exchange, or transfer
for the purpose of this battlefield park,
(C) the annual acquisition program (including
the level of funding) recommended for the ensuing
five years, and
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(D) the final boundary map for the battlefield
park.
SEC. 103. ADMINISTRATION.
(a) IN GENERAL.—The Secretary, acting through the
Director of the National Park Service, shall manage the
national battlefield in accordance with this Act and with
provisions of law generally applicable to units of the Na-
tional Park System, including the Act entitled ‘‘An Act
to establish a National Park Service,’’ approved August
25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), and the Act
of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467),
and for other purposes.
(b) MANAGEMENT PURPOSES.—
(1) To protect and preserve the national battle-
field, including the topographic features important
to the battle sites, particularly the remaining traces
of the ‘‘Texas Road’’ and the fords along Elk Creek,
artifacts and other physical remains of the battle,
and the visual scene as closely as possible as it was
at the time of the battle.
(2) To interpret the cultural and natural re-
sources of the national battlefield, providing for pub-
lic understanding and appreciation of the area in
such a manner as to perpetuate these qualities and
values for future generations.
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lands used solely for agricultural purposes (includ-
ing, but not limited to, grazing) may retain, as a
condition of the acquisition of such property or
lands, a right of use and occupancy of such property
for such residential or agricultural purposes. The
term of the right retained shall expire upon the
death of the owner or the death of his or her spouse,
whichever occurs later, or in lieu thereof, after a
definite term which shall not exceed twenty-five
years after the date of acquisition. The owner shall
elect, at the time of conveyance, the term of the
right reserved. The Secretary shall pay the owner
the fair market value of the property on the date of
such acquisition, less the fair market value of the
term retained by the owner. Such right may, during
its existence, be conveyed or transferred, but all
rights of use and occupancy shall be subject to such
terms and conditions as the Secretary deems appro-
priate to assure the use of such property in accord-
ance with the purposes of this Act. Upon a deter-
mination that the property or any portion thereof,
has ceased to be used in accordance with such terms
and conditions, the Secretary may terminate the
right of use and occupancy by tendering to the hold-
er of such right an amount equal to fair market
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value, as of the date of the tender, of that portion
of the right which remains unexpired on the date of
termination.
(2) As used in this section, the term ‘‘improved
property’’ means a detached year-round one-family
dwelling which serves as the owner’s permanent
place of abode at the time of acquisition, and con-
struction of which was begun before July 22, 1994,
together with so much of the land on which the
dwelling is situated, the said land being in the same
ownership as the dwelling, as the Secretary shall
designate to be reasonably necessary for the enjoy-
ment of the dwelling for the sole purpose of non-
commercial residential use.
SEC. 105. MANAGEMENT PLAN.
(a) Within three years after the date funds are made
available, the National Park Service shall develop and
transmit to the Committee on Energy and Natural Re-
sources of the United States Senate and the Committee
on Natural Resources of the United States House of Rep-
resentatives, a general management plan for the national
battlefield consistent with the purposes of this Act, includ-
ing, but not limited to—
(1) a cultural resource protection program for
the preservation of historic properties (including his-
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toric landscapes, objects, structures, and other types
of sites), and natural values;
(2) a visitor use plan for programs and facilities
that will be provided for public use, including the lo-
cation and cost of public facilities;
(3) a research and curation plan;
(4) a roadway signing plan and educational
media, to aid visitor use;
(5) access to the national battlefield and private
cemeteries contained therein, and ways of providing
safe, high standard highway access; and
(6) educational programs and management di-
rection that address the roles of American Indians,
African-Americans, and Hispanics in the battle and
the Civil War, and the story of the old ‘‘Texas
Road.’’
(b) The general management plan shall be prepared
in consultation with the Honey Springs National Battle-
field Advisory Commission established pursuant to section
106 of this Act and the State of Oklahoma.
SEC. 106. HONEY SPRINGS NATIONAL BATTLEFIELD ADVI-
SORY COMMISSION.
(a) There is hereby established the Honey Springs
National Battlefield Advisory Commission (hereinafter in
this Act referred to as the ‘‘Commission’’). The Commis-
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sion shall be composed of members appointed by the Sec-
retary for terms of five years as follows:
(1) One member who shall have professional ex-
pertise in Civil War history.
(2) One member who shall have professional ex-
pertise in Indian history or ceremonial activities.
(3) One member who shall have professional ex-
pertise in African-American history.
(4) One member who shall have professional ex-
pertise in outdoor recreation.
(5) One member who shall be an affected land-
owner from the Oktaha community.
(6) One member who shall be an affected land-
owner from the Rentiesville community.
(7) One member who shall have professional ex-
pertise in cultural anthropology.
(8) One member from the Friends of Honey
Springs Battlefield Park, Inc.
(9) One member from the general public.
(10) The Executive Director of the Oklahoma
Historical Society, or his or her designee, ex officio.
(11) The Director of the National Park Service,
or his or her designee, ex officio.
(b) Any member of the Commission may serve after
the expiration of his or her term until a successor is ap-
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pointed. A vacancy in the Commission shall be filed in the
same manner in which the original appointment was made.
(c) Members of the Commission shall serve without
pay. While away from their homes or regular places of
business in the performance of services for the Commis-
sion, members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in Gov-
ernment service are allowed expenses under section 5703
of title 5, United States Code.
(d) The Chair and other officers of the Commission
shall be elected by a majority of the members of the Com-
mission to serve for terms established by the Commission.
(e) The Commission shall meet at the call of the
Chair or a majority of its members, but not less than twice
annually. Six members of the Commission shall constitute
a quorum. Consistent with the public meeting require-
ments of section 10 of the Federal Advisory Committee
Act (5 U.S.C. App.), the Commission shall, from time to
time, meet with persons concerned with Indian history and
historic preservation, and with other interested persons.
(f) The Commission may make such bylaws, rules,
and regulations as it considers necessary to carry out its
functions under this Act. Section 14(b) of the Federal Ad-
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visory Committee Act (5 U.S.C. App.), shall not apply to
the Commission.
(g) The Commission shall advise the Secretary and
the State of Oklahoma on the management and develop-
ment of the park, and on the preparation of the general
management plan referred to in section 105. The Sec-
retary, or his or her designee, shall from time to time,
but at least semiannually, meet and consult with the Com-
mission on matters relating to the management and devel-
opment of the park.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
may be necessary to carry out the purposes of this Act.
TITLE II—WASHITA BATTLEFIELD
NATIONAL HISTORIC SITE
SEC. 201. PURPOSE.
The purposes of this title are to—
(1) recognize the importance of the Battle
of the Washita as a nationally significant ele-
ment of frontier military history and as a sym-
bol of the struggles of the southern Great
Plains Tribes to maintain control of their tradi-
tional use areas; and
(2) establish the site of the Battle of the
Washita as a national historic site and provide
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opportunities for American Indian groups in-
cluding the Cheyenne-Arapaho Tribe to be in-
volved in the formulation of plans and edu-
cational programs for the national historic site.
SEC. 202. ESTABLISHMENT.
(a) IN GENERAL.—In order to provide for the preser-
vation and interpretation of the Battle of the Washita,
there is hereby established the Washita Battlefield Na-
tional Historic Site in the State of Oklahoma (hereafter
in this Act referred to as the ‘‘national historic site’’).
(b) BOUNDARY.—The national historic site shall con-
sist of approximately 2,900 acres as generally depicted on
the map entitled ‘‘Washita Battlefield National Historic
Site’’, numbered lllll and dated lllll
1994. This map shall be on file in the offices of the Direc-
tor of the National Park Service, Department of the Inte-
rior, the State of Oklahoma, and other appropriate offices
of the Service. The Secretary may, from time to time,
make minor revisions in the boundary of the national his-
toric site in accordance with the general management plan
developed under section 205 of this Act by publishing of
a revised map or other boundary description in the
Federal Register.