[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 526 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 526

 To establish the Ocmulgee National Heritage Corridor in the State of 
                    Georgia, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2009

 Mr. Marshall introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the Ocmulgee National Heritage Corridor in the State of 
                    Georgia, 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.

    This Act may be cited as the ``Ocmulgee National Heritage Corridor 
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Ocmulgee Heritage Corridor is centered on the fall 
        line of the Ocmulgee River, a crossroads of history and 
        geography, which divides two geographic regions and creates two 
        distinct ecosystems, the Piedmont Plateau and the Eastern 
        Coastal Plain. The intersection of land and water 
        transportation routes has fostered a continuum of human 
        settlement that has endured more than 12,000 years.
            (2) Macon, Georgia, has more acreage listed in the National 
        Register than any other city in Georgia, including fifty-four 
        individual properties, ten National Register historic districts 
        with more than 5,500 contributing properties, and two National 
        Historic Landmarks.
            (3) The Ocmulgee National Monument protects the remains of 
        Native American settlements over a 12,000-year period and has 
        features and artifacts representing a long cultural continuum 
        from early hunter-gatherers through the Civil War.
            (4) The Ocmulgee Old Fields, which consist of the Ocmulgee 
        National Monument, Bond Swamp National Wildlife Refuge, Central 
        City Park, and other private lands in the Ocmulgee floodplain 
        have been determined eligible for listing in the National 
        Register of Historic Places as a Traditional Cultural Property. 
        The Traditional Cultural Property determination is based on the 
        area's cultural and historical significance in Native American 
        heritage and its potential for yielding important information 
        about the history of the Macon Plateau and Ocmulgee River.
            (5) The Ocmulgee National Heritage Corridor has been 
        proposed in order to heighten appreciation of the region, 
        preserve its natural and historical resources, and improve the 
        quality of life and economy of the area.
            (6) Macon, Georgia has been designated as one of Georgia's 
        Preserve America Communities and one of the National Trust's 
        Dozen Distinctive Destinations of 2004.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To establish the Ocmulgee National Heritage Corridor in 
        the State of Georgia.
            (2) To implement the national heritage corridor alternative 
        as described in the document entitled ``Ocmulgee National 
        Heritage Corridor Feasibility Study, September 2004''.
            (3) To provide a management framework to foster a close 
        working relationship among all levels of government, the 
        private sector, and the local communities in the Ocmulgee 
        Heritage Corridor and to conserve the region's heritage while 
        continuing to pursue compatible economic opportunities.
            (4) To assist communities, organizations, and citizens in 
        the State of Georgia in identifying, preserving, interpreting, 
        and developing the historical, cultural, scenic, and natural 
        resources of the region for the educational and inspirational 
        benefit of current and future generations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage corridor.--The term ``Heritage Corridor'' 
        means the Ocmulgee National Heritage Corridor, established in 
        section 4.
            (2) Local coordinating entity.--The term ``Local 
        Coordinating Entity'' means the local coordinating entity for 
        the Heritage Corridor designated by section 4(d).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Corridor specified in 
        section 6.
            (4) Map.--The term ``map'' means the map titled ``Boundary 
        Map Ocmulgee National Heritage Corridor--Alternative B'' and 
        dated September 2004.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Georgia.

SEC. 4. OCMULGEE NATIONAL HERITAGE CORRIDOR.

    (a) Establishment.--There is established the Ocmulgee National 
Heritage Corridor.
    (b) Boundaries.--The Heritage Corridor shall be comprised of the 
land and water within the boundaries of the Heritage Corridor, as 
depicted on the map, including--
            (1) the City of Macon, Georgia;
            (2) Ocmulgee National Monument; and
            (3) the Ocmulgee River Corridor from Water Works to the 
        Bond Swamp.
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service, Department of the Interior.
    (d) Local Coordinating Entity.--The Ocmulgee Heritage L.L.C. shall 
be the local coordinating entity for the Heritage Corridor.

SEC. 5. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.

    (a) Duties of the Local Coordinating Entity.--To further the 
purposes of the Heritage Corridor, the local coordinating entity 
shall--
            (1) prepare and submit a management plan for the Heritage 
        Corridor to the Secretary in accordance with section 6;
            (2) assist units of local government, regional planning 
        organizations, and nonprofit organizations in implementing the 
        approved management plan by--
                    (A) carrying out programs and projects that 
                recognize, protect, and enhance important resource 
                values within the Heritage Corridor;
                    (B) establishing and maintaining interpretive 
                exhibits and programs within the Heritage Corridor;
                    (C) developing recreational and educational 
                opportunities in the Heritage Corridor;
                    (D) increasing public awareness of and appreciation 
                for natural, historical, scenic, and cultural resources 
                of the Heritage Corridor;
                    (E) protecting and restoring historic sites and 
                buildings in the Heritage Corridor that are consistent 
                with Heritage Corridor themes;
                    (F) ensuring that clear, consistent, and 
                appropriate signs identifying points of public access 
                and sites of interest are posted throughout the 
                Heritage Corridor; and
                    (G) promoting a wide range of partnerships among 
                governments, organizations, and individuals to further 
                the purposes of the Heritage Corridor;
            (3) consider the interests of diverse units of government, 
        businesses, organizations, and individuals in the Heritage 
        Corridor in the preparation and implementation of the 
        management plan;
            (4) conduct meetings open to the public at least 
        semiannually regarding the development and implementation of 
        the management plan;
            (5) submit an annual report to the Secretary for any fiscal 
        year in which the local coordinating entity receives Federal 
        funds under this Act specifying--
                    (A) the specific performance goals and 
                accomplishments of the local coordinating entity;
                    (B) the expenses and income of the local 
                coordinating entity;
                    (C) the amounts and sources of matching funds;
                    (D) the amounts leveraged with Federal funds and 
                sources of the leveraging; and
                    (E) grants made to any other entities during the 
                fiscal year;
            (6) make available for audit for any fiscal year in which 
        it receives Federal funds under this Act, all information 
        pertaining to the expenditure of such funds and any matching 
        funds, and require in all agreements authorizing expenditures 
        of Federal funds by other organizations, that the receiving 
        organizations make available for such audit all records and 
        other information pertaining to the expenditure of such funds; 
        and
            (7) encourage by appropriate means economic viability that 
        is consistent with the purposes of the Heritage Corridor.
    (b) Authorities.--The local coordinating entity may, for the 
purposes of preparing and implementing the management plan for the 
Heritage Corridor, use Federal funds made available through this Act 
to--
            (1) make grants to the State of Georgia, its political 
        subdivisions, nonprofit organizations, and other persons;
            (2) enter into cooperative agreements with or provide 
        technical assistance to the State of Georgia, its political 
        jurisdictions, nonprofit organizations, Federal agencies, and 
        other interested parties;
            (3) hire and compensate staff, which shall include 
        individuals with expertise in natural, cultural, and historical 
        resources protection, economic and community development, and 
        heritage planning;
            (4) obtain funds or services from any source including any 
        that are provided under any other Federal law or program;
            (5) contract for goods or services; and
            (6) support activities of partners and any other activities 
        that further the purposes of the Heritage Corridor and is 
        consistent with the approved management plan.
    (c) Prohibitions on the Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds received under this Act 
to acquire real property, but may use any other source of funding, 
including other Federal funding outside this authority, intended for 
the acquisition of real property.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--The management plan for the Heritage Corridor 
shall--
            (1) include comprehensive policies, strategies, and 
        recommendations for conservation, funding, management, and 
        development of the Heritage Corridor;
            (2) take into consideration existing State, county, and 
        local plans in the development of the management plan and its 
        implementation;
            (3) include a description of actions that governments, 
        private organizations, and individuals have agreed to take to 
        protect the natural, historical, and cultural resources of the 
        Heritage Corridor;
            (4) specify the existing and potential sources of funding 
        or economic development strategies to protect, manage, and 
        develop the Heritage Corridor;
            (5) include an inventory of the natural, historical, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Corridor related to the themes of the Heritage 
        Corridor that should be preserved, restored, managed, 
        developed, or maintained;
            (6) recommend policies and strategies for resource 
        management that consider and detail the application of 
        appropriate land and water management techniques including, but 
        not limited to, the development of intergovernmental and 
        interagency cooperative agreements to protect the Heritage 
        Corridor's natural, historical, cultural, educational, scenic, 
        and recreational resources;
            (7) describe a program of implementation for the management 
        plan including performance goals, plans for resource 
        protection, restoration, interpretation, enhancement, 
        management, and development, and specific commitments for 
        implementation that have been made by the local coordinating 
        entity or any government, organization, or individual;
            (8) include an analysis and recommendations for ways in 
        which local, State, and Federal programs, including the role of 
        the National Park Service in the Heritage Corridor, may best be 
        coordinated to further the purposes of this Act;
            (9) include an interpretive plan for the Heritage Corridor; 
        and
            (10) include a business plan that--
                    (A) describes the role, operation, financing, and 
                functions of the local coordinating entity and of each 
                of the major activities contained in the management 
                plan; and
                    (B) provides adequate assurances that the local 
                coordinating entity has the partnerships and financial 
                and other resources necessary to implement the 
                management plan for the Heritage Corridor.
    (b) Deadline and Termination of Funding.--
            (1) Deadline.--The local coordinating entity shall submit 
        the management plan to the Secretary for approval not later 
        than 3 years after funds are made available for this Act.
            (2) Termination of funding.--If the management plan is not 
        submitted to the Secretary in accordance with this subsection, 
        the local coordinating entity shall not qualify for Federal 
        funding under this Act until such time as the management plan 
        is submitted to and approved by the Secretary.

SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--
            (1) In general.--The Secretary may, upon the request of the 
        local coordinating entity, provide technical and financial 
        assistance on a reimbursable or nonreimbursable basis (as 
        determined by the Secretary) to the Heritage Corridor to 
        develop and implement the approved management plan. The 
        Secretary is authorized to enter into cooperative agreements 
        with the local coordinating entity and other public or private 
        entities for this purpose.
            (2) Priority actions.--In assisting the Heritage Corridor, 
        the Secretary shall give priority to actions that in general 
        assist in--
                    (A) conserving the significant natural, historical, 
                cultural, and scenic resources of the Heritage 
                Corridor; and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Heritage Corridor.
    (b) Approval and Disapproval of Management Plan.--
            (1) In general.--The Secretary shall approve or disapprove 
        the management plan not later than 180 days after receiving the 
        management plan.
            (2) Criteria for approval.--In determining the approval of 
        the management plan, the Secretary shall consider whether--
                    (A) the local coordinating entity is representative 
                of the diverse interests of the Heritage Corridor 
                including governments, natural and historic resource 
                protection organizations, educational institutions, 
                businesses, and recreational organizations;
                    (B) the local coordinating entity has afforded 
                adequate opportunity, including public hearings, for 
                public and governmental involvement in the preparation 
                of the management plan;
                    (C) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                historical, and cultural resources of the Heritage 
                Corridor;
                    (D) the Secretary has received adequate assurances 
                from the appropriate State and local officials whose 
                support is needed to ensure the effective 
                implementation of the State and local aspects of the 
                management plan; and
                    (E) the local coordinating entity has demonstrated 
                the financial capability, in partnership with others, 
                to carry out the plan.
            (3) Action following disapproval.--If the Secretary 
        disapproves the management plan, the Secretary shall advise the 
        local coordinating entity in writing of the reasons that the 
        management plan was disapproved and shall make recommendations 
        for revisions to the management plan. The Secretary shall 
        approve or disapprove a proposed revision within 180 days after 
        the date it is submitted.
            (4) Approval of amendments.--Substantial amendments to the 
        management plan shall be reviewed by the Secretary and approved 
        in the same manner as provided for the original management 
        plan. The local coordinating entity shall not use Federal funds 
        authorized by this Act to implement any amendments until the 
        Secretary has approved the amendments.

SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law.
    (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct activities that may have an impact on the Heritage 
Corridor is encouraged to consult and coordinate the activities with 
the Secretary and the local coordinating entity to the maximum extent 
practicable.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law or regulation 
        authorizing a Federal agency to manage Federal land under the 
        jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the Heritage Corridor; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 9. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any property owner (whether 
        public or private), including the right to refrain from 
        participating in any plan, project, program, or activity 
        conducted within the Heritage Corridor;
            (2) requires any property owner to permit public access 
        (including access by Federal, State, or local agencies) to the 
        property of the property owner, or to modify public access or 
        use of property of the property owner under any other Federal, 
        State, or local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, or local agency, or conveys any land use or other 
        regulatory authority to any local coordinating entity;
            (4) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (5) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Corridor; or
            (6) creates any liability, or affects any liability under 
        any other law, or any private property owner with respect to 
        any person injured on the private property.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated for the 
purposes of this Act not more than $1,000,000 for any fiscal year. Not 
more than a total of $10,000,000 may be appropriated for the Heritage 
Corridor under this Act.
    (b) Matching Funds.--Federal funding provided under this Act may 
not exceed 50 percent of the total cost of any assistance or grant 
provided or authorized under this Act.

SEC. 11. SUNSET.

    The authority of the Secretary to provide financial assistance 
under this Act shall terminate on the day occurring 15 years after the 
date of the enactment of the Act.
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