I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hoosier Automobile

5 & Truck National Heritage Trail Area Act of 2000’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds as follows:

8 (1) The industrial, cultural, and natural herit9 age legacies of Indiana’s automobile and truck in10 dustry are nationally significant.
2

•HR 5518 IH

1 (2) The design and manufacture of the auto2 mobile and truck within the State of Indiana helped

3 establish and expand the United States industrial

4 power.

5 (3) The industrial strength of automobile and

6 truck manufacturing was vital to defending freedom

7 and democracy in 2 world wars and played a defin8 ing role in American victories.

9 (4) The economic strength of our Nation is con10 nected integrally to the vitality of the automobile

11 and truck industry, which employs millions of work12 ers and upon which 1 out of 7 United States jobs

13 depends.

14 (5) The industrial and cultural heritage of the

15 automobile and truck industry in Indiana includes

16 the social history and living cultural traditions of

17 several generations.

18 (6) The United Auto Workers and other unions

19 played a significant role in the history and progress

20 of the labor movement and the automobile and truck

21 industry.

22 (7) The Department of the Interior is respon23 sible for protecting and interpreting the Nation’s

24 cultural and historic resources, and there are signifi25 cant examples of these resources within Indiana to
3

•HR 5518 IH

1 merit the involvement of the Federal Government to

2 develop programs and projects in cooperation with

3 the Hoosier Automobile & Truck National Heritage

4 Trail Area Partnership, Inc., (an Indiana not-for5 profit corporation), the State of Indiana, and other

6 local and governmental bodies, to adequately con7 serve, protect, and interpret this heritage for the

8 educational and recreational benefit of this and fu9 ture generations of Americans.

10 (8) The Hoosier Automobile & Truck National

11 Heritage Trail Area Partnership, Inc., would be an

12 appropriate entity to oversee the development of the

13 Hoosier Automobile & Truck National Heritage

14 Trail Area.

15 (9) Multiple museums of regional, national, and

16 international stature are located within the Hoosier

17 Automobile & Truck National Heritage Trail Area

18 as follows:

19 (A) Auburn Cord Duesenberg Museum at

20 Auburn, Indiana.

21 (B) National Automotive and Truck Mu22 seum of the United States at Auburn, Indiana.

23 (C) S. Ray Miller Museum at Elkhart, In24 diana.
4

•HR 5518 IH

1 (D) RV/MH Hall of Fame, Museum, and

2 Library at Elkhart, Indiana.

3 (E) Studebaker National Museum at South

4 Bend, Indiana.

5 (F) Door Prairie Museum at LaPorte, In6 diana.

7 (G) Indianapolis Motor Speedway Museum

8 at Indianapolis, Indiana.

9 (10) Auburn, Indiana, because it is located on

10 Interstate Highway 69, is the home of the Auburn

11 Cord Duesenberg Museum, the National Automotive

12 and Truck Museum of the United States, and the

13 Kruse Auction Park, designates itself as the ‘‘Col14 lector Car Capital of the World’’, and is adjacent to

15 the Michigan Automobile National Heritage Area, is

16 the appropriate focal point for the Hoosier Auto17 mobile & Truck National Heritage Trail Area.

18 (11) The natural, cultural, historic, and scenic

19 resources of the Hoosier Automobile & Truck Na20 tional Heritage Trail Area have combined to form a

21 cohesive, nationally distinctive landscape arising

22 from patterns of human activity, shaped by geog23 raphy which has resulted in the Hoosier National

24 Automobile & Truck National Trail Area being rep25 resentative of the national experience through the
5

•HR 5518 IH

1 physical features that remain, the traditions which

2 have evolved within them, and the continued use of

3 the Hoosier National Automobile & Truck National

4 Trail Area by people whose traditions and activities

5 have helped to shape such landscape.

6 (b) PURPOSE.—The purpose of this Act is to estab7 lish the Hoosier Automobile & Truck National Heritage

8 Trail Area to—

9 (1) foster a close working relationship with all

10 levels of government, the private sector, and the

11 local communities in Indiana and empower commu12 nities in Indiana to conserve their automotive and

13 truck heritage while strengthening future economic

14 opportunities; and

15 (2) conserve, interpret, and develop the histor16 ical, cultural, natural, and recreational resources re17 lated to the industrial and cultural heritage of the

18 Hoosier Automobile & Truck National Heritage

19 Trail Area.

20 SEC. 3. DEFINITIONS.

21 For purposes of this Act:

22 (1) BOARD.—The term ‘‘Board’’ means the

23 Board of Directors of the Partnership.
6

•HR 5518 IH

1 (2) HERITAGE AREA.—The term ‘‘Heritage

2 Area’’ means the Hoosier Automobile & Truck Na3 tional Heritage Trail Area established by section 4.

4 (3) PARTNERSHIP.—The term ‘‘Partnership’’

5 means the Hoosier Automobile & Truck National

6 Heritage Trail Area, Incorporated (a nonprofit cor7 poration established under the laws of the State of

8 Indiana).

9 (4) SECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of the Interior.

11 SEC. 4. AUTOMOBILE NATIONAL HERITAGE AREA.

12 (a) ESTABLISHMENT.—There is established in the

13 State of Indiana the Hoosier Automobile & Truck Na14 tional Heritage Trail Area.

15 (b) BOUNDARIES.—

16 (1) IN GENERAL.—Subject to paragraph (2),

17 the boundaries of the Heritage Area shall include

18 lands in the following counties in the State of Indi19 ana: Lake, Porter, LaPorte, Starke, Elkhart, Kos20 ciusko, LaGrange, Steuben, Noble, DeKalb, Whitley,

21 Allen, Huntington, Wells, Adams, Jay, Clinton, Tip22 ton, Madison, Delaware, Randolph, Hamilton,

23 Henry, Wayne, Marion, Hancock, Morgan, Johnson,

24 Shelby, Rush, Fayette, Union, Brown, Bartholomew,

25 Decatur, Franklin, Jackson, Jennings, Ripley, Dear-
7

•HR 5518 IH

1 born, Washington, Scott, Jefferson, Ohio, Switzer2 land, Clark, Floyd, Harrison, Crawford, Dubois,

3 Perry, Spencer, Sullivan, Greene, Monroe, Knox,

4 Daviess, Martin, Lawrence, Orange, Gibson, Pike,

5 Posey, Vanderburgh, and Warrick.

6 (2) SPECIFIC BOUNDARIES.—The specific

7 boundaries of the Heritage Area shall be those speci8 fied in the management plan approved under section

9 6.

10 (3) MAP.—The Secretary shall prepare a map

11 of the Heritage Area which shall be on file and

12 available for public inspection in the office of the Di13 rector of the National Park Service.

14 (4) CONSENT OF LOCAL GOVERNMENTS.—The

15 Partnership shall provide to the government of each

16 city, village, and township that has jurisdiction over

17 property proposed to be included in the Heritage

18 Area written notice of that proposal.

19 (5) CONDITIONS FOR INCLUSION OF PROPERTY

20 IN HERITAGE AREA.—Property may not be included

21 in the Heritage Area if—

22 (A) the Partnership fails to give notice of

23 the inclusion in accordance with paragraph (4);

24 (B) any local government to which the no25 tice is required to be provided objects to the in-
8

•HR 5518 IH

1 clusion, in writing to the Partnership, by not

2 later than the end of the period provided pursu3 ant to subparagraph (C); or

4 (C) fails to provide a period of at least 60

5 days for objection under subparagraph (B).

6 (6) ADMINISTRATION.—The Heritage Area

7 shall be administered in accordance with this Act.

8 (7) ADDITIONS AND DELETIONS OF LANDS.—

9 The Secretary may add or remove lands to or from

10 the Heritage Area in response to a request from the

11 Partnership.

12 SEC. 5. DESIGNATION OF PARTNERSHIP AS MANAGEMENT

13 ENTITY.

14 (a) IN GENERAL.—The Partnership shall be the

15 management entity for the Heritage Area.

16 (b) FEDERAL FUNDING.—

17 (1) AUTHORIZATION TO RECEIVE FUNDS.—The

18 Partnership may receive amounts appropriated to

19 carry out this Act.

20 (2) DISQUALIFICATION.—If a management plan

21 for the Area is not submitted to the Secretary as re22 quired under section 6 within the time specified in

23 that section, the Partnership shall cease to be au24 thorized to receive Federal funding under this Act

25 until such a plan is submitted to the Secretary.
9

•HR 5518 IH

1 (c) AUTHORITIES OF PARTNERSHIP.—The Partner2 ship may, for purposes of preparing and implementing the

3 management plan for the Heritage Area, use Federal

4 funds made available under this Act—

5 (1) to make grants and loans to the State of

6 Indiana, its political subdivisions, nonprofit organi7 zations, and other persons;

8 (2) to enter into cooperative agreements with or

9 provide technical assistance to Federal agencies, the

10 State of Indiana, its political subdivisions, nonprofit

11 organizations, and other persons;

12 (3) to hire and compensate staff;

13 (4) to obtain money from any source under any

14 program or law requiring the recipient of such

15 money to make a contribution in order to receive

16 such money; and

17 (5) to contract for goods and services.

18 (d) PROHIBITION OF ACQUISITION OF REAL PROP19 ERTY.—The Partnership may not use Federal funds re20 ceived under this Act to acquire real property or any inter21 est in real property.

22 SEC. 6. MANAGEMENT DUTIES OF THE HOOSIER AUTO23 MOBILE & TRUCK NATIONAL HERITAGE

24 TRAIL AREA PARTNERSHIP.

25 (a) HERITAGE AREA MANAGEMENT PLAN.—
10

•HR 5518 IH

1 (1) SUBMISSION FOR REVIEW BY SECRETARY.—

2 The Board of Directors of the Partnership shall,

3 within 3 years after the date of enactment of this

4 Act, develop and submit for review to the Secretary

5 a management plan for the Heritage Area.

6 (2) PLAN REQUIREMENTS, GENERALLY.—A

7 management plan submitted under this section

8 shall—

9 (A) present comprehensive recommenda10 tions for the conservation, funding, manage11 ment, and development of the Heritage Area;

12 (B) be prepared with public participation;

13 (C) take into consideration existing Fed14 eral, State, county, and local plans and involve

15 residents, public agencies, and private organiza16 tions in the Heritage Area;

17 (D) include a description of actions that

18 units of government and private organizations

19 are recommended to take to protect the re20 sources of the Heritage Area; and

21 (E) specify existing and potential sources

22 of Federal and non-Federal funding for the

23 conservation, management, and development of

24 the Heritage Area.
11

•HR 5518 IH

1 (3) ADDITIONAL PLAN REQUIREMENTS.—The

2 management plan shall also include the following, as

3 appropriate:

4 (A) An inventory of resources contained in

5 the Heritage Area, including a list of property

6 in the Heritage Area that should be conserved,

7 restored, managed, developed, or maintained be8 cause of the natural, cultural, or historic sig9 nificance of the property as it relates to the

10 themes of the Heritage Area. The inventory

11 may not include any property that is privately

12 owned unless the owner of the property con13 sents in writing to that inclusion.

14 (B) A recommendation of policies for re15 source management that consider and detail the

16 application of appropriate land and water man17 agement techniques, including (but not limited

18 to) the development of intergovernmental coop19 erative agreements to manage the historical,

20 cultural, and natural resources and recreational

21 opportunities of the Heritage Area in a manner

22 consistent with the support of appropriate and

23 compatible economic viability.

24 (C) A program for implementation of the

25 management plan, including plans for restora-
12

•HR 5518 IH

1 tion and construction and a description of any

2 commitments that have been made by persons

3 interested in management of the Heritage Area.

4 (D) An analysis of means by which Fed5 eral, State, and local programs may best be co6 ordinated to promote the purposes of this Act.

7 (E) An interpretive plan for the Heritage

8 Area.

9 (4) APPROVAL AND DISAPPROVAL OF THE MAN10 AGEMENT PLAN.—

11 (A) IN GENERAL.—Not later than 60 days

12 after submission of the Heritage Area manage13 ment plan by the Board, the Secretary shall ap14 prove or disapprove the plan. If the Secretary

15 has taken no action after 60 days, the plan

16 shall be considered approved.

17 (B) DISAPPROVAL AND REVISIONS.—If the

18 Secretary disapproves the management plan,

19 the Secretary shall advise the Board, in writing,

20 of the reasons for the disapproval and shall

21 make recommendations for revision of the plan.

22 The Secretary shall approve or disapprove pro23 posed revisions to the plan not later than 60

24 days after receipt of such revisions from the

25 Board. If the Secretary has taken no action for
13

•HR 5518 IH

1 60 days after receipt, the plan and revisions

2 shall be considered approved.

3 (b) PRIORITIES.—The Partnership shall give priority

4 to the implementation of actions, goals, and policies set

5 forth in the management plan for the Heritage Area,

6 including—

7 (1) assisting units of government, regional plan8 ning organizations, and nonprofit organizations—

9 (A) in conserving the Heritage Area;

10 (B) in establishing and maintaining inter11 pretive exhibits in the Heritage Area;

12 (C) in developing recreational opportunities

13 in the Heritage Area;

14 (D) in increasing public awareness of and

15 appreciation for the natural, historical, and cul16 tural resources of the Heritage Area;

17 (E) in the restoration of historic buildings

18 that are located within the boundaries of the

19 Heritage Area and related to the theme of the

20 Heritage Area; and

21 (F) in ensuring that clear, consistent, and

22 environmentally appropriate signs identifying

23 access points and sites of interest are put in

24 place throughout the Heritage Area; and
14

•HR 5518 IH

1 (2) consistent with the goals of the manage2 ment plan, encouraging economic viability in the af3 fected communities by appropriate means.

4 (c) CONSIDERATION OF INTERESTS OF LOCAL

5 GROUPS.—The Partnership shall, in preparing and imple6 menting the management plan for the Heritage Area, con7 sider the interest of diverse units of government, busi8 nesses, private property owners, and nonprofit groups

9 within the Heritage Area.

10 (d) PUBLIC MEETINGS.—The Partnership shall con11 duct public meetings at least annually regarding the im12 plementation of the Heritage Area management plan.

13 (e) ANNUAL REPORTS.—The Partnership shall, for

14 any fiscal year in which it receives Federal funds under

15 this Act or in which a loan made by the Partnership with

16 Federal funds under section 5(c)(l) is outstanding, submit

17 an annual report to the Secretary setting forth its accom18 plishments, its expenses and income, and the entities to

19 which it made any loans and grants during the year for

20 which the report is made.

21 (f) COOPERATION WITH AUDITS.—The Partnership

22 shall, for any fiscal year in which it receives Federal funds

23 under this Act or in which a loan made by the Partnership

24 with Federal funds under section 5(c)(1) is outstanding,

25 make available for audit by the Congress, the Secretary,
15

•HR 5518 IH

1 and appropriate units of government all records and other

2 information pertaining to the expenditure of such funds

3 and any matching funds, and require, for all agreements

4 authorizing expenditure of Federal funds by other organi5 zations, that the receiving organizations make available

6 for such audit all records and other information pertaining

7 to the expenditure of such funds.

8 (g) DELEGATION.—The Partnership may delegate

9 the responsibilities and actions under this section for each

10 corridor identified in section 4(b)(1). All delegated actions

11 are subject to review and approval by the Partnership.

12 SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

13 (a) TECHNICAL ASSISTANCE AND GRANTS.—

14 (1) IN GENERAL.—The Secretary may provide

15 technical assistance and, subject to the availability

16 of appropriations, grants to units of government,

17 nonprofit organizations, and other persons upon re18 quest of the Partnership, and to the Partnership, re19 garding the management plan and its implementa20 tion.

21 (2) PROHIBITION OF CERTAIN REQUIRE22 MENTS.—The Secretary may not, as a condition of

23 the award of technical assistance or grants under

24 this section, require any recipient of such technical
16

•HR 5518 IH

1 assistance or a grant to enact or modify land use re2 strictions.

3 (3) DETERMINATIONS REGARDING ASSIST4 ANCE.—The Secretary shall decide if a person shall

5 be awarded technical assistance or grants and the

6 amount of that assistance. Such decisions shall be

7 based on the relative degree to which the Heritage

8 Area effectively fulfills the objectives contained in

9 the Heritage Area management plan and achieves

10 the purposes of this Act. Such decisions shall give

11 consideration to projects which provide a greater le12 verage of Federal funds.

13 (b) PROVISION OF INFORMATION.—In cooperation

14 with other Federal agencies, the Secretary shall provide

15 the general public with information regarding the location

16 and character of the Heritage Area.

17 (c) OTHER ASSISTANCE.—The Secretary may enter

18 into cooperative agreements with public and private orga19 nizations for the purposes of implementing this subsection.

20 (d) DUTIES OF OTHER FEDERAL AGENCIES.—Any

21 Federal entity conducting any activity directly affecting

22 the Heritage Area shall consider the potential effect of the

23 activity on the Heritage Area management plan and shall

24 consult with the Partnership with respect to the activity
17

•HR 5518 IH

1 to minimize the adverse effects of the activity on the Her2 itage Area.

3 SEC. 8. LACK OF EFFECT ON LAND USE REGULATION AND

4 PRIVATE PROPERTY.

5 (a) LACK OF EFFECT ON AUTHORITY OF LOCAL

6 GOVERNMENT.—Nothing in this Act shall be construed to

7 modify, enlarge, or diminish any authority of Federal,

8 State, or local governments to regulate any use of land

9 under any other law or regulation.

10 (b) LACK OF ZONING OR LAND USE POWERS.—

11 Nothing in this Act shall be construed to grant powers

12 of zoning or land use control to the Partnership.

13 (c) LOCAL AUTHORITY AND PRIVATE PROPERTY

14 NOT AFFECTED.—Nothing in this Act shall be construed

15 to affect or to authorize the Partnership to interfere

16 with—

17 (1) the rights of any person with respect to pri18 vate property; or

19 (2) any local zoning ordinance or land use plan

20 of the State of Indiana or a political subdivision

21 thereof.

22 SEC. 9. SUNSET.

23 The Secretary may not make any grant or provide

24 any assistance under this Act after September 30, 2015.
18

•HR 5518 IH

1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There is authorized to be appro3 priated under this Act not more than $1,000,000 for any

4 fiscal year. Not more than a total of $10,000,000 may

5 be appropriated for the Heritage Area under this Act.

6 (b) 50 PERCENT MATCH.—Federal funding provided

7 under this Act, after the designation of the Heritage Area,

8 may not exceed 50 percent of the total cost of any activity

9 carried out with Federal funds.

Æ