[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2104 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2104

          To authorize the Automobile National Heritage Area.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 1998

Mr. Levin (for himself and Mr. Abraham) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
          To authorize the Automobile National Heritage Area.

    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 ``Automobile National Heritage Area 
Act of 1998''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the industrial, cultural, and natural heritage legacies 
        of Michigan's automobile industry are nationally significant;
            (2) in the areas of Michigan including and in proximity to 
        Detroit, Dearborn, Flint, and Lansing, the design and 
        manufacture of the automobile helped establish and expand the 
        United States industrial power;
            (3) the industrial strength of automobile manufacturing was 
        vital to defending freedom and democracy in 2 world wars and 
        played a defining role in American victories;
            (4) the economic strength of our Nation is connected 
        integrally to the vitality of the automobile industry, which 
        employs millions of workers and upon which 1 out of 7 United 
        States jobs depends;
            (5) the industrial and cultural heritage of the automobile 
        industry in Michigan includes the social history and living 
        cultural traditions of several generations;
            (6) the United Auto Workers and other unions played a 
        significant role in the history and progress of the labor 
        movement and the automobile industry;
            (7) the Department of the Interior is responsible for 
        protecting and interpreting the Nation's cultural and historic 
        resources, and there are significant examples of these 
        resources within Michigan to merit the involvement of the 
        Federal Government to develop programs and projects in 
        cooperation with the Automobile National Heritage Area 
        Partnership, Incorporated, the State of Michigan, and other 
        local and governmental bodies, to adequately conserve, protect, 
        and interpret this heritage for the educational and 
        recreational benefit of this and future generations of 
        Americans;
            (8) the Automobile National Heritage Area Partnership, 
        Incorporated would be an appropriate entity to oversee the 
        development of the Automobile National Heritage Area; and
            (9) 2 local studies, ``A Shared Vision for Metropolitan 
        Detroit'' and ``The Machine That Changed the World'', and a 
        National Park Service study, ``Labor History Theme Study: Phase 
        III; Suitability-Feasibility'', demonstrated that sufficient 
        historical resources exist to establish the Automobile National 
        Heritage Area.
    (b) Purpose.--The purpose of this Act is to establish the 
Automobile National Heritage Area to--
            (1) foster a close working relationship with all levels of 
        government, the private sector, and the local communities in 
        Michigan and empower communities in Michigan to conserve their 
        automotive heritage while strengthening future economic 
        opportunities; and
            (2) conserve, interpret, and develop the historical, 
        cultural, natural, and recreational resources related to the 
        industrial and cultural heritage of the Automobile National 
        Heritage Area.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the Partnership.
            (2) Heritage area.--The term ``Heritage Area'' means the 
        Automobile National Heritage Area established by section 4.
            (3) Partnership.--The term ``Partnership'' means the 
        Automobile National Heritage Area Partnership, Incorporated (a 
        nonprofit corporation established under the laws of the State 
        of Michigan).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. AUTOMOBILE NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State of Michigan 
the Automobile National Heritage Area.
    (b) Boundaries.--
            (1) In general.--Subject to paragraph (2), the boundaries 
        of the Heritage Area shall include lands in Michigan that are 
        related to the following corridors:
                    (A) The Rouge River Corridor.
                    (B) The Detroit River Corridor.
                    (C) The Woodward Avenue Corridor.
                    (D) The Lansing Corridor.
                    (E) The Flint Corridor.
                    (F) The Sauk Trail/Chicago Road Corridor.
            (2) Specific boundaries.--The specific boundaries of the 
        Heritage Area shall be those specified in the management plan 
        approved under section 6.
            (3) Map.--The Secretary shall prepare a map of the Heritage 
        Area which shall be on file and available for public inspection 
        in the office of the Director of the National Park Service.
            (4) Consent of local governments.--(A) The Partnership 
        shall provide to the government of each city, village, and 
        township that has jurisdiction over property proposed to be 
        included in the Heritage Area written notice of that proposal.
            (B) Property may not be included in the Heritage Area if--
                    (i) the Partnership fails to give notice of the 
                inclusion in accordance with subparagraph (A);
                    (ii) any local government to which the notice is 
                required to be provided objects to the inclusion, in 
                writing to the Partnership, by not later than the end 
                of the period provided pursuant to clause (iii); or
                    (iii) fails to provide a period of at least 60 days 
                for objection under clause (ii).
    (c) Administration.--The Heritage Area shall be administered in 
accordance with this Act.
    (d) Additions and Deletions of Lands.--The Secretary may add or 
remove lands to or from the Heritage Area in response to a request from 
the Partnership.

SEC. 5. DESIGNATION OF PARTNERSHIP AS MANAGEMENT ENTITY.

    (a) In General.--The Partnership shall be the management entity for 
the Heritage Area.
    (b) Federal Funding.--
            (1) Authorization to receive funds.--The Partnership may 
        receive amounts appropriated to carry out this Act.
            (2) Disqualification.--If a management plan for the Area is 
        not submitted to the Secretary as required under section 6 
        within the time specified in that section, the Partnership 
        shall cease to be authorized to receive Federal funding under 
        this Act until such a plan is submitted to the Secretary.
    (c) Authorities of Partnership.--The Partnership may, for purposes 
of preparing and implementing the management plan for the Area, use 
Federal funds made available under this Act--
            (1) to make grants and loans to the State of Michigan, its 
        political subdivisions, nonprofit organizations, and other 
        persons;
            (2) to enter into cooperative agreements with or provide 
        technical assistance to Federal agencies, the State of 
        Michigan, its political subdivisions, nonprofit organizations, 
        and other persons;
            (3) to hire and compensate staff;
            (4) to obtain money from any source under any program or 
        law requiring the recipient of such money to make a 
        contribution in order to receive such money; and
            (5) to contract for goods and services.
    (d) Prohibition of Acquisition of Real Property.--The Partnership 
may not use Federal funds received under this Act to acquire real 
property or any interest in real property.

SEC. 6. MANAGEMENT DUTIES OF THE AUTOMOBILE NATIONAL HERITAGE AREA 
              PARTNERSHIP.

    (a) Heritage Area Management Plan.--
            (1) Submission for review by secretary.--The Board of 
        Directors of the Partnership shall, within 3 years after the 
        date of enactment of this Act, develop and submit for review to 
        the Secretary a management plan for the Area.
            (2) Plan requirements, generally.--A management plan 
        submitted under this section shall--
                    (A) present comprehensive recommendations for the 
                conservation, funding, management, and development of 
                the Heritage Area;
                    (B) be prepared with public participation;
                    (C) take into consideration existing Federal, 
                State, county, and local plans and involve residents, 
                public agencies, and private organizations in the 
                Heritage Area;
                    (D) include a description of actions that units of 
                government and private organizations are recommended to 
                take to protect the resources of the Heritage Area; and
                    (E) specify existing and potential sources of 
                Federal and non-Federal funding for the conservation, 
                management, and development of the Heritage Area.
            (3) Additional plan requirements.--The management plan also 
        shall include the following, as appropriate:
                    (A) An inventory of resources contained in the 
                Heritage Area, including a list of property in the 
                Heritage Area that should be conserved, restored, 
                managed, developed, or maintained because of the 
                natural, cultural, or historic significance of the 
                property as it relates to the themes of the Heritage 
                Area. The inventory may not include any property that 
                is privately owned unless the owner of the property 
                consents in writing to that inclusion.
                    (B) A recommendation of policies for resource 
                management that consider and detail the application of 
                appropriate land and water management techniques, 
                including (but not limited to) the development of 
                intergovernmental cooperative agreements to manage the 
                historical, cultural, and natural resources and 
                recreational opportunities of the Heritage Area in a 
                manner consistent with the support of appropriate and 
                compatible economic viability.
                    (C) A program for implementation of the management 
                plan, including plans for restoration and construction 
                and a description of any commitments that have been 
                made by persons interested in management of the 
                Heritage Area.
                    (D) An analysis of means by which Federal, State, 
                and local programs may best be coordinated to promote 
                the purposes of this Act.
                    (E) An interpretive plan for the Heritage Area.
            (4) Approval and disapproval of the management plan.--
                    (A) In general.--Not later than 60 days after 
                submission of the Heritage Area management plan by the 
                Board, the Secretary shall approve or disapprove the 
                plan. If the Secretary has taken no action after 60 
                days, the plan shall be considered approved.
                    (B) Disapproval and revisions.--If the Secretary 
                disapproves the management plan, the Secretary shall 
                advise the Board, in writing, of the reasons for the 
                disapproval and shall make recommendations for revision 
                of the plan. The Secretary shall approve or disapprove 
                proposed revisions to the plan not later than 60 days 
after receipt of such revisions from the Board. If the Secretary has 
taken no action for 60 days after receipt, the plan and revisions shall 
be considered approved.
    (b) Priorities.--The Partnership shall give priority to the 
implementation of actions, goals, and policies set forth in the 
management plan for the Heritage Area, including--
            (1) assisting units of government, regional planning 
        organizations, and nonprofit organizations--
                    (A) in conserving the Heritage Area;
                    (B) in establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (C) in developing recreational opportunities in the 
                Heritage Area;
                    (D) in increasing public awareness of and 
                appreciation for the natural, historical, and cultural 
                resources of the Heritage Area;
                    (E) in the restoration of historic buildings that 
                are located within the boundaries of the Heritage Area 
                and related to the theme of the Heritage Area; and
                    (F) in ensuring that clear, consistent, and 
                environmentally appropriate signs identifying access 
                points and sites of interest are put in place 
                throughout the Heritage Area; and
            (2) consistent with the goals of the management plan, 
        encouraging economic viability in the affected communities by 
        appropriate means.
    (c) Consideration of Interests of Local Groups.--The Partnership 
shall, in preparing and implementing the management plan for the 
Heritage Area, consider the interest of diverse units of government, 
businesses, private property owners, and nonprofit groups within the 
Heritage Area.
    (d) Public Meetings.--The Partnership shall conduct public meetings 
at least annually regarding the implementation of the Heritage Area 
management plan.
    (e) Annual Reports.--The Partnership shall, for any fiscal year in 
which it receives Federal funds under this Act or in which a loan made 
by the Partnership with Federal funds under section 5(c)(1) is 
outstanding, submit an annual report to the Secretary setting forth its 
accomplishments, its expenses and income, and the entities to which it 
made any loans and grants during the year for which the report is made.
    (f) Cooperation With Audits.--The Partnership shall, for any fiscal 
year in which it receives Federal funds under this Act or in which a 
loan made by the Partnership with Federal funds under section 5(c)(1) 
is outstanding, make available for audit by the Congress, the 
Secretary, and appropriate units of government all records and other 
information pertaining to the expenditure of such funds and any 
matching funds, and require, for all agreements authorizing expenditure 
of Federal funds by other organizations, that the receiving 
organizations make available for such audit all records and other 
information pertaining to the expenditure of such funds.
    (g) Delegation.--The Partnership may delegate the responsibilities 
and actions under this section for each corridor identified in section 
4(b)(1). All delegated actions are subject to review and approval by 
the Partnership.

SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Technical Assistance and Grants.--
            (1) In general.--The Secretary may provide technical 
        assistance and, subject to the availability of appropriations, 
        grants to units of government, nonprofit organizations, and 
        other persons upon request of the Partnership, and to the 
        Partnership, regarding the management plan and its 
        implementation.
            (2) Prohibition of certain requirements.--The Secretary may 
        not, as a condition of the award of technical assistance or 
        grants under this section, require any recipient of such 
        technical assistance or a grant to enact or modify land use 
        restrictions.
            (3) Determinations regarding assistance.--The Secretary 
        shall decide if a person shall be awarded technical assistance 
        or grants and the amount of that assistance. Such decisions 
        shall be based on the relative degree to which the Heritage 
        Area effectively fulfills the objectives contained in the 
        Heritage Area management plan and achieves the purposes of this 
        Act. Such decisions shall give consideration to projects which 
        provide a greater leverage of Federal funds.
    (b) Provision of Information.--In cooperation with other Federal 
agencies, the Secretary shall provide the general public with 
information regarding the location and character of the Heritage Area.
    (c) Other Assistance.--The Secretary may enter into cooperative 
agreements with public and private organizations for the purposes of 
implementing this subsection.
    (d) Duties of Other Federal Agencies.--Any Federal entity 
conducting any activity directly affecting the Heritage Area shall 
consider the potential effect of the activity on the Heritage Area 
management plan and shall consult with the Partnership with respect to 
the activity to minimize the adverse effects of the activity on the 
Heritage Area.

SEC. 8. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.

    (a) Lack of Effect on Authority of Local Government.--Nothing in 
this Act shall be construed to modify, enlarge, or diminish any 
authority of Federal, State, or local governments to regulate any use 
of land under any other law or regulation.
    (b) Lack of Zoning or Land Use Powers.--Nothing in this Act shall 
be construed to grant powers of zoning or land use control to the 
Partnership.
    (c) Local Authority and Private Property Not Affected.--Nothing in 
this Act shall be construed to affect or to authorize the Partnership 
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 Michigan or a political subdivision thereof.

SEC. 9. SUNSET.

    The Secretary may not make any grant or provide any assistance 
under this Act after September 30, 2014.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated under this 
Act not more than $1,000,000 for any fiscal year. Not more than a total 
of $10,000,000 may be appropriated for the Heritage Area under this 
Act.
    (b) 50 Percent Match.--Federal funding provided under this Act, 
after the designation of the Heritage Area, may not exceed 50 percent 
of the total cost of any activity carried out with any financial 
assistance or grant provided under this Act.
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