II

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.

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 ‘‘Automobile National

5 Heritage Area Act of 1998’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds that—

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

9 legacies of Michigan’s automobile industry are na10 tionally significant;
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1 (2) in the areas of Michigan including and in

2 proximity to Detroit, Dearborn, Flint, and Lansing,

3 the design and manufacture of the automobile

4 helped establish and expand the United States in5 dustrial power;

6 (3) the industrial strength of automobile manu7 facturing was vital to defending freedom and democ8 racy in 2 world wars and played a defining role in

9 American victories;

10 (4) the economic strength of our Nation is con11 nected integrally to the vitality of the automobile in12 dustry, which employs millions of workers and upon

13 which 1 out of 7 United States jobs depends;

14 (5) the industrial and cultural heritage of the

15 automobile industry in Michigan includes the social

16 history and living cultural traditions of several gen17 erations;

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 industry;

21 (7) the Department of the Interior is respon22 sible for protecting and interpreting the Nation’s

23 cultural and historic resources, and there are signifi24 cant examples of these resources within Michigan to

25 merit the involvement of the Federal Government to
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1 develop programs and projects in cooperation with

2 the Automobile National Heritage Area Partnership,

3 Incorporated, the State of Michigan, and other local

4 and governmental bodies, to adequately conserve,

5 protect, and interpret this heritage for the edu6 cational and recreational benefit of this and future

7 generations of Americans;

8 (8) the Automobile National Heritage Area

9 Partnership, Incorporated would be an appropriate

10 entity to oversee the development of the Automobile

11 National Heritage Area; and

12 (9) 2 local studies, ‘‘A Shared Vision for Metro13 politan Detroit’’ and ‘‘The Machine That Changed

14 the World’’, and a National Park Service study,

15 ‘‘Labor History Theme Study: Phase III; Suitability16 Feasibility’’, demonstrated that sufficient historical

17 resources exist to establish the Automobile National

18 Heritage Area.

19 (b) PURPOSE.—The purpose of this Act is to estab20 lish the Automobile National Heritage Area to—

21 (1) foster a close working relationship with all

22 levels of government, the private sector, and the

23 local communities in Michigan and empower commu24 nities in Michigan to conserve their automotive her-
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1 itage while strengthening future economic opportuni2 ties; and

3 (2) conserve, interpret, and develop the histori4 cal, cultural, natural, and recreational resources re5 lated to the industrial and cultural heritage of the

6 Automobile National Heritage Area.

7 SEC. 3. DEFINITIONS.

8 For purposes of this Act:

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

10 Board of Directors of the Partnership.

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

12 Area’’ means the Automobile National Heritage

13 Area established by section 4.

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

15 means the Automobile National Heritage Area Part16 nership, Incorporated (a nonprofit corporation estab17 lished under the laws of the State of Michigan).

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

19 the Secretary of the Interior.

20 SEC. 4. AUTOMOBILE NATIONAL HERITAGE AREA.

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

22 State of Michigan the Automobile National Heritage Area.

23 (b) BOUNDARIES.—

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

25 the boundaries of the Heritage Area shall include
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1 lands in Michigan that are related to the following

2 corridors:

3 (A) The Rouge River Corridor.

4 (B) The Detroit River Corridor.

5 (C) The Woodward Avenue Corridor.

6 (D) The Lansing Corridor.

7 (E) The Flint Corridor.

8 (F) The Sauk Trail/Chicago Road Cor9 ridor.

10 (2) SPECIFIC BOUNDARIES.—The specific

11 boundaries of the Heritage Area shall be those speci12 fied in the management plan approved under section

13 6.

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

15 of the Heritage Area which shall be on file and

16 available for public inspection in the office of the Di17 rector of the National Park Service.

18 (4) CONSENT OF LOCAL GOVERNMENTS.—(A)

19 The Partnership shall provide to the government of

20 each city, village, and township that has jurisdiction

21 over property proposed to be included in the Herit22 age Area written notice of that proposal.

23 (B) Property may not be included in the Herit24 age Area if—
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1 (i) the Partnership fails to give notice of

2 the inclusion in accordance with subparagraph

3 (A);

4 (ii) any local government to which the no5 tice is required to be provided objects to the in6 clusion, in writing to the Partnership, by not

7 later than the end of the period provided pursu8 ant to clause (iii); or

9 (iii) fails to provide a period of at least 60

10 days for objection under clause (ii).

11 (c) ADMINISTRATION.—The Heritage Area shall be

12 administered in accordance with this Act.

13 (d) ADDITIONS AND DELETIONS OF LANDS.—The

14 Secretary may add or remove lands to or from the Herit15 age Area in response to a request from the Partnership.

16 SEC. 5. DESIGNATION OF PARTNERSHIP AS MANAGEMENT

17 ENTITY.

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

19 management entity for the Heritage Area.

20 (b) FEDERAL FUNDING.—

21 (1) AUTHORIZATION TO RECEIVE FUNDS.—The

22 Partnership may receive amounts appropriated to

23 carry out this Act.

24 (2) DISQUALIFICATION.—If a management plan

25 for the Area is not submitted to the Secretary as re-
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1 quired under section 6 within the time specified in

2 that section, the Partnership shall cease to be au3 thorized to receive Federal funding under this Act

4 until such a plan is submitted to the Secretary.

5 (c) AUTHORITIES OF PARTNERSHIP.—The Partner6 ship may, for purposes of preparing and implementing the

7 management plan for the Area, use Federal funds made

8 available under this Act—

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

10 Michigan, its political subdivisions, nonprofit organi11 zations, and other persons;

12 (2) to enter into cooperative agreements with or

13 provide technical assistance to Federal agencies, the

14 State of Michigan, its political subdivisions, non15 profit organizations, and other persons;

16 (3) to hire and compensate staff;

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

18 program or law requiring the recipient of such

19 money to make a contribution in order to receive

20 such money; and

21 (5) to contract for goods and services.

22 (d) PROHIBITION OF ACQUISITION OF REAL PROP23 ERTY.—The Partnership may not use Federal funds re24 ceived under this Act to acquire real property or any inter25 est in real property.
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1 SEC. 6. MANAGEMENT DUTIES OF THE AUTOMOBILE NA2 TIONAL HERITAGE AREA PARTNERSHIP.

3 (a) HERITAGE AREA MANAGEMENT PLAN.—

4 (1) SUBMISSION FOR REVIEW BY SECRETARY.—

5 The Board of Directors of the Partnership shall,

6 within 3 years after the date of enactment of this

7 Act, develop and submit for review to the Secretary

8 a management plan for the Area.

9 (2) PLAN REQUIREMENTS, GENERALLY.—A

10 management plan submitted under this section

11 shall—

12 (A) present comprehensive recommenda13 tions for the conservation, funding, manage14 ment, and development of the Heritage Area;

15 (B) be prepared with public participation;

16 (C) take into consideration existing Fed17 eral, State, county, and local plans and involve

18 residents, public agencies, and private organiza19 tions in the Heritage Area;

20 (D) include a description of actions that

21 units of government and private organizations

22 are recommended to take to protect the re23 sources of the Heritage Area; and

24 (E) specify existing and potential sources

25 of Federal and non-Federal funding for the
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1 conservation, management, and development of

2 the Heritage Area.

3 (3) ADDITIONAL PLAN REQUIREMENTS.—The

4 management plan also shall include the following, as

5 appropriate:

6 (A) An inventory of resources contained in

7 the Heritage Area, including a list of property

8 in the Heritage Area that should be conserved,

9 restored, managed, developed, or maintained be10 cause of the natural, cultural, or historic sig11 nificance of the property as it relates to the

12 themes of the Heritage Area. The inventory

13 may not include any property that is privately

14 owned unless the owner of the property con15 sents in writing to that inclusion.

16 (B) A recommendation of policies for re17 source management that consider and detail the

18 application of appropriate land and water man19 agement techniques, including (but not limited

20 to) the development of intergovernmental coop21 erative agreements to manage the historical,

22 cultural, and natural resources and recreational

23 opportunities of the Heritage Area in a manner

24 consistent with the support of appropriate and

25 compatible economic viability.
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1 (C) A program for implementation of the

2 management plan, including plans for restora3 tion and construction and a description of any

4 commitments that have been made by persons

5 interested in management of the Heritage Area.

6 (D) An analysis of means by which Fed7 eral, State, and local programs may best be co8 ordinated to promote the purposes of this Act.

9 (E) An interpretive plan for the Heritage

10 Area.

11 (4) APPROVAL AND DISAPPROVAL OF THE MAN12 AGEMENT PLAN.—

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

14 after submission of the Heritage Area manage15 ment plan by the Board, the Secretary shall ap16 prove or disapprove the plan. If the Secretary

17 has taken no action after 60 days, the plan

18 shall be considered approved.

19 (B) DISAPPROVAL AND REVISIONS.—If the

20 Secretary disapproves the management plan,

21 the Secretary shall advise the Board, in writing,

22 of the reasons for the disapproval and shall

23 make recommendations for revision of the plan.

24 The Secretary shall approve or disapprove pro25 posed revisions to the plan not later than 60
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1 days after receipt of such revisions from the

2 Board. If the Secretary has taken no action for

3 60 days after receipt, the plan and revisions

4 shall be considered approved.

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

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

7 forth in the management plan for the Heritage Area, in8 cluding—

9 (1) assisting units of government, regional plan10 ning organizations, and nonprofit organizations—

11 (A) in conserving the Heritage Area;

12 (B) in establishing and maintaining inter13 pretive exhibits in the Heritage Area;

14 (C) in developing recreational opportunities

15 in the Heritage Area;

16 (D) in increasing public awareness of and

17 appreciation for the natural, historical, and cul18 tural resources of the Heritage Area;

19 (E) in the restoration of historic buildings

20 that are located within the boundaries of the

21 Heritage Area and related to the theme of the

22 Heritage Area; and

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

24 environmentally appropriate signs identifying
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1 access points and sites of interest are put in

2 place throughout the Heritage Area; and

3 (2) consistent with the goals of the manage4 ment plan, encouraging economic viability in the af5 fected communities by appropriate means.

6 (c) CONSIDERATION OF INTERESTS OF LOCAL

7 GROUPS.—The Partnership shall, in preparing and imple8 menting the management plan for the Heritage Area, con9 sider the interest of diverse units of government, busi10 nesses, private property owners, and nonprofit groups

11 within the Heritage Area.

12 (d) PUBLIC MEETINGS.—The Partnership shall con13 duct public meetings at least annually regarding the im14 plementation of the Heritage Area management plan.

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

16 any fiscal year in which it receives Federal funds under

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

18 Federal funds under section 5(c)(1) is outstanding, submit

19 an annual report to the Secretary setting forth its accom20 plishments, its expenses and income, and the entities to

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

22 which the report is made.

23 (f) COOPERATION WITH AUDITS.—The Partnership

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

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

3 and appropriate units of government all records and other

4 information pertaining to the expenditure of such funds

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

6 authorizing expenditure of Federal funds by other organi7 zations, that the receiving organizations make available

8 for such audit all records and other information pertaining

9 to the expenditure of such funds.

10 (g) DELEGATION.—The Partnership may delegate

11 the responsibilities and actions under this section for each

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

13 are subject to review and approval by the Partnership.

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

15 (a) TECHNICAL ASSISTANCE AND GRANTS.—

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

17 technical assistance and, subject to the availability

18 of appropriations, grants to units of government,

19 nonprofit organizations, and other persons upon re20 quest of the Partnership, and to the Partnership, re21 garding the management plan and its implementa22 tion.

23 (2) PROHIBITION OF CERTAIN REQUIRE24 MENTS.—The Secretary may not, as a condition of

25 the award of technical assistance or grants under
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1 this section, require any recipient of such technical

2 assistance or a grant to enact or modify land use re3 strictions.

4 (3) DETERMINATIONS REGARDING ASSIST5 ANCE.—The Secretary shall decide if a person shall

6 be awarded technical assistance or grants and the

7 amount of that assistance. Such decisions shall be

8 based on the relative degree to which the Heritage

9 Area effectively fulfills the objectives contained in

10 the Heritage Area management plan and achieves

11 the purposes of this Act. Such decisions shall give

12 consideration to projects which provide a greater

13 leverage of Federal funds.

14 (b) PROVISION OF INFORMATION.—In cooperation

15 with other Federal agencies, the Secretary shall provide

16 the general public with information regarding the location

17 and character of the Heritage Area.

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

19 into cooperative agreements with public and private orga20 nizations for the purposes of implementing this subsection.

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

22 Federal entity conducting any activity directly affecting

23 the Heritage Area shall consider the potential effect of the

24 activity on the Heritage Area management plan and shall

25 consult with the Partnership with respect to the activity
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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 Michigan 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, 2014.
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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There are 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 any financial assistance or grant provided

10 under this Act.

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