109th CONGRESS
1st Session
H. R. 2099
AN ACT
To establish the Arabia Mountain National Heritage Area, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
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.
(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.
(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 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 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:
(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.
`(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
`(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;
`(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
(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.
Passed the House of Representatives December 19 (legislative day, December
18), 2005.
Attest:
Clerk.
109th CONGRESS
1st Session
H. R. 2099
AN ACT
To establish the Arabia Mountain National Heritage Area, and for other
purposes.
END
