< Back to H.R. 4821 (103rd Congress, 1993–1994)

Text of the Honey Springs National Battlefield and Washita Battlefield National Historic Site Act of 1994

This bill was introduced on July 25, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 25, 1994 (Introduced).

Download PDF

Source: GPO

HR 4821 IH

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 Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Honey Springs National Battlefield and Washita Battlefield National Historic 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 and Confederate forces in the Indian Territory (Oklahoma). Union victory at Honey Springs prevented the Confederates from capturing Fort Gibson and resulted in Union control of the Indian Territory 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 Plains tribes and the United States Army on the southern Great Plains. The site is a registered National Historic Landmark.

      (6) Lt. Colonel George A. Custer, leading the 7th United States Cavalry, attacked the sleeping Cheyenne village of peace chief Black Kettle. Custer’s attack resulted in more than 150 Indian casualties, many of them women and children.

      (7) The Battle of the Washita symbolizes the struggle of the southern Great Plains tribes to maintain their traditional ways of life and not to submit to reservation confinement.

      (8) The Washita battle site possesses a high degree of integrity and the cultural landscape is essentially 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;

      (2) establish Honey Springs as a national battlefield to preserve, protect, and interpret its national, historical, and cultural resources for the benefit, 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 struggles that occurred in the Indian Territory and provide opportunities for American Indian representatives and other groups to be involved in the formulation of educational programs for the national battlefield.

SEC. 102. ESTABLISHMENT.

    (a) IN GENERAL- In order to provide for the preservation 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 battlefield’).

    (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 XXXXX and dated XXXXX 1994. This map shall be on file in the offices of the Director of the National Park Service, Department of the Interior, the 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 Secretary 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 boundary 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 acquired 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

      (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 National 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 battlefield, 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 resources of the national battlefield, providing for public understanding and appreciation of the area in such a manner as to perpetuate these qualities and values for future generations.

    (c) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with State and local public departments and agencies, Indian tribes, African-American organizations, and nonprofit entities to--

      (1) provide technical assistance for the management, protection, and interpretation of the national battlefield; and

      (2) provide grants for the annual costs of operation and maintenance, protection, preservation, and rehabilitation of the national battlefield.

SEC. 104. ACQUISITION OF PROPERTY.

    Within the national battlefield boundary established by section 102(b) of this Act, the Secretary is authorized to acquire lands and interest in lands by donation, purchase with donated or appropriated funds, or exchange. Lands or interest in lands owned by the State of Oklahoma or any political subdivision thereof may be acquired only by donation.

      (1) Except for property which the Secretary determines to be necessary for the purposes of administration, development, access or public use, an owner or owners (hereafter referred to as ‘owner’) of any improved property which is used solely for noncommercial residential purposes on the date of its acquisition by the Secretary or any owner of lands used solely for agricultural purposes (including, 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 appropriate to assure the use of such property in accordance with the purposes of this Act. Upon a determination 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 holder of such right an amount equal to fair market 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 construction 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 enjoyment of the dwelling for the sole purpose of noncommercial 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 Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives, a general management plan for the national battlefield consistent with the purposes of this Act, including, but not limited to--

      (1) a cultural resource protection program for the preservation of historic properties (including historic 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 location 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 direction 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 Battlefield Advisory Commission established pursuant to section 106 of this Act and the State of Oklahoma.

SEC. 106. HONEY SPRINGS NATIONAL BATTLEFIELD ADVISORY COMMISSION.

    (a) There is hereby established the Honey Springs National Battlefield Advisory Commission (hereinafter in this Act referred to as the ‘Commission’). The Commission shall be composed of members appointed by the Secretary for terms of five years as follows:

      (1) One member who shall have professional expertise in Civil War history.

      (2) One member who shall have professional expertise in Indian history or ceremonial activities.

      (3) One member who shall have professional expertise in African-American history.

      (4) One member who shall have professional expertise in outdoor recreation.

      (5) One member who shall be an affected landowner from the Oktaha community.

      (6) One member who shall be an affected landowner from the Rentiesville community.

      (7) One member who shall have professional expertise 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 appointed. 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 Commission, 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 Government 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 Commission 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 requirements 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 Advisory 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 development of the park, and on the preparation of the general management plan referred to in section 105. The Secretary, or his or her designee, shall from time to time, but at least semiannually, meet and consult with the Commission on matters relating to the management and development 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 element of frontier military history and as a symbol of the struggles of the southern Great Plains Tribes to maintain control of their traditional use areas; and

        (2) establish the site of the Battle of the Washita as a national historic site and provide opportunities for American Indian groups including the Cheyenne-Arapaho Tribe to be involved in the formulation of plans and educational programs for the national historic site.

SEC. 202. ESTABLISHMENT.

    (a) IN GENERAL- In order to provide for the preservation and interpretation of the Battle of the Washita, there is hereby established the Washita Battlefield National 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 consist of approximately 2,900 acres as generally depicted on the map entitled ‘Washita Battlefield National Historic Site’, numbered XXXXX and dated XXXXX 1994. This map shall be on file in the offices of the Director of the National Park Service, Department of the Interior, 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 historic 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.

SEC. 203. ADMINISTRATION.

    (a) IN GENERAL- The Secretary, acting through the Director of the National Park Service, shall manage the national historic site in accordance with this Act and the provisions of law generally applicable to units of the National 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- The park shall be managed for these purposes, among others:

      (1) To protect and preserve the national historic site, including the topographic features important to the battle site, 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 resources of the national battlefield, providing for public understanding and appreciation of the area in such a manner as to perpetuate these qualities and values for future generations.

    (c) CONSULTATION AND TRAINING- The Secretary, acting through the Director of the National Park Service, shall consult regularly with the Cheyenne-Arapaho Tribe on the formulation of the management plan pursuant to section 205 of this Act and on preparation of educational programs provided to the public. The Secretary is authorized to enter into cooperative agreements with the Cheyenne-Arapaho Tribe, its subordinate boards, committees, and enterprises to further the purposes of this Act.

    (d) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with State and local public departments and agencies, Indian tribes, and nonprofit entities to--

      (1) provide technical assistance for the management, protection, and interpretation of the national battlefield; and

      (2) provide grants for the annual costs of operation and maintenance, protection, preservation, and rehabilitation of the national battlefield.

SEC. 204. ACQUISITION OF PROPERTY.

    Within the national battlefield boundary established by section 202(b) of this Act, the Secretary is authorized to acquire lands and interest in lands by donation, purchase with donated or appropriated funds, or exchange. Lands or interest in lands owned by the State of Oklahoma or any political subdivision thereof may be acquired only by donation.

      (1) Except for property which the Secretary determines to be necessary for the purposes of administration, development, access or public use, an owner or owners (hereafter referred to as ‘owner’) of any improved property which is used solely for noncommercial residential purposes on the date of its acquisition by the Secretary or any owner of lands used solely for agricultural purposes (including, 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 of occupancy shall be subject to such terms and conditions as the Secretary deems appropriate to assure the use of such property in accordance with the purposes of this Act. Upon a determination 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 holder of such right an amount equal to fair market 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 construction 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 enjoyment of the dwelling for the sole purpose of noncommercial residential use.

SEC. 205. 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 Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives, a general management plan for the national historic site consistent with the purposes of this Act, including, but not limited to--

      (1) a cultural resource protection program for the preservation of historic properties (including historic 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 location and cost of public facilities;

      (3) a research and curation plan;

      (4) a highway signing program; and

      (5) involvement by the Cheyenne-Arapaho Tribe in the formulation of educational programs for the national historic site.

    (b) The general management plan shall be prepared in consultation with the Washita Battlefield National Historic Site Advisory Commission established pursuant to section 206 of this Act and the State of Oklahoma.

SEC. 206. WASHITA BATTLEFIELD NATIONAL HISTORIC SITE ADVISORY COMMISSION.

    (a) There is hereby established the Washita Battlefield National Historic Site Advisory Commission (hereinafter in this Act referred to as the ‘Commission’). The Commission shall be composed of members appointed by the Secretary for terms of five years as follows:

      (1) One member who shall have professional expertise in Indian history or ceremonial activities.

      (2) One member who shall have professional expertise in outdoor recreation.

      (3) One member who shall be an affected landowner.

      (4) One member who shall have professional expertise in cultural anthropology.

      (5) One member from the Washita Battlefield preservation association.

      (6) One member from the general public.

      (7) The Executive Director of the Oklahoma Historical Society, or his or her designee, ex officio.

      (8) 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 appointed. A vacancy in the Commission shall be filled 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 Commission, 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 Government 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 Commission 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 requirements 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 Advisory Commission 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 development of the park, and on the preparation of the general management plan referred to in section 6. The Secretary, or his or her designee, shall from time to time, but a least semiannually, meet and consult with the Commission on matters relating to the management and development of the park.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.