S.Amdt. 1034Senate109th Congress (2005-2007)

S.Amdt. 1034

Submitted June 27, 2005

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Senate amendment submitted

June 27, 2005

Text

Submitted

SA 1034. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill H.R. 2361, making appropriations for the Department
of the Interior, environment, and related agencies for the fiscal year
ending September 30, 2006, and for other purposes; which was ordered to
lie on the table; as follows:

On page 263, after line 25, add the following:

TITLE VI--ARABIA MOUNTAIN NATIONAL HERITAGE AREA

SEC. 601. SHORT TITLE.

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

SEC. 602. 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. 603. DEFINITIONS.

For the purposes of this title, the following definitions
apply:
(1) Heritage area.--The term ``heritage area'' means the
Arabia Mountain National Heritage Area established by section
604.
(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 606.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Georgia.

[[Page S7441]]

SEC. 604. 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. 605. 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 title, 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 title to acquire real
property or an interest in real property.
(2) Other sources.--Nothing in this title 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. 606. 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 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 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 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 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 title shall be used to implement any revision proposed
by the management entity under paragraph (1)(B) until the
Secretary approves the revision.

SEC. 607. 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. 608. 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 604(b) but for the
establishment of the heritage area by section 604; 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
604(b) as of the date of enactment of this Act, solely as a
result of the establishment of the heritage area by section
604.
(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 management
entity.

SEC. 609. 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 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 title shall not exceed 50 percent.

SEC. 610. TERMINATION OF AUTHORITY.

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