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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.

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 and Truck National Heritage Trail Area Act of 2000’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) the industrial, cultural, and natural heritage

9 legacies of automobile and truck industry in the

10 State of Indiana are nationally significant;
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1 (2) the design and manufacture of the auto2 mobile and truck within the State helped establish

3 and expand the industrial power of the United

4 States;

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 the United States

10 is connected integrally to the vitality of the auto11 mobile and truck industry, which employs millions of

12 workers, and on 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 the State 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 Secretary of the Interior is responsible

23 for protecting and interpreting the cultural and his24 toric resources of the United States, and there are

25 significant examples of those resources within the
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1 State to warrant the involvement of the Secretary in

2 developing programs and projects in cooperation

3 with the Hoosier Automobile & Truck National Her4 itage Trail Area Partnership, Inc., the State, and

5 other local and governmental bodies, to conserve,

6 protect, and interpret those resources for the edu7 cational and recreational benefit of the public;

8 (8) the Partnership would be an appropriate en9 tity to oversee the development of the Hoosier Auto10 mobile and Truck National Heritage Trail Area;

11 (9) many museums of regional, national, and

12 international stature are located within the Heritage

13 Area, including—

14 (A) the Auburn Cord Duesenberg Museum

15 at Auburn, Indiana;

16 (B) the National Automotive and Truck

17 Museum of the United States at Auburn, Indi18 ana;

19 (C) the S. Ray Miller Museum at Elkhart,

20 Indiana;

21 (D) the RV/MH Hall of Fame, Museum,

22 and Library at Elkhart, Indiana;

23 (E) the Studebaker National Museum at

24 South Bend, Indiana;
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1 (F) the Door Prairie Museum at LaPorte,

2 Indiana; and

3 (G) the Indianapolis Motor Speedway Mu4 seum at Indianapolis, Indiana;

5 (10) Auburn, Indiana, called the ‘‘Collector Car

6 Capital of the World’’—

7 (A) is the home of the Auburn Cord

8 Duesenberg Museum, the National Automotive

9 and Truck Museum of the United States, and

10 the Kruse Auction Park;

11 (B) is adjacent to the Michigan Auto12 mobile National Heritage Area; and

13 (C) is the focal point of the Heritage Area;

14 and

15 (11) the cultural, historic, scenic, and natural

16 resources of the Heritage Area form a cohesive, na17 tionally distinctive landscape arising from patterns

18 of human activity shaped by geography, with the re19 sult that the Heritage Area is representative of the

20 national experience by virtue of—

21 (A) the physical features that remain;

22 (B) the traditions that have evolved within

23 those features; and
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1 (C) the continued use of the Heritage Area

2 by people whose traditions and activities helped

3 to shape that landscape.

4 (b) PURPOSE.—The purpose of this Act is to estab5 lish the Heritage Area to—

6 (1) foster a close working relationship with all

7 levels of government, the private sector, and local

8 communities in the State and empower communities

9 in Indiana to conserve their automotive and truck

10 heritage while strengthening future economic oppor11 tunities; and

12 (2) conserve, interpret, and develop the histor13 ical, cultural, recreational, and natural resources re14 lated to the industrial and cultural heritage of the

15 Heritage Area.

16 SEC. 3. DEFINITIONS.

17 In this Act:

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

19 Board of Directors of the Partnership.

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

21 Area’’ means the Hoosier Automobile and Truck

22 National Heritage Trail Area established by section

23 4.
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1 (3) MANAGEMENT PLAN.—The term ‘‘Manage2 ment Plan’’ means the management plan for the

3 Heritage Area approved under section 6.

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

5 means Hoosier Automobile & Truck National Herit6 age Trail Area, Inc., a nonprofit corporation estab7 lished under the laws of the State.

8 (5) SECRETARY.—The term ‘‘Secretary’’ means

9 the Secretary of the Interior.

10 (6) STATE.—The term ‘‘State’’ means the State

11 of Indiana.

12 SEC. 4. HOOSIER AUTOMOBILE AND TRUCK NATIONAL HER13 ITAGE AREA.

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

15 State of Indiana the Hoosier Automobile and Truck Na16 tional Heritage Trail Area.

17 (b) AREAS INCLUDED.—

18 (1) IN GENERAL.—There shall be included in

19 the Heritage Area areas containing cultural and his20 torical resources that are—

21 (A) relevant to the purposes of this Act;

22 and

23 (B) located in the following counties in the

24 State of Indiana: Adams, Allen, Bartholomew,

25 Brown, Clark, Clinton, Crawford, Daviess,
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1 Dearborn, Decatur, DeKalb, Delaware, Dubois,

2 Elkhart, Fayette, Floyd, Franklin, Gibson,

3 Greene, Hamilton, Hancock, Harrison, Henry,

4 Huntington, Jackson, Jay, Jefferson, Jennings,

5 Johnson, Lake, Knox, Kosciusko, LaGrange,

6 LaPorte, Lawrence, Madison, Marion, Martin,

7 Monroe, Morgan, Noble, Ohio, Orange, Perry,

8 Pike, Porter, Posey, Randolph, Ripley, Rush,

9 Scott, Shelby, Spencer, Starke, Steuben, Sul10 livan, Switzerland, Tipton, Union,

11 Vanderburgh, Warrick, Washington, Wayne,

12 Wells, and Whitley.

13 (2) PRECISE BOUNDARIES.—The precise bound14 aries of the Heritage Area shall be specified in the

15 management plan.

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

17 of the Heritage Area, which shall be on file and

18 available for public inspection in the office of the Di19 rector of the National Park Service.

20 (4) INCLUSION OF PROPERTY IN THE HERITAGE

21 AREA.—

22 (A) CONSENT OF LOCAL GOVERNMENTS.—

23 The Partnership shall provide to the govern24 ment of each city, village, and township that
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1 has jurisdiction over property proposed to be in2 cluded in the Heritage Area—

3 (i) written notice of the proposed in4 clusion; and

5 (ii) a period of 60 days in which to

6 object to the inclusion.

7 (B) CONDITIONS FOR INCLUSION OF PROP8 ERTY IN HERITAGE AREA.—Property may not

9 be included in the Heritage Area if—

10 (i) the Partnership fails to provide no11 tice of the proposed inclusion and a period

12 in which to object in accordance with para13 graph (4); or

14 (ii) any local government to which the

15 notice is required to be provided objects to

16 the inclusion, in writing to the Partner17 ship, by not later than the end of the 60-

18 day period.

19 (5) ADDITIONS AND REMOVALS OF RESOURCE

20 AREAS.—At the request of the Partnership, the Sec21 retary may add or remove areas containing cultural

22 and historic resources described in paragraph (1) to

23 or from the Heritage Area.
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1 SEC. 5. DESIGNATION OF PARTNERSHIP AS MANAGEMENT

2 ENTITY.

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

4 management entity for the Heritage Area.

5 (b) FEDERAL FUNDING.—

6 (1) AUTHORIZATION TO RECEIVE FUNDS.—The

7 Partnership may receive amounts appropriated to

8 carry out this Act.

9 (2) DISQUALIFICATION.—If a management plan

10 for the Area is not submitted to the Secretary as re11 quired under section 6 within the time specified in

12 that section, the Partnership shall cease to be au13 thorized to receive Federal funding under this Act

14 until a management plan is submitted to the Sec15 retary.

16 (c) USE OF FEDERAL FUNDS.—The Partnership

17 may, for purposes of preparing and implementing the

18 management plan for the Heritage Area, use Federal

19 funds made available under this Act—

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

21 Indiana, political subdivisions of the State, nonprofit

22 organizations, and other persons;

23 (2) to enter into cooperative agreements with or

24 provide technical assistance to Federal agencies, the

25 State, political subdivisions of the State, nonprofit

26 organizations, and other persons;
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1 (3) to hire and compensate staff;

2 (4) to obtain funds from any source under any

3 program or law requiring the recipient of funds to

4 make a contribution in order to receive the funds;

5 and

6 (5) to contract for goods and services.

7 (d) PROHIBITION OF ACQUISITION OF REAL PROP8 ERTY.—The Partnership may not use Federal funds re9 ceived under this Act to acquire real property or any inter10 est in real property.

11 SEC. 6. MANAGEMENT OF THE HERITAGE AREA.

12 (a) HERITAGE AREA MANAGEMENT PLAN.—

13 (1) DEVELOPMENT AND SUBMISSION FOR RE14 VIEW.—Not later than 3 years after the date of en15 actment of this Act, the Board, with public partici16 pation, shall develop and submit for review to the

17 Secretary a management plan for the Heritage Area.

18 (2) CONTENTS.—The management plan shall—

19 (A) present comprehensive recommenda20 tions for the conservation, funding, manage21 ment, and development of the Heritage Area;

22 (B) take into consideration Federal, State,

23 county, and local plans in effect on the date of

24 enactment of this Act and involve residents,
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1 public agencies, and private organizations in the

2 Heritage Area;

3 (C) include a description of actions that

4 units of government and private organizations

5 are recommended to take to protect the re6 sources of the Heritage Area;

7 (D) specify existing and potential sources

8 of Federal and non-Federal funding for the

9 conservation, management, and development of

10 the Heritage Area; and

11 (E) include—

12 (i) an inventory of resources in the

13 Heritage Area that—

14 (I) includes a list of property in

15 the Heritage Area that should be con16 served, restored, managed, developed,

17 or maintained because of the cultural,

18 historic, or natural significance of the

19 property as it relates to the themes of

20 the Heritage Area; and

21 (II) does not include any prop22 erty that is privately owned unless the

23 owner of the property consents in

24 writing to the inclusion;
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1 (ii) a recommendation of policies for

2 resource management, including policies

3 for the development of intergovernmental

4 cooperative agreements to manage the his5 torical, cultural, and natural resources and

6 recreational opportunities of the Heritage

7 Area in a manner that is consistent with

8 the support of appropriate and compatible

9 economic viability;

10 (iii) a program for implementation of

11 the management plan, including plans for

12 restoration and construction and a descrip13 tion of any commitments that have been

14 made by persons interested in management

15 of the Heritage Area;

16 (iv) an analysis of means by which

17 Federal, State, and local programs may

18 best be coordinated to promote the pur19 poses of this Act; and

20 (v) an interpretive plan for the Herit21 age Area.

22 (3) APPROVAL OR DISAPPROVAL OF THE MAN23 AGEMENT PLAN.—

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

25 after submission of the Heritage Area manage-
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1 ment plan by the Board, the Secretary shall ap2 prove or disapprove the management plan.

3 (B) FAILURE TO ACT.—If the Secretary

4 fails to approve or disapprove the management

5 plan within 60 days, the management plan shall

6 be considered to have been approved.

7 (C) DISAPPROVAL AND REVISIONS.—

8 (i) IN GENERAL.—If the Secretary

9 disapproves the management plan, the Sec10 retary shall—

11 (I) advise the Board, in writing,

12 of the reasons for the disapproval; and

13 (II) make recommendations for

14 revision of the management plan.

15 (ii) APPROVAL OR DISAPPROVAL.—

16 The Secretary shall approve or disapprove

17 proposed revisions to the management plan

18 not later than 60 days after receipt of such

19 revisions from the Board.

20 (iii) FAILURE TO ACT.—If the Sec21 retary has taken no action for 60 days

22 after receipt, the management plan and re23 visions shall be considered to have been ap24 proved.
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1 (b) PRIORITIES.—The Partnership shall give priority

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

3 forth in the management plan for the Heritage Area,

4 including—

5 (1) assisting units of government, regional plan6 ning organizations, and nonprofit organizations—

7 (A) in conserving the Heritage Area;

8 (B) in establishing and maintaining inter9 pretive exhibits in the Heritage Area;

10 (C) in developing recreational opportunities

11 in the Heritage Area;

12 (D) in increasing public awareness of and

13 appreciation for the historical, cultural, and

14 natural resources of the Heritage Area;

15 (E) in the restoration of historic buildings

16 that are located within the boundaries of the

17 Heritage Area and related to the theme of the

18 Heritage Area; and

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

20 environmentally appropriate signs identifying

21 access points and sites of interest are put in

22 place throughout the Heritage Area; and

23 (2) consistent with the goals of the manage24 ment plan, encouraging economic viability in the af25 fected communities by appropriate means.
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1 (c) CONSIDERATION OF INTERESTS OF LOCAL

2 GROUPS.—In preparing and implementing the manage3 ment plan for the Heritage Area, the Partnership shall

4 consider the interests of diverse units of government, busi5 nesses, private property owners, and nonprofit groups

6 within the Heritage Area.

7 (d) PUBLIC MEETINGS.—The Partnership shall con8 duct public meetings at least annually regarding the im9 plementation of the Heritage Area management plan.

10 (e) ANNUAL REPORTS.—For any fiscal year in which

11 the Partnership receives Federal funds under this Act or

12 in which a loan made by the Partnership with Federal

13 funds under section 5(c)(l) is outstanding, the Partnership

14 shall submit to the Secretary an annual report that

15 describes—

16 (1) the accomplishments of the Partnership;

17 (2) the expenses and income of the Partnership;

18 and

19 (3) the entities to which the Partnership made

20 any loans and grants during the year for which the

21 report is made.

22 (f) COOPERATION WITH AUDITS.—For any fiscal

23 year in which the Partnership receives Federal funds

24 under this Act or in which a loan made by the Partnership
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1 with Federal funds under section 5(c)(1) is outstanding,

2 the Partnership shall—

3 (1) make available for audit by Congress, the

4 Secretary, and appropriate units of government all

5 records and other information pertaining to the ex6 penditure of the Federal funds and any matching

7 funds; and

8 (2) require, for all agreements authorizing ex9 penditure of Federal funds by other organizations,

10 that the receiving organizations make available for

11 audit all records and other information pertaining to

12 the expenditure of the Federal funds.

13 (g) DELEGATION.—The Partnership may delegate

14 the responsibilities and actions under this section for each

15 county named in section 4(b)(1).

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

17 (a) TECHNICAL ASSISTANCE AND GRANTS.—

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

19 technical assistance and, subject to the availability

20 of appropriations, grants to

21 (A) the Partnership, for use in developing

22 and implementing the management plan; and

23 (B) units of government, nonprofit organi24 zations, and other persons, at the request of the

25 Partnership.
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1 (2) PROHIBITION OF CERTAIN REQUIRE2 MENTS.—The Secretary may not, as a condition of

3 the award of technical assistance or grants under

4 this section, require any recipient of the technical

5 assistance or a grant to enact or modify land use re6 strictions.

7 (3) DETERMINATIONS REGARDING ASSIST8 ANCE.—The Secretary shall determine which persons

9 should be provided technical assistance and grants

10 under this subsection and the amount of that

11 assistance—

12 (A) based on the degree to which the use

13 to which persons requesting assistance effec14 tively fulfills the objectives of the management

15 plan and achieves the purposes of this Act; and

16 (B) after giving special consideration to

17 projects that provide a greater leverage of Fed18 eral funds.

19 (b) PROVISION OF INFORMATION.—In cooperation

20 with other Federal agencies, the Secretary shall provide

21 the public with information concerning the location and

22 character of the Heritage Area.

23 (c) COOPERATIVE AGREEMENTS.—The Secretary

24 may enter into cooperative agreements with public and
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1 private organizations for the purposes of implementing

2 this subsection.

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

4 Federal entity conducting any activity directly affecting

5 the Heritage Area shall—

6 (1) consider the potential effect of the activity

7 on the Heritage Area management plan; and

8 (2) consult with the Partnership with respect to

9 the activity to minimize the adverse effects of the ac10 tivity on the Heritage Area.

11 SEC. 8. NO EFFECT ON LAND USE REGULATION AND PRI12 VATE PROPERTY.

13 (a) NO EFFECT ON LAND USE AUTHORITY.—Noth14 ing in this Act modifies, enlarges, or diminishes any au15 thority of Federal, State, or local government to regulate

16 any use of land under any other law.

17 (b) NO ZONING OR LAND USE POWERS.—Nothing

18 in this Act grants powers of zoning or land use control

19 to the Partnership.

20 (c) LOCAL AUTHORITY AND PRIVATE PROPERTY

21 NOT AFFECTED.—Nothing in this Act affects or author22 izes the Partnership to interfere with—

23 (1) the rights of any person with respect to pri24 vate property; or
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1 (2) any local zoning ordinance or land use plan

2 of the State or a political subdivision of the State.

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

4 (a) IN GENERAL.—There is authorized to be appro5 priated to carry out this Act not more than $1,000,000

6 for any fiscal year, and not more than a total of

7 $10,000,000.

8 (b) FEDERAL SHARE.—The Federal share of the cost

9 of any activity carried out using funds made available

10 under this Act shall not exceed 50 percent.

11 SEC. 10. TERMINATION OF AUTHORITY.

12 The Secretary may not provide any assistance or

13 make any grant under this Act after September 30, 2015.

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