[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2099 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2099

To establish the Arabia Mountain National Heritage Area, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2005

  Ms. McKinney (for herself, Mr. Scott of Georgia, and Mr. Marshall) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Arabia Mountain National Heritage Area, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.

    (a) Short Title.--This Act may be cited as the ``Arabia Mountain 
National Heritage Area Act''.
    (b) Findings.--Congress finds the following:
            (1) The Arabia Mountain area contains a variety of natural, 
        cultural, historical, scenic, and recreational resources that 
        together represent distinctive aspects of the heritage of the 
        United States that are worthy of recognition, conservation, 
        interpretation, and continuing use.
            (2) The best methods for managing the resources of the 
        Arabia Mountain area would be through partnerships between 
        public and private entities that combine diverse resources and 
        active communities.
            (3) Davidson-Arabia Mountain Nature Preserve, a 535-acre 
        park in DeKalb County, Georgia--
                    (A) protects granite outcrop ecosystems, wetland, 
                and pine and oak forests; and
                    (B) includes federally-protected plant species.
            (4) Panola Mountain, a national natural landmark, located 
        in the 860-acre Panola Mountain State Conservation Park, is a 
        rare example of a pristine granite outcrop.
            (5) The archaeological site at Miners Creek Preserve along 
        the South River contains documented evidence of early human 
        activity.
            (6) The city of Lithonia, Georgia, and related sites of 
        Arabia Mountain and Stone Mountain possess sites that display 
        the history of granite mining as an industry and culture in 
        Georgia, and the impact of that industry on the United States.
            (7) The community of Klondike is eligible for designation 
        as a National Historic District.
            (8) The city of Lithonia has 2 structures listed on the 
        National Register of Historic Places.
    (c) Purposes.--The purposes of this Act are as follows:
            (1) To recognize, preserve, promote, interpret, and make 
        available for the benefit of the public the natural, cultural, 
        historical, scenic, and recreational resources in the area that 
        includes Arabia Mountain, Panola Mountain, Miners Creek, and 
        other significant sites and communities.
            (2) To assist the State of Georgia and the counties of 
        DeKalb, Rockdale, and Henry in the State in developing and 
        implementing an integrated cultural, historical, and land 
        resource management program to protect, enhance, and interpret 
        the significant resources within the heritage area.

SEC. 2. DEFINITIONS.

     For the purposes of this Act, the following definitions apply:
            (1) Heritage area.--The term ``heritage area'' means the 
        Arabia Mountain National Heritage Area established by section 
        3.
            (2) Management entity.--The term ``management entity'' 
        means the DeKalb County Parks and Recreation Department or a 
        successor of the DeKalb County Parks and Recreation Department.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the heritage area developed under 
        section 5.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of Georgia.

SEC. 3. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Arabia Mountain 
National Heritage Area in the State.
    (b) Boundaries.--The heritage area shall consist of certain parcels 
of land in the counties of DeKalb, Rockdale, and Henry in the State, as 
generally depicted on the map entitled ``Arabia Mountain National 
Heritage Area'', numbered AMNHA/80,000, and dated October, 2003.
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.
    (d) Management Entity.--The Arabia Mountain Heritage Area Alliance 
shall be the management entity for the heritage area.

SEC. 4. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

    (a) Authorities.--For purposes of developing and implementing the 
management plan, the management entity may--
            (1) make grants to, and enter into cooperative agreements 
        with, the State, political subdivisions of the State, and 
        private organizations;
            (2) hire and compensate staff; and
            (3) enter into contracts for goods and services.
    (b) Duties.--
            (1) Management plan.--
                    (A) In general.--The management entity shall 
                develop and submit to the Secretary the management 
                plan.
                    (B) Considerations.--In developing and implementing 
                the management plan, the management entity shall 
                consider the interests of diverse governmental, 
                business, and nonprofit groups within the heritage 
                area.
            (2) Priorities.--The management entity shall give priority 
        to implementing actions described in the management plan, 
        including the following:
                    (A) Assisting units of government and nonprofit 
                organizations in preserving resources within the 
                heritage area.
                    (B) Encouraging local governments to adopt land use 
                policies consistent with the management of the heritage 
                area and the goals of the management plan.
            (3) Public meetings.--The management entity shall conduct 
        public meetings at least quarterly on the implementation of the 
        management plan.
            (4) Annual report.--For any year in which Federal funds 
        have been made available under this Act, the management entity 
        shall submit to the Secretary an annual report that describes 
        the following:
                    (A) The accomplishments of the management entity.
                    (B) The expenses and income of the management 
                entity.
            (5) Audit.--The management entity shall--
                    (A) make available to the Secretary for audit all 
                records relating to the expenditure of Federal funds 
                and any matching funds; and
                    (B) require, with respect to all agreements 
                authorizing expenditure of Federal funds by other 
                organizations, that the receiving organizations make 
                available to the Secretary for audit all records 
                concerning the expenditure of those funds.
    (c) Use of Federal Funds.--
            (1) In general.--The management entity shall not use 
        Federal funds made available under this Act to acquire real 
        property or an interest in real property.
            (2) Other sources.--Nothing in this Act precludes the 
        management entity from using Federal funds made available under 
        other Federal laws for any purpose for which the funds are 
        authorized to be used.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--The management entity shall develop a management 
plan for the heritage area that incorporates an integrated and 
cooperative approach to protect, interpret, and enhance the natural, 
cultural, historical, scenic, and recreational resources of the 
heritage area.
    (b) Basis.--The management plan shall be based on the preferred 
concept in the document entitled ``Arabia Mountain National Heritage 
Area Feasibility Study'', dated February 28, 2001.
    (c) Consideration of Other Plans and Actions.--The management plan 
shall--
            (1) take into consideration State and local plans; and
            (2) involve residents, public agencies, and private 
        organizations in the heritage area.
    (d) Requirements.--The management plan shall include the following:
            (1) An inventory of the resources in the heritage area, 
        including--
                    (A) a list of property in the heritage area that--
                            (i) relates to the purposes of the heritage 
                        area; and
                            (ii) should be preserved, restored, 
                        managed, or maintained because of the 
                        significance of the property; and
                    (B) an assessment of cultural landscapes within the 
                heritage area.
            (2) Provisions for the protection, interpretation, and 
        enjoyment of the resources of the heritage area consistent with 
        the purposes of this Act.
            (3) An interpretation plan for the heritage area.
            (4) A program for implementation of the management plan 
        that includes--
                    (A) actions to be carried out by units of 
                government, private organizations, and public-private 
                partnerships to protect the resources of the heritage 
                area; and
                    (B) the identification of existing and potential 
                sources of funding for implementing the plan.
            (5) A description and evaluation of the management entity, 
        including the membership and organizational structure of the 
        management entity.
    (e) Submission to Secretary for Approval.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, the management entity shall submit 
        the management plan to the Secretary for approval.
            (2) Effect of failure to submit.--If a management plan is 
        not submitted to the Secretary by the date specified in 
        paragraph (1), the Secretary shall not provide any additional 
        funding under this Act until such date as a management plan for 
        the heritage area is submitted to the Secretary.
    (f) Approval and Disapproval of Management Plan.--
            (1) In general.--Not later than 90 days after receiving the 
        management plan submitted under subsection (e), the Secretary, 
        in consultation with the State, shall approve or disapprove the 
        management plan.
            (2) Action following disapproval.--
                    (A) Revision.--If the Secretary disapproves a 
                management plan submitted under paragraph (1), the 
                Secretary shall--
                            (i) advise the management entity in writing 
                        of the reasons for the disapproval;
                            (ii) make recommendations for revisions to 
                        the management plan; and
                            (iii) allow the management entity to submit 
                        to the Secretary revisions to the management 
                        plan.
                    (B) Deadline for approval of revision.--Not later 
                than 90 days after the date on which a revision is 
                submitted under subparagraph (A)(iii), the Secretary 
                shall approve or disapprove the revision.
    (g) Revision of Management Plan.--
            (1) In general.--After approval by the Secretary of a 
        management plan, the management entity shall periodically--
                    (A) review the management plan; and
                    (B) submit to the Secretary, for review and 
                approval by the Secretary, the recommendations of the 
                management entity for any revisions to the management 
                plan that the management entity considers to be 
                appropriate.
            (2) Expenditure of funds.--No funds made available under 
        this Act shall be used to implement any revision proposed by 
        the management entity under paragraph (1)(B) until the 
        Secretary approves the revision.

SEC. 6. TECHNICAL AND FINANCIAL ASSISTANCE.

    (a) In General.--At the request of the management entity, the 
Secretary may provide technical and financial assistance to the 
heritage area to develop and implement the management plan.
    (b) Priority.--In providing assistance under subsection (a), the 
Secretary shall give priority to actions that facilitate--
            (1) the conservation of the significant natural, cultural, 
        historical, scenic, and recreational resources that support the 
        purposes of the heritage area; and
            (2) the provision of educational, interpretive, and 
        recreational opportunities that are consistent with the 
        resources and associated values of the heritage area.

SEC. 7. EFFECT ON CERTAIN AUTHORITY.

    (a) Occupational, Safety, Conservation, and Environmental 
Regulation.--Nothing in this Act--
            (1) imposes an occupational, safety, conservation, or 
        environmental regulation on the heritage area that is more 
        stringent than the regulations that would be applicable to the 
        land described in section 3(b) but for the establishment of the 
        heritage area by section 3; or
            (2) authorizes a Federal agency to promulgate an 
        occupational, safety, conservation, or environmental regulation 
        for the heritage area that is more stringent than the 
        regulations applicable to the land described in section 3(b) as 
        of the date of enactment of this Act, solely as a result of the 
        establishment of the heritage area by section 3.
    (b) Land Use Regulation.--Nothing in this Act--
            (1) modifies, enlarges, or diminishes any authority of the 
        Federal Government or a State or local government to regulate 
        any use of land as provided for by law (including regulations) 
        in existence on the date of enactment of this Act; or
            (2) grants powers of zoning or land use to the management 
        entity.

SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved, conserved, or promoted by 
the management plan for the Heritage Area until the owner of that 
private property has been notified in writing by the management entity 
and has given written consent for such preservation, conservation, or 
promotion to the management entity.
    (b) Landowner Withdraw.--Any owner of private property included 
within the boundary of the Heritage Area shall have their property 
immediately removed from the boundary by submitting a written request 
to the management entity.

SEC. 9. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act shall be 
construed to--
            (1) require any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to such private property; or
            (2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.
    (b) Liability.--Designation of the Heritage Area shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property.
    (c) Recognition of Authority to Control Land Use.--Nothing in this 
Act shall be construed to modify the authority of Federal, State, or 
local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any 
private property located within the boundaries of the Heritage Area to 
participate in or be associated with the Heritage Area.
    (e) Effect of Establishment.--The boundaries designated for the 
Heritage Area represent the area within which Federal funds 
appropriated for the purpose of this Act may be expended. The 
establishment of the Heritage Area and its boundaries shall not be 
construed to provide any nonexisting regulatory authority on land use 
within the Heritage Area or its viewshed by the Secretary, the National 
Park Service, or the management entity.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $10,000,000, to remain available until expended, of which 
not more than $1,000,000 may be used in any fiscal year.
    (b) Federal Share.--The Federal share of the cost of any project or 
activity carried out using funds made available under this Act shall 
not exceed 50 percent.

SEC. 11. TERMINATION OF AUTHORITY.

     The authority of the Secretary to make any grant or provide any 
assistance under this Act shall terminate on September 30, 2016.
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