[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3248 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3248

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 26 (legislative day, September 22), 2000

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

_______________________________________________________________________

                                 A BILL


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

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the industrial, cultural, and natural heritage legacies 
        of automobile and truck industry in the State of Indiana are 
        nationally significant;
            (2) the design and manufacture of the automobile and truck 
        within the State helped establish and expand the industrial 
        power of the United States;
            (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 the United States is connected 
        integrally to the vitality of the automobile and truck 
        industry, which employs millions of workers, and on which 1 out 
        of 7 United States jobs depends;
            (5) the industrial and cultural heritage of the automobile 
        and truck industry in the State 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 Secretary of the Interior is responsible for 
        protecting and interpreting the cultural and historic resources 
        of the United States, and there are significant examples of 
        those resources within the State to warrant the involvement of 
        the Secretary in developing programs and projects in 
        cooperation with the Hoosier Automobile & Truck National 
        Heritage Trail Area Partnership, Inc., the State, and other 
        local and governmental bodies, to conserve, protect, and 
        interpret those resources for the educational and recreational 
        benefit of the public;
            (8) the Partnership would be an appropriate entity to 
        oversee the development of the Hoosier Automobile and Truck 
        National Heritage Trail Area;
            (9) many museums of regional, national, and international 
        stature are located within the Heritage Area, including--
                    (A) the Auburn Cord Duesenberg Museum at Auburn, 
                Indiana;
                    (B) the National Automotive and Truck Museum of the 
                United States at Auburn, Indiana;
                    (C) the S. Ray Miller Museum at Elkhart, Indiana;
                    (D) the RV/MH Hall of Fame, Museum, and Library at 
                Elkhart, Indiana;
                    (E) the Studebaker National Museum at South Bend, 
                Indiana;
                    (F) the Door Prairie Museum at LaPorte, Indiana; 
                and
                    (G) the Indianapolis Motor Speedway Museum at 
                Indianapolis, Indiana;
            (10) Auburn, Indiana, called the ``Collector Car Capital of 
        the World''--
                    (A) is the home of the Auburn Cord Duesenberg 
                Museum, the National Automotive and Truck Museum of the 
                United States, and the Kruse Auction Park;
                    (B) is adjacent to the Michigan Automobile National 
                Heritage Area; and
                    (C) is the focal point of the Heritage Area; and
            (11) the cultural, historic, scenic, and natural resources 
        of the Heritage Area form a cohesive, nationally distinctive 
        landscape arising from patterns of human activity shaped by 
        geography, with the result that the Heritage Area is 
        representative of the national experience by virtue of--
                    (A) the physical features that remain;
                    (B) the traditions that have evolved within those 
                features; and
                    (C) the continued use of the Heritage Area by 
                people whose traditions and activities helped to shape 
                that landscape.
    (b) Purpose.--The purpose of this Act is to establish the Heritage 
Area to--
            (1) foster a close working relationship with all levels of 
        government, the private sector, and local communities in the 
        State 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, recreational, and natural resources related to the 
        industrial and cultural heritage of the Heritage Area.

 SEC. 3. DEFINITIONS.

    In 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 and Truck National Heritage Trail Area 
        established by section 4.
            (3) Management plan.--The term ``Management Plan'' means 
        the management plan for the Heritage Area approved under 
        section 6.
            (4) Partnership.--The term ``Partnership'' means Hoosier 
        Automobile & Truck National Heritage Trail Area, Inc., a 
        nonprofit corporation established under the laws of the State.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Indiana.

SEC. 4. HOOSIER AUTOMOBILE AND TRUCK NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State of Indiana 
the Hoosier Automobile and Truck National Heritage Trail Area.
    (b) Areas Included.--
            (1) In general.--There shall be included in the Heritage 
        Area areas containing cultural and historical resources that 
        are--
                    (A) relevant to the purposes of this Act; and
                    (B) located in the following counties in the State 
                of Indiana: Adams, Allen, Bartholomew, Brown, Clark, 
                Clinton, Crawford, Daviess, Dearborn, Decatur, DeKalb, 
                Delaware, Dubois, Elkhart, Fayette, Floyd, Franklin, 
                Gibson, Greene, Hamilton, Hancock, Harrison, Henry, 
                Huntington, Jackson, Jay, Jefferson, Jennings, Johnson, 
                Lake, Knox, Kosciusko, LaGrange, LaPorte, Lawrence, 
                Madison, Marion, Martin, Monroe, Morgan, Noble, Ohio, 
                Orange, Perry, Pike, Porter, Posey, Randolph, Ripley, 
                Rush, Scott, Shelby, Spencer, Starke, Steuben, 
                Sullivan, Switzerland, Tipton, Union, Vanderburgh, 
                Warrick, Washington, Wayne, Wells, and Whitley.
            (2) Precise boundaries.--The precise boundaries of the 
        Heritage Area shall be specified in the management plan.
            (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) Inclusion of property in the heritage area.--
                    (A) 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--
                            (i) written notice of the proposed 
                        inclusion; and
                            (ii) a period of 60 days in which to object 
                        to the inclusion.
                    (B) Conditions for inclusion of property in 
                heritage area.--Property may not be included in the 
                Heritage Area if--
                            (i) the Partnership fails to provide notice 
                        of the proposed inclusion and a period in which 
                        to object in accordance with paragraph (4); or
                            (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 60-day period.
            (5) Additions and removals of resource areas.--At the 
        request of the Partnership, the Secretary may add or remove 
        areas containing cultural and historic resources described in 
        paragraph (1) to or from the Heritage Area.

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 a management plan is submitted to the Secretary.
    (c) Use of Federal Funds.--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, 
        political subdivisions of the State, nonprofit organizations, 
        and other persons;
            (2) to enter into cooperative agreements with or provide 
        technical assistance to Federal agencies, the State, political 
        subdivisions of the State, nonprofit organizations, and other 
        persons;
            (3) to hire and compensate staff;
            (4) to obtain funds from any source under any program or 
        law requiring the recipient of funds to make a contribution in 
        order to receive the funds; 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 OF THE HERITAGE AREA.

    (a) Heritage Area Management Plan.--
            (1) Development and submission for review.--Not later than 
        3 years after the date of enactment of this Act, the Board, 
        with public participation, shall develop and submit for review 
        to the Secretary a management plan for the Heritage Area.
            (2) Contents.--The management plan shall--
                    (A) present comprehensive recommendations for the 
                conservation, funding, management, and development of 
                the Heritage Area;
                    (B) take into consideration Federal, State, county, 
                and local plans in effect on the date of enactment of 
                this Act and involve residents, public agencies, and 
                private organizations in the Heritage Area;
                    (C) include a description of actions that units of 
                government and private organizations are recommended to 
                take to protect the resources of the Heritage Area;
                    (D) specify existing and potential sources of 
                Federal and non-Federal funding for the conservation, 
                management, and development of the Heritage Area; and
                    (E) include--
                            (i) an inventory of resources in the 
                        Heritage Area that--
                                    (I) includes a list of property in 
                                the Heritage Area that should be 
                                conserved, restored, managed, 
                                developed, or maintained because of the 
                                cultural, historic, or natural 
                                significance of the property as it 
                                relates to the themes of the Heritage 
                                Area; and
                                    (II) does not include any property 
                                that is privately owned unless the 
                                owner of the property consents in 
                                writing to the inclusion;
                            (ii) a recommendation of policies for 
                        resource management, including policies for the 
                        development of intergovernmental cooperative 
                        agreements to manage the historical, cultural, 
                        and natural resources and recreational 
                        opportunities of the Heritage Area in a manner 
                        that is consistent with the support of 
                        appropriate and compatible economic viability;
                            (iii) 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;
                            (iv) an analysis of means by which Federal, 
                        State, and local programs may best be 
                        coordinated to promote the purposes of this 
                        Act; and
                            (v) an interpretive plan for the Heritage 
                        Area.
            (3) Approval or 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 
                management plan.
                    (B) Failure to act.--If the Secretary fails to 
                approve or disapprove the management plan within 60 
                days, the management plan shall be considered to have 
                been approved.
                    (C) Disapproval and revisions.--
                            (i) In general.--If the Secretary 
                        disapproves the management plan, the Secretary 
                        shall--
                                    (I) advise the Board, in writing, 
                                of the reasons for the disapproval; and
                                    (II) make recommendations for 
                                revision of the management plan.
                            (ii) Approval or disapproval.--The 
                        Secretary shall approve or disapprove proposed 
                        revisions to the management plan not later than 
                        60 days after receipt of such revisions from 
                        the Board.
                            (iii) Failure to act.--If the Secretary has 
                        taken no action for 60 days after receipt, the 
                        management plan and revisions shall be 
                        considered to have been 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 historical, cultural, and natural 
                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.--In preparing and 
implementing the management plan for the Heritage Area, the Partnership 
shall consider the interests 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.--For any fiscal year in which the Partnership 
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, 
the Partnership shall submit to the Secretary an annual report that 
describes--
            (1) the accomplishments of the Partnership;
            (2) the expenses and income of the Partnership; and
            (3) the entities to which the Partnership made any loans 
        and grants during the year for which the report is made.
    (f) Cooperation With Audits.--For any fiscal year in which the 
Partnership 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, the Partnership shall--
            (1) make available for audit by Congress, the Secretary, 
        and appropriate units of government all records and other 
        information pertaining to the expenditure of the Federal funds 
        and any matching funds; and
            (2) require, for all agreements authorizing expenditure of 
        Federal funds by other organizations, that the receiving 
        organizations make available for audit all records and other 
        information pertaining to the expenditure of the Federal funds.
    (g) Delegation.--The Partnership may delegate the responsibilities 
and actions under this section for each county named in section 
4(b)(1).

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
                    (A) the Partnership, for use in developing and 
                implementing the management plan; and
                    (B) units of government, nonprofit organizations, 
                and other persons, at the request of the Partnership.
            (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 the 
        technical assistance or a grant to enact or modify land use 
        restrictions.
            (3) Determinations regarding assistance.--The Secretary 
        shall determine which persons should be provided technical 
        assistance and grants under this subsection and the amount of 
        that assistance--
                    (A) based on the degree to which the use to which 
                persons requesting assistance effectively fulfills the 
                objectives of the management plan and achieves the 
                purposes of this Act; and
                    (B) after giving special consideration to projects 
                that provide a greater leverage of Federal funds.
    (b) Provision of Information.--In cooperation with other Federal 
agencies, the Secretary shall provide the public with information 
concerning the location and character of the Heritage Area.
    (c) Cooperative Agreements.--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--
            (1) consider the potential effect of the activity on the 
        Heritage Area management plan; and
            (2) consult with the Partnership with respect to the 
        activity to minimize the adverse effects of the activity on the 
        Heritage Area.

SEC. 8. NO EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.

    (a) No Effect on Land Use Authority.--Nothing in this Act modifies, 
enlarges, or diminishes any authority of Federal, State, or local 
government to regulate any use of land under any other law.
    (b) No Zoning or Land Use Powers.--Nothing in this Act grants 
powers of zoning or land use control to the Partnership.
    (c) Local Authority and Private Property Not Affected.--Nothing in 
this Act affects or authorizes 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 or a political subdivision of the State.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act not more than $1,000,000 for any fiscal year, and not more 
than a total of $10,000,000.
    (b) Federal Share.--The Federal share of the cost of any activity 
carried out using funds made available under this Act shall not exceed 
50 percent.

SEC. 10. TERMINATION OF AUTHORITY.

    The Secretary may not provide any assistance or make any grant 
under this Act after September 30, 2015.
                                 <all>