[Congressional Record (Bound Edition), Volume 151 (2005), Part 22]
[House]
[Pages 30263-30269]
[From the U.S. Government Publishing Office, www.gpo.gov]




               ARABIA MOUNTAIN NATIONAL HERITAGE AREA ACT

  Mr. POMBO. Mr. Speaker, I ask unanimous consent that the Committee on 
Resources be discharged from further consideration of the bill (H.R. 
2099) to establish the Arabia Mountain National Heritage Area, and for 
other purposes, and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 2099

       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

[[Page 30264]]

     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--

[[Page 30265]]

       (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.


      Amendment in the Nature of a Substitute Offered by Mr. Pombo

  Mr. POMBO. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Pombo:
       Strike all after the enacting clause and insert the 
     following:

            TITLE I--ARABIA MOUNTAIN NATIONAL HERITAGE AREA

     SECTION 101. SHORT TITLE.

       This title may be cited as the ``Arabia Mountain National 
     Heritage Area Act''.

     SEC. 102. FINDINGS AND PURPOSES.

       (a) 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.
       (b) Purposes.--The purposes of this title 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. 103. DEFINITIONS.

       In this title:
       (1) Heritage area.--The term ``heritage area'' means the 
     Arabia Mountain National Heritage Area established by section 
     4(a).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the Arabia Mountain Heritage Area 
     Alliance or a successor of the Arabia Mountain Heritage Area 
     Alliance.
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the heritage area developed under 
     section 6.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of Georgia.

     SEC. 104. 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) Local Coordinating Entity.--The Arabia Mountain 
     Heritage Area Alliance shall be the local coordinating entity 
     for the heritage area.

     SEC. 105. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING 
                   ENTITY.

       (a) Authorities.--For purposes of developing and 
     implementing the management plan, the local coordinating 
     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 local coordinating entity shall 
     develop and submit to the Secretary the management plan.
       (B) Considerations.--In developing and implementing the 
     management plan, the local coordinating entity shall consider 
     the interests of diverse governmental, business, and 
     nonprofit groups within the heritage area.
       (2) Priorities.--The local coordinating 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

[[Page 30266]]

     management of the heritage area and the goals of the 
     management plan.
       (3) Public meetings.--The local coordinating 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 title, the local 
     coordinating entity shall submit to the Secretary an annual 
     report that describes the following:
       (A) The accomplishments of the local coordinating entity.
       (B) The expenses and income of the local coordinating 
     entity.
       (5) Audit.--The local coordinating 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 local coordinating entity shall not 
     use Federal funds made available under this title to acquire 
     real property or an interest in real property.
       (2) Other sources.--Nothing in this title precludes the 
     local coordinating entity from using Federal funds made 
     available under other Federal laws for any purpose for which 
     the funds are authorized to be used.

     SEC. 106. MANAGEMENT PLAN.

       (a) In General.--The local coordinating 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 title.
       (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 local coordinating 
     entity, including the membership and organizational structure 
     of the local coordinating entity.
       (e) Submission to Secretary for Approval.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available to carry out this title, the 
     local coordinating 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 title 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 local coordinating entity in writing of the 
     reasons for the disapproval;
       (ii) make recommendations for revisions to the management 
     plan; and
       (iii) allow the local coordinating 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 local coordinating 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 local coordinating 
     entity for any revisions to the management plan that the 
     local coordinating entity considers to be appropriate.
       (2) Expenditure of funds.--No funds made available under 
     this title shall be used to implement any revision proposed 
     by the local coordinating entity under paragraph (1)(B) until 
     the Secretary approves the revision.

     SEC. 107. TECHNICAL AND FINANCIAL ASSISTANCE.

       (a) In General.--At the request of the local coordinating 
     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. 108. EFFECT ON CERTAIN AUTHORITY.

       (a) Occupational, Safety, Conservation, and Environmental 
     Regulation.--Nothing in this title--
       (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 4(b) but for the establishment 
     of the heritage area by section 4(a); 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 
     4(b) as of the date of enactment of this Act, solely as a 
     result of the establishment of the heritage area by section 
     4(a).
       (b) Land Use Regulation.--Nothing in this title--
       (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 local 
     coordinating entity.

     SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title $10,000,000, to remain available until 
     expended, of which not more than $1,000,000 may be authorized 
     to be appropriated for 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 title shall not exceed 50 percent.

     SEC. 110. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this title terminates on the date that is 15 years after the 
     date of enactment of this title.

     SEC. 111. 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. 112. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this title 
     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 title 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 title 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

[[Page 30267]]

     appropriated for the purpose of this title 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.

 TITLE II--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT 
                               AMENDMENTS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Illinois and Michigan 
     Canal National Heritage Corridor Act Amendments of 2005''.

     SEC. 202. TRANSITION AND PROVISIONS FOR NEW LOCAL 
                   COORDINATING ENTITY.

       The Illinois and Michigan Canal National Heritage Corridor 
     Act of 1984 (Public Law 98-398; 16 U.S.C. 461 note) is 
     amended as follows:
       (1) In section 103--
       (A) in paragraph (8), by striking ``and'';
       (B) in paragraph (9), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(10) the term `Association' means the Canal Corridor 
     Association (an organization described under section 
     501(c)(3) of the Internal Revenue Code of 1986 and exempt 
     from taxation under section 501(a) of such Code).''.
       (2) By adding at the end of section 112 the following new 
     paragraph:
       ``(7) The Secretary shall enter into a memorandum of 
     understanding with the Association to help ensure appropriate 
     transition of the local coordinating entity to the 
     Association and coordination with the Association regarding 
     that role.''.
       (3) By adding at the end the following new sections:

     ``SEC. 119. ASSOCIATION AS LOCAL COORDINATING ENTITY.

       ``Upon the termination of the Commission, the local 
     coordinating entity for the corridor shall be the 
     Association.

     ``SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION.

       ``For purposes of preparing and implementing the management 
     plan developed under section 121, the Association may use 
     Federal funds made available under this title--
       ``(1) to make loans and grants to, and enter into 
     cooperative agreements with, States and their political 
     subdivisions, private organizations, or any person;
       ``(2) to hire, train, and compensate staff; and
       ``(3) to enter into contracts for goods and services.

     ``SEC. 121. DUTIES OF THE ASSOCIATION.

       ``The Association shall--
       ``(1) develop and submit to the Secretary for approval 
     under section 123 a proposed management plan for the corridor 
     not later than 2 years after Federal funds are made available 
     for this purpose;
       ``(2) give priority to implementing actions set forth in 
     the management plan, including taking steps to assist units 
     of local government, regional planning organizations, and 
     other organizations--
       ``(A) in preserving the corridor;
       ``(B) in establishing and maintaining interpretive exhibits 
     in the corridor;
       ``(C) in developing recreational resources in the corridor;
       ``(D) in increasing public awareness of and appreciation 
     for the natural, historical, and architectural resources and 
     sites in the corridor; and
       ``(E) in facilitating the restoration of any historic 
     building relating to the themes of the corridor;
       ``(3) encourage by appropriate means economic viability in 
     the corridor consistent with the goals of the management 
     plan;
       ``(4) consider the interests of diverse governmental, 
     business, and other groups within the corridor;
       ``(5) conduct public meetings at least quarterly regarding 
     the implementation of the management plan;
       ``(6) submit substantial changes (including any increase of 
     more than 20 percent in the cost estimates for 
     implementation) to the management plan to the Secretary; and
       ``(7) for any year in which Federal funds have been 
     received under this title--
       ``(A) submit an annual report to the Secretary setting 
     forth the Association's accomplishments, expenses and income, 
     and the identity of each entity to which any loans and grants 
     were made during the year for which the report is made;
       ``(B) make available for audit all records pertaining to 
     the expenditure of such funds and any matching funds; and
       ``(C) require, for all agreements authorizing expenditure 
     of Federal funds by other organizations, that the receiving 
     organizations make available for audit all records pertaining 
     to the expenditure of such funds.

     ``SEC. 122. USE OF FEDERAL FUNDS.

       ``(a) In General.--The Association shall not use Federal 
     funds received under this title to acquire real property or 
     an interest in real property.
       ``(b) Other Sources.--Nothing in this title precludes the 
     Association from using Federal funds from other sources for 
     authorized purposes.

     ``SEC. 123. MANAGEMENT PLAN.

       ``(a) Preparation of Management Plan.--Not later than 2 
     years after the date that Federal funds are made available 
     for this purpose, the Association shall submit to the 
     Secretary for approval a proposed management plan that 
     shall--
       ``(1) take into consideration State and local plans and 
     involve residents, local governments and public agencies, and 
     private organizations in the corridor;
       ``(2) present comprehensive recommendations for the 
     corridor's conservation, funding, management, and 
     development;
       ``(3) include actions proposed to be undertaken by units of 
     government and nongovernmental and private organizations to 
     protect the resources of the corridor;
       ``(4) specify the existing and potential sources of funding 
     to protect, manage, and develop the corridor; and
       ``(5) include--
       ``(A) identification of the geographic boundaries of the 
     corridor;
       ``(B) a brief description and map of the corridor's overall 
     concept or vision that show key sites, visitor facilities and 
     attractions, and physical linkages;
       ``(C) identification of overall goals and the strategies 
     and tasks intended to reach them, and a realistic schedule 
     for completing the tasks;
       ``(D) a listing of the key resources and themes of the 
     corridor;
       ``(E) identification of parties proposed to be responsible 
     for carrying out the tasks;
       ``(F) a financial plan and other information on costs and 
     sources of funds;
       ``(G) a description of the public participation process 
     used in developing the plan and a proposal for public 
     participation in the implementation of the management plan;
       ``(H) a mechanism and schedule for updating the plan based 
     on actual progress;
       ``(I) a bibliography of documents used to develop the 
     management plan; and
       ``(J) a discussion of any other relevant issues relating to 
     the management plan.
       ``(b) Disqualification From Funding.--If a proposed 
     management plan is not submitted to the Secretary within 2 
     years after the date that Federal funds are made available 
     for this purpose, the Association shall be ineligible to 
     receive additional funds under this title until the Secretary 
     receives a proposed management plan from the Association.
       ``(c) Approval of Management Plan.--The Secretary shall 
     approve or disapprove a proposed management plan submitted 
     under this title not later than 180 days after receiving such 
     proposed management plan. If action is not taken by the 
     Secretary within the time period specified in the preceding 
     sentence, the management plan shall be deemed approved. The 
     Secretary shall consult with the local entities representing 
     the diverse interests of the corridor including governments, 
     natural and historic resource protection organizations, 
     educational institutions, businesses, recreational 
     organizations, community residents, and private property 
     owners prior to approving the management plan. The 
     Association shall conduct semi-annual public meetings, 
     workshops, and hearings to provide adequate opportunity for 
     the public and local and governmental entities to review and 
     to aid in the preparation and implementation of the 
     management plan.
       ``(d) Effect of Approval.--Upon the approval of the 
     management plan as provided in subsection (c), the management 
     plan shall supersede the conceptual plan contained in the 
     National Park Service report.
       ``(e) Action Following Disapproval.--If the Secretary 
     disapproves a proposed management plan within the time period 
     specified in subsection (c), the Secretary shall advise the 
     Association in writing of the reasons for the disapproval and 
     shall make recommendations for revisions to the proposed 
     management plan.
       ``(f) Approval of Amendments.--The Secretary shall review 
     and approve all substantial amendments (including any 
     increase of more than 20 percent in the cost estimates for 
     implementation) to the management plan. Funds made available 
     under this title may not be expended to implement any changes 
     made by a substantial amendment until the Secretary approves 
     that substantial amendment.

     ``SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 
                   AGENCIES.

       ``(a) Technical and Financial Assistance.--Upon the request 
     of the Association, the Secretary may provide technical 
     assistance, on a reimbursable or nonreimbursable basis, and 
     financial assistance to the Association to develop and 
     implement the management plan. The Secretary is authorized to 
     enter into cooperative agreements with the Association and 
     other public or private entities for this purpose. In 
     assisting the Association, the Secretary shall give priority 
     to actions that in general assist in--
       ``(1) conserving the significant natural, historic, 
     cultural, and scenic resources of the corridor; and
       ``(2) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the corridor.
       ``(b) Duties of Other Federal Agencies.--Any Federal agency 
     conducting or supporting activities directly affecting the 
     corridor shall--
       ``(1) consult with the Secretary and the Association with 
     respect to such activities;
       ``(2) cooperate with the Secretary and the Association in 
     carrying out their duties under this title;

[[Page 30268]]

       ``(3) to the maximum extent practicable, coordinate such 
     activities with the carrying out of such duties; and
       ``(4) to the maximum extent practicable, conduct or support 
     such activities in a manner which the Association determines 
     is not likely to have an adverse effect on the corridor.

     ``SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--To carry out this title there is 
     authorized to be appropriated $10,000,000, except that not 
     more than $1,000,000 may be appropriated to carry out this 
     title for any fiscal year.
       ``(b) 50 Percent Match.--The Federal share of the cost of 
     activities carried out using any assistance or grant under 
     this title shall not exceed 50 percent of that cost.

     ``SEC. 126. SUNSET.

       ``The authority of the Secretary to provide assistance 
     under this title terminates on the date that is 15 years 
     after the date of enactment of this section.''.

     SEC. 203. PRIVATE PROPERTY PROTECTION.

       The Illinois and Michigan Canal National Heritage Corridor 
     Act of 1984 is further amended by adding after section 126 
     (as added by section 402) the following new sections:

     ``SEC. 127. 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 
     corridor until the owner of that private property has been 
     notified in writing by the Association and has given written 
     consent for such preservation, conservation, or promotion to 
     the Association.
       ``(b) Landowner Withdrawal.--Any owner of private property 
     included within the boundary of the corridor, and not 
     notified under subsection (a), shall have their property 
     immediately removed from the boundary of the corridor by 
     submitting a written request to the Association.

     ``SEC. 128. PRIVATE PROPERTY PROTECTION.

       ``(a) Access to Private Property.--Nothing in this title 
     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 corridor 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 title shall be construed to modify the 
     authority of Federal, State, or local governments to regulate 
     land use.
       ``(d) Participation of Private Property Owners in 
     Corridor.--Nothing in this title shall be construed to 
     require the owner of any private property located within the 
     boundaries of the corridor to participate in or be associated 
     with the corridor.
       ``(e) Effect of Establishment.--The boundaries designated 
     for the corridor represent the area within which Federal 
     funds appropriated for the purpose of this title may be 
     expended. The establishment of the corridor and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory authority on land use within the corridor or its 
     viewshed by the Secretary, the National Park Service, or the 
     Association.''.

     SEC. 204. TECHNICAL AMENDMENTS.

       Section 116 of Illinois and Michigan Canal National 
     Heritage Corridor Act of 1984 is amended--
       (1) by striking subsection (b); and
       (2) in subsection (a)--
       (A) by striking ``(a)'' and all that follows through ``For 
     each'' and inserting ``(a) For each'';
       (B) by striking ``Commission'' and inserting 
     ``Association'';
       (C) by striking ``Commission's'' and inserting 
     ``Association's'';
       (D) by redesignating paragraph (2) as subsection (b); and
       (E) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively.

  Mr. POMBO (during the reading). Mr. Speaker, I ask unanimous consent 
that the amendment in the nature of a substitute be considered as read 
and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  Mr. KUCINICH. Mr. Speaker, I reserve the right to object.
  What is the amendment about? Can you read it?
  The SPEAKER pro tempore. Does the gentleman object to dispensing with 
the reading?
  Mr. KUCINICH. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Without objection, the amendment is 
considered as read.
  There was no objection.
  Mr. WELLER. Mr. Speaker, I rise today to express my support for H.R. 
2099. Among its provisions, H.R. 2099 reauthorizes the Illinois and 
Michigan (I&M) Canal National Heritage Corridor to receive 
appropriations and transfers management entity status from the federal, 
I&M Commission to the non-profit Canal Corridor Association. I would 
like to commend Chairman Pombo and the House Committee on Resources for 
their hard work on this important piece of legislation.
  The I&M Canal changed the nation in 1848 when it opened the first 
shipping route between New York and New Orleans, designating Chicago as 
the nation's greatest inland port. While the canal eventually fell into 
disuse due to new transportation methods and routes, in 1982, business 
and industry leaders founded the Canal Corridor Association to help 
revitalize the I&M Canal region, and in doing so, created a national 
model for regional partnership, conservation and renewal. I am proud to 
say that the I&M Canal National Heritage Corridor was America's charter 
National Heritage area, being created by an act of Congress in 1984. 
For 20 years, the federal I&M Commission has worked to carry out the 
mission of the I&M Canal National Heritage Corridor. Its efforts have 
been particularly successful during the past five years that Phyllis 
Ellin has provided strong leadership as the Executive Director of the 
Commission.
  Since 1984, the I&M Canal National Heritage Corridor has increasingly 
become an engine of economic growth in communities up and down the 
length of the Corridor; primarily through an increase in tourism but 
also in the use of the Corridor for recreational purposes. After 
consulting with local officials and those most interested and involved 
in the I&M Canal, it seems that the private sector approach offers more 
advantages to handle the increased work load brought on by the recent 
success of the canal and interest in heritage tourism.
  As a result, H.R. 2099 designates the Canal Corridor Association 
(CCA) as the new management entity of the I&M Canal National Heritage 
Corridor. The CCA seeks to enhance economic vitality by raising 
awareness of and expanding the parks, trails, landscapes, and historic 
sites that make the I&M Canal region a special place. They have also 
successfully implemented education programs and improved the cultural, 
environmental, historic and tourism resources that the canal offers.
  Under the leadership of the CCA, through their governance of the I&M 
Canal, will continue to successfully educate citizens of the nationally 
historical importance of the I&M Canal and to play a pivotal role in 
the continued economic redevelopment of the region.
  Once again, I would like to thank Chairman Pombo and the entire 
Resources committee for making sure this important legislation passes 
before we adjourn.
  Ms. McKINNEY. Mr. Speaker, I rise today to support a bill that is 
close to my heart as well as the hearts of many others in the 4th 
Congressional District of Georgia. That is, H.R. 2099, the Arabia 
Mountain National Heritage Area Act. It would establish Arabia Mountain 
as a National Heritage Area, a recognition that is long overdue.
  Arabia Mountain, a hidden treasure in its own right, is a place where 
natural, cultural, historic and recreational resources are intricately 
woven together to form an interconnected, nationally unique landscape. 
A true Georgia treasure--and an American one, too.
  Arabia Mountain spans 4,000 acres and three counties.
  Arabia Mountain is part of an area in eastern Metropolitan Atlanta 
that has been linked to human settlement and activity for thousands of 
years. This area not only includes the mountain, but also lakes, 
rivers, quarries, marked trails, and farmland in the surrounding area.
  The history of human settlement in this region is intimately 
connected to its geological resources, starting over 7,000 years ago 
with the quarrying and trading of soapstone. Not only is this home for 
deer, beavers, and other animals but a place where everyday people can 
find peace and get away from the hustle and bustle of urban sprawl and 
enjoy a piece of America's true beauty.
  Arabia Mountain is home to plants that only can be found on the 
mountain. Arabia Mountain is truly a national heritage area.
  Arabia Mountain is also a place where families can come together to 
take a hike, be a part of a class, and even enjoy a cookout. We are in 
the midst of a season that causes us to remember the most important 
things in our lives--family.
  Family, Mr. Speaker, is what Arabia Mountain is about. It is a place 
where you can watch the sunset with someone you love, photograph unique 
flora, discover Georgia's lizards with your child, or blowout her 
candles at a birthday party. I invite my colleagues on both sides of 
the aisle to vote yes on H.R.

[[Page 30269]]

2099, the Arabia Mountain National Heritage Area Act. Arabia Mountain 
is, indeed, a genuine American beauty.
  Finally, Mr. Speaker, I'd like to take this opportunity to thank 
Georgia Senators Saxby Chambliss and Johnny Isakson for their support; 
Georgia's Department of Natural Resources for its valuable input; my 
colleagues David Scott and Jim Marshall for cosponsoring this bill; and 
my staff for preparing this bill and helping it get to the Floor of the 
House today. I'd especially like to thank Congressman Pombo, Chairman 
of the House Resources Committee and his staff and Nick Rahall, its 
Ranking Member, and his staff, for their advice and counsel as this 
bill went through the legislative process in the House.
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________