[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5518 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5518

  To authorize the Hoosier Automobile & Truck National Heritage Trail 
                                 Area.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 2000

Mr. Souder (for himself, Mr. Burton of Indiana, Mr. Roemer, Ms. Carson, 
 Mr. McIntosh, Mr. Hill of Indiana, and Mr. Hostettler) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To authorize the Hoosier Automobile & Truck National Heritage Trail 
                                 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 ``Hoosier Automobile & Truck National 
Heritage Trail Area Act of 2000''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds as follows:
            (1) The industrial, cultural, and natural heritage legacies 
        of Indiana's automobile and truck industry are nationally 
        significant.
            (2) The design and manufacture of the automobile and truck 
        within the State of Indiana helped establish and expand the 
        United States industrial power.
            (3) The industrial strength of automobile and truck 
        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 and truck 
        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 
        and truck industry in Indiana 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 and truck 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 Indiana to merit the involvement of the 
        Federal Government to develop programs and projects in 
        cooperation with the Hoosier Automobile & Truck National 
        Heritage Trail Area Partnership, Inc., (an Indiana not-for-
        profit corporation), the State of Indiana, 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 Hoosier Automobile & Truck National Heritage Trail 
        Area Partnership, Inc., would be an appropriate entity to 
        oversee the development of the Hoosier Automobile & Truck 
        National Heritage Trail Area.
            (9) Multiple museums of regional, national, and 
        international stature are located within the Hoosier Automobile 
        & Truck National Heritage Trail Area as follows:
                    (A) Auburn Cord Duesenberg Museum at Auburn, 
                Indiana.
                    (B) National Automotive and Truck Museum of the 
                United States at Auburn, Indiana.
                    (C) S. Ray Miller Museum at Elkhart, Indiana.
                    (D) RV/MH Hall of Fame, Museum, and Library at 
                Elkhart, Indiana.
                    (E) Studebaker National Museum at South Bend, 
                Indiana.
                    (F) Door Prairie Museum at LaPorte, Indiana.
                    (G) Indianapolis Motor Speedway Museum at 
                Indianapolis, Indiana.
            (10) Auburn, Indiana, because it is located on Interstate 
        Highway 69, is the home of the Auburn Cord Duesenberg Museum, 
        the National Automotive and Truck Museum of the United States, 
        and the Kruse Auction Park, designates itself as the 
        ``Collector Car Capital of the World'', and is adjacent to the 
        Michigan Automobile National Heritage Area, is the appropriate 
        focal point for the Hoosier Automobile & Truck National 
        Heritage Trail Area.
            (11) The natural, cultural, historic, and scenic resources 
        of the Hoosier Automobile & Truck National Heritage Trail Area 
        have combined to form a cohesive, nationally distinctive 
        landscape arising from patterns of human activity, shaped by 
        geography which has resulted in the Hoosier National Automobile 
        & Truck National Trail Area being representative of the 
        national experience through the physical features that remain, 
        the traditions which have evolved within them, and the 
        continued use of the Hoosier National Automobile & Truck 
        National Trail Area by people whose traditions and activities 
        have helped to shape such landscape.
    (b) Purpose.--The purpose of this Act is to establish the Hoosier 
Automobile & Truck National Heritage Trail Area to--
            (1) foster a close working relationship with all levels of 
        government, the private sector, and the local communities in 
        Indiana and empower communities in Indiana to conserve their 
        automotive and truck 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 Hoosier Automobile & 
Truck National Heritage Trail 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 
        Hoosier Automobile & Truck National Heritage Trail Area 
        established by section 4.
            (3) Partnership.--The term ``Partnership'' means the 
        Hoosier Automobile & Truck National Heritage Trail Area, 
        Incorporated (a nonprofit corporation established under the 
        laws of the State of Indiana).
            (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 Indiana 
the Hoosier Automobile & Truck National Heritage Trail Area.
    (b) Boundaries.--
            (1) In general.--Subject to paragraph (2), the boundaries 
        of the Heritage Area shall include lands in the following 
        counties in the State of Indiana: Lake, Porter, LaPorte, 
        Starke, Elkhart, Kosciusko, LaGrange, Steuben, Noble, DeKalb, 
        Whitley, Allen, Huntington, Wells, Adams, Jay, Clinton, Tipton, 
        Madison, Delaware, Randolph, Hamilton, Henry, Wayne, Marion, 
        Hancock, Morgan, Johnson, Shelby, Rush, Fayette, Union, Brown, 
        Bartholomew, Decatur, Franklin, Jackson, Jennings, Ripley, 
        Dearborn, Washington, Scott, Jefferson, Ohio, Switzerland, 
        Clark, Floyd, Harrison, Crawford, Dubois, Perry, Spencer, 
        Sullivan, Greene, Monroe, Knox, Daviess, Martin, Lawrence, 
        Orange, Gibson, Pike, Posey, Vanderburgh, and Warrick.
            (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.--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.
            (5) Conditions for inclusion of property in heritage 
        area.--Property may not be included in the Heritage Area if--
                    (A) the Partnership fails to give notice of the 
                inclusion in accordance with paragraph (4);
                    (B) 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 subparagraph (C); or
                    (C) fails to provide a period of at least 60 days 
                for objection under subparagraph (B).
            (6) Administration.--The Heritage Area shall be 
        administered in accordance with this Act.
            (7) 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 Heritage 
Area, use Federal funds made available under this Act--
            (1) to make grants and loans to the State of Indiana, 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 Indiana, 
        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 HOOSIER AUTOMOBILE & TRUCK NATIONAL 
              HERITAGE TRAIL 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 Heritage 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 
        shall also 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)(l) 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 Indiana 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, 2015.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is 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 Federal funds.
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