[House Report 108-362]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-362

======================================================================



 
               ARABIA MOUNTAIN NATIONAL HERITAGE AREA ACT

                                _______
                                

 November 17, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1618]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1618) to establish the Arabia Mountain National Heritage 
Area in the State of Georgia, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. 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 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. 3. 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 
        4.
          (2) Management entity.--The term ``management 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. 4. 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. 5. 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 assisting units of government and nonprofit 
        organizations in preserving resources within the heritage area.
          (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. 6. 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. 7. 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. 8. 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 4(b) but for the establishment of the 
        heritage area by section 4; 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.
  (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. 9. 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. 10. 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. 11. 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. 12. 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1618 is to establish the Arabia 
Mountain National Heritage Area in the State of Georgia, and 
for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1618 would establish the Arabia Mountain National 
Heritage Area in the State of Georgia. H.R. 1618 designates the 
Arabia Mountain Heritage Area Alliance as the Area's management 
entity that shall develop and submit a management plan.
    Human settlement of the Lithonia region has always focused 
on the unique granite outcroppings that characterize the 
region's topography. Archeological evidence indicates that 
humans have long quarried the soapstone and granite 
outcroppings of this region from Native American settlements 
5000 years ago to modern quarrying facilities today. The 
proposed Heritage Area includes heavily quarried areas 
(Lithonia), pristine, never-quarried outcroppings (Panola 
Mountain), and areas where development coexists with natural 
beauty, characterized by endangered and beautiful species 
(Arabia Mountain). Thus, this Heritage Area would illustrate 
continuity of development as well as the consistent resource 
preservation and conservation of the region. By connecting the 
proposed Heritage Area's natural, cultural, and historical 
resources through rivers, greenways, and parks, this region 
will rapidly become a popular recreation area for residents of 
the fast-growing Metropolitan Atlanta area as well as visitors 
from outside the region.

                            COMMITTEE ACTION

    H.R. 1618 was introduced on April 3, 2003, by Congresswoman 
Denise Majette (D-GA). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation and Public Lands. On September 16, 
2003, the Subcommittee held a hearing on the bill. On October 
21, 2003, the Subcommittee met to mark up the bill. Congressman 
George Radanovich (R-CA) offered an amendment in the nature of 
a substitute to require that private landowners whose property 
is located within the boundary of the heritage area have their 
property excluded from within the boundary upon written request 
to the management entity. The amendment also required that 
owners of any private property located within the boundary of 
the heritage area be contacted in writing and provide written 
consent for such inclusion if their property is to be governed 
by the management plan for the heritage area. The amendment was 
agreed to by unanimous consent. The bill, as amended, was then 
forwarded to the Full Committee Resources by unanimous consent. 
On October 29, 2003, the Full Resources Committee met to 
consider the bill. Mr. Radanovich offered an amendment in the 
nature of a substitute to further refine the private property 
rights protections in the bill. The amendment was agreed to by 
unanimous consent. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8, and Article IV, section 3, of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to establish the Arabia Mountain 
National Heritage Area in the State of Georgia, and for other 
purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 7, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1618, the Arabia 
Mountain National Heritage Area Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 1618--Arabia Mountain National Heritage Area Act

    H.R. 1618 would establish the Arabia Mountain National 
Heritage Area (NHA) in DeKalb, Rockdale, and Henry counties in 
Georgia. The bill would designate the Arabia Mountain Heritage 
Area Alliance as the management entity for the proposed NHA. 
Under the bill, the Alliance would develop a management plan to 
identify, protect, and interpret cultural and other local 
resources. The Department of the Interior would provide 
technical and financial assistance to the Alliance to develop 
and implement the plan. For these purposes, the bill would 
authorize the appropriation of $10 million, not to exceed $1 
million annually.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 1618 would cost $10 million 
over the next 10 to 15 years. Such amounts would be used to 
cover a portion of the costs of establishing, operating, and 
interpreting the heritage area.
    H.R. 1618 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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