Arabia Mountain National Heritage Area Act

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2099 Referred in Senate (RFS)]

109th CONGRESS
2d Session
H. R. 2099

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

December 19, 2005

Received

January 27, 2006

Read twice and referred to the Committee on Energy and Natural
Resources

_______________________________________________________________________

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.

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 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:
(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;
``(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.

Passed the House of Representatives December 19
(legislative day, December 18), 2005.

Attest:

KAREN L. HAAS,

Clerk.