Arabia Mountain National Heritage Area Act - Establishes the Arabia Mountain National Heritage Area in Georgia and provides for a management plan.
Prohibits using Federal funds made available under this Act to acquire real property or an interest in real property.
Requires the management plan to provide for the protection, enhancement, and interpretation of the natural, cultural, historical, scenic, and recreational resources of the Area. Requires the plan to be based on the preferred concept in the document entitled "Arabia Mountain National Heritage Area Feasibility Study" (February 28, 2001).
Authorizes the Secretary to provide financial and technical assistance to the Area to develop and implement the plan.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2297 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2297
To establish the Arabia Mountain National Heritage Area, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2005
Ms. McKinney introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
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,
SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.
(a) Short Title.--This Act may be cited as the ``Arabia Mountain
National Heritage Area Act''.
(b) Findings.--Congress finds the following:
(1) The Arabia Mountain area contains a variety of natural,
cultural, historical, scenic, and recreational resources that
together represent distinctive aspects of the heritage of the
United States that are worthy of recognition, conservation,
interpretation, and continuing use.
(2) The best methods for managing the resources of the
Arabia Mountain area would be through partnerships between
public and private entities that combine diverse resources and
active communities.
(3) Davidson-Arabia Mountain Nature Preserve, a 535-acre
park in DeKalb County, Georgia--
(A) protects granite outcrop ecosystems, wetland,
and pine and oak forests; and
(B) includes federally-protected plant species.
(4) Panola Mountain, a national natural landmark, located
in the 860-acre Panola Mountain State Conservation Park, is a
rare example of a pristine granite outcrop.
(5) The archaeological site at Miners Creek Preserve along
the South River contains documented evidence of early human
activity.
(6) The city of Lithonia, Georgia, and related sites of
Arabia Mountain and Stone Mountain possess sites that display
the history of granite mining as an industry and culture in
Georgia, and the impact of that industry on the United States.
(7) The community of Klondike is eligible for designation
as a National Historic District.
(8) The city of Lithonia has 2 structures listed on the
National Register of Historic Places.
(c) Purposes.--The purposes of this Act are as follows:
(1) To recognize, preserve, promote, interpret, and make
available for the benefit of the public the natural, cultural,
historical, scenic, and recreational resources in the area that
includes Arabia Mountain, Panola Mountain, Miners Creek, and
other significant sites and communities.
(2) To assist the State of Georgia and the counties of
DeKalb, Rockdale, and Henry in the State in developing and
implementing an integrated cultural, historical, and land
resource management program to protect, enhance, and interpret
the significant resources within the heritage area.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Heritage area.--The term ``heritage area'' means the
Arabia Mountain National Heritage Area established by section
3.
(2) Management entity.--The term ``management entity''
means the DeKalb County Parks and Recreation Department or a
successor of the DeKalb County Parks and Recreation Department.
(3) Management plan.--The term ``management plan'' means
the management plan for the heritage area developed under
section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Georgia.
SEC. 3. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Arabia Mountain
National Heritage Area in the State.
(b) Boundaries.--The heritage area shall consist of certain parcels
of land in the counties of DeKalb, Rockdale, and Henry in the State, as
generally depicted on the map entitled ``Arabia Mountain National
Heritage Area'', numbered AMNHA/80,000, and dated October, 2003.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Management Entity.--The Arabia Mountain Heritage Area Alliance
shall be the management entity for the heritage area.
SEC. 4. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of developing and implementing the
management plan, the management entity may--
(1) make grants to, and enter into cooperative agreements
with, the State, political subdivisions of the State, and
private organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--
(1) Management plan.--
(A) In general.--The management entity shall
develop and submit to the Secretary the management
plan.
(B) Considerations.--In developing and implementing
the management plan, the management entity shall
consider the interests of diverse governmental,
business, and nonprofit groups within the heritage
area.
(2) Priorities.--The management entity shall give priority
to implementing actions described in the management plan,
including the following:
(A) Assisting units of government and nonprofit
organizations in preserving resources within the
heritage area.
(B) Encouraging local governments to adopt land use
policies consistent with the management of the heritage
area and the goals of the management plan.
(3) Public meetings.--The management entity shall conduct
public meetings at least quarterly on the implementation of the
management plan.
(4) Annual report.--For any year in which Federal funds
have been made available under this Act, the management entity
shall submit to the Secretary an annual report that describes
the following:
(A) The accomplishments of the management entity.
(B) The expenses and income of the management
entity.
(5) Audit.--The management entity shall--
(A) make available to the Secretary for audit all
records relating to the expenditure of Federal funds
and any matching funds; and
(B) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of those funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use
Federal funds made available under this Act to acquire real
property or an interest in real property.
(2) Other sources.--Nothing in this Act precludes the
management entity from using Federal funds made available under
other Federal laws for any purpose for which the funds are
authorized to be used.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--The management entity shall develop a management
plan for the heritage area that incorporates an integrated and
cooperative approach to protect, interpret, and enhance the natural,
cultural, historical, scenic, and recreational resources of the
heritage area.
(b) Basis.--The management plan shall be based on the preferred
concept in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study'', dated February 28, 2001.
(c) Consideration of Other Plans and Actions.--The management plan
shall--
(1) take into consideration State and local plans; and
(2) involve residents, public agencies, and private
organizations in the heritage area.
(d) Requirements.--The management plan shall include the following:
(1) An inventory of the resources in the heritage area,
including--
(A) a list of property in the heritage area that--
(i) relates to the purposes of the heritage
area; and
(ii) should be preserved, restored,
managed, or maintained because of the
significance of the property; and
(B) an assessment of cultural landscapes within the
heritage area.
(2) Provisions for the protection, interpretation, and
enjoyment of the resources of the heritage area consistent with
the purposes of this Act.
(3) An interpretation plan for the heritage area.
(4) A program for implementation of the management plan
that includes--
(A) actions to be carried out by units of
government, private organizations, and public-private
partnerships to protect the resources of the heritage
area; and
(B) the identification of existing and potential
sources of funding for implementing the plan.
(5) A description and evaluation of the management entity,
including the membership and organizational structure of the
management entity.
(e) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the management entity shall submit
the management plan to the Secretary for approval.
(2) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this Act until such date as a management plan for
the heritage area is submitted to the Secretary.
(f) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (e), the Secretary,
in consultation with the State, shall approve or disapprove the
management plan.
(2) Action following disapproval.--
(A) Revision.--If the Secretary disapproves a
management plan submitted under paragraph (1), the
Secretary shall--
(i) advise the management entity in writing
of the reasons for the disapproval;
(ii) make recommendations for revisions to
the management plan; and
(iii) allow the management entity to submit
to the Secretary revisions to the management
plan.
(B) Deadline for approval of revision.--Not later
than 90 days after the date on which a revision is
submitted under subparagraph (A)(iii), the Secretary
shall approve or disapprove the revision.
(g) Revision of Management Plan.--
(1) In general.--After approval by the Secretary of a
management plan, the management entity shall periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval by the Secretary, the recommendations of the
management entity for any revisions to the management
plan that the management entity considers to be
appropriate.
(2) Expenditure of funds.--No funds made available under
this Act shall be used to implement any revision proposed by
the management entity under paragraph (1)(B) until the
Secretary approves the revision.
SEC. 6. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--At the request of the management entity, the
Secretary may provide technical and financial assistance to the
heritage area to develop and implement the management plan.
(b) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority to actions that facilitate--
(1) the conservation of the significant natural, cultural,
historical, scenic, and recreational resources that support the
purposes of the heritage area; and
(2) the provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources and associated values of the heritage area.
SEC. 7. EFFECT ON CERTAIN AUTHORITY.
(a) Occupational, Safety, Conservation, and Environmental
Regulation.--Nothing in this Act--
(1) imposes an occupational, safety, conservation, or
environmental regulation on the heritage area that is more
stringent than the regulations that would be applicable to the
land described in section 3(b) but for the establishment of the
heritage area by section 3; or
(2) authorizes a Federal agency to promulgate an
occupational, safety, conservation, or environmental regulation
for the heritage area that is more stringent than the
regulations applicable to the land described in section 3(b) as
of the date of enactment of this Act, solely as a result of the
establishment of the heritage area by section 3.
(b) Land Use Regulation.--Nothing in this Act--
(1) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate
any use of land as provided for by law (including regulations)
in existence on the date of enactment of this Act; or
(2) grants powers of zoning or land use to the management
entity.
SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.
SEC. 9. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act shall be
construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority to Control Land Use.--Nothing in this
Act shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds
appropriated for the purpose of this Act may be expended. The
establishment of the Heritage Area and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Area or its viewshed by the Secretary, the National
Park Service, or the management entity.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, to remain available until expended, of which
not more than $1,000,000 may be used in any fiscal year.
(b) Federal Share.--The Federal share of the cost of any project or
activity carried out using funds made available under this Act shall
not exceed 50 percent.
SEC. 11. TERMINATION OF AUTHORITY.
The authority of the Secretary to make any grant or provide any
assistance under this Act shall terminate on September 30, 2016.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on National Parks.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line