article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Fallen Timbers Battlefield 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) British troops, led by General Henry Proctor, landed at Fort Miamis in the spring of 1813 and attacked the fort twice, without success. (3) Fort Miamis and the Fallen Timbers Battlefield are in Lucas County, Ohio, in the city of Maumee. (4) The 9-acre Fallen Timbers Battlefield Monument is listed as a National Historic Landmark. (5) Fort Miamis is listed in the National Register of Historic Places as a historic site. (6) 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 ``Advance of the Frontier, 1763-1830''. (7) In 1960, the Battle of Fallen Timbers was designated as a National Historic Landmark. (b) Purposes.--The purposes of this Act are the following: (1) To recognize and preserve the 185-acre Fallen Timbers Battlefield site. (2) To formalize the linkage of the Fallen Timbers Battlefield and Monument to Fort Miamis. (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 organizations in the State, in implementing a management plan that will preserve and interpret the historical, cultural, natural, recreational, and scenic resources of the historical site. (5) To authorize the Secretary to provide technical assistance to the State of Ohio, political subdivisions of the State, and nonprofit organizations in the State (including the Ohio Historical Society, the city of Maumee, the Maumee Valley Heritage Corridor, the city of Toledo, the Fallen Timbers Battlefield Preservation Commission, 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 and Fort Miamis National Historical Site established by section 4. (2) Management entity.--The term ``management 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 Secretary in accordance with section 5, as a member of the management entity; acting jointly. (3) Management plan.--The term ``management 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 ``technical assistance'' means any guidance, advice, or other aid, other than financial assistance, provided by the Secretary. SEC. 4. FALLEN TIMBERS BATTLEFIELD AND FORT MIAMIS NATIONAL HISTORICAL SITE. (a) Establishment.--There is established in the State of Ohio the Fallen Timbers Battlefield and Fort Miamis National Historical Site. (b) Components.-- (1) In general.--The historical site is comprised 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 Fort Miamis Park site. (2) Map.--The management entity shall prepare 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 enactment 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 purposes of this Act; or (B) the management entity has not made reasonable and appropriate progress in preparing or implementing the management plan for the historical site; and (2) after making a determination under paragraph (1), the Secretary submits to the Congress notification 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 historical site designation shall become final 90 legislative days after the Secretary submits to Congress the notification under subsection (a)(2). SEC. 7. APPROVAL OF MANAGEMENT PLAN; CONSISTENCY OF FEDERAL ACTIONS. (a) Approval.-- (1) In general.--The management entity shall submit any proposed management plan to the Governor of the State of Ohio. Within 60 days after receiving the proposed management plan, the Governor shall transmit to the Secretary the proposed plan and any recommendations of the Governor regarding the proposed plan. Within 30 days after receiving the proposed management plan, the Secretary shall approve the proposed plan or return it to the Governor with any changes recommended by the Secretary. (2) Role of secretary.--The Secretary may not approve a proposed management plan unless it includes provisions which describe the role of the Secretary in implementing the plan. (3) Assistance.--The Secretary shall assist the management entity in the preparation of the management plan. (b) Ensuring Consistency of Other Federal Actions.--Any Federal agency conducting an activity directly affecting the historical site shall consider the potential effect of the activity on the management plan and shall consult with the management entity with respect to the activity to minimize the adverse effects of the activity on the historical site. SEC. 8. NO EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY. (a) No Effect on Authority of Governments.--Nothing in this Act modifies, enlarges, or diminishes 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 control to the management entity; or (2) modifies, enlarges, or diminishes any existing 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 private 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.--Establishment of the historical site does not diminish the authority 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 Assistance.--Neither the Secretary nor any other Federal agency may make a limitation on fishing, hunting, or trapping-- (1) a condition of the determination of eligibility for assistance under this Act; or (2) a condition for the receipt, in connection with the historical site, of any other form of assistance from the Secretary or the agency, respectively.
summary: Fallen Timbers Battlefield and Fort Miamis National Historical Site Act - Establishes the Fallen Timbers Battlefield and Fort Miamis National Historical Site in Ohio. Authorizes the Governor of Ohio to designate, from a specified list of candidates, a management entity which shall draw up a management plan for approval by the Secretary of the Interior. Prohibits the Secretary or any other Federal agency from making a limitation on fishing, hunting, or trapping a condition of the determination of eligibility for, or receipt of, assistance under this Act.