IB 

Union Calendar No. 212

108TH CONGRESS 

1ST SESSION H. R. 1618

[Report No. 108–362] 

To establish the Arabia Mountain National Heritage Area in the State of 

Georgia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2003

Ms. MAJETTE (for herself, Mr. LINDER, Mr. LEWIS of Georgia, Mr. BISHOP

of Georgia, Mr. GINGREY, Mr. ISAKSON, Mr. KINGSTON, Mr. MARSHALL, 

and Mr. SCOTT of Georgia) introduced the following bill; which was referred to the Committee on Resources 

NOVEMBER 17, 2003

Additional sponsor: Mr. COLLINS

NOVEMBER 17, 2003 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 3, 2003] 

A BILL

To establish the Arabia Mountain National Heritage Area 

in the State of Georgia, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1618 RH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Arabia Mountain Na3 tional Heritage Area Act’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) The Arabia Mountain area contains a vari7 ety of natural, cultural, historical, scenic, and rec8 reational resources that together represent distinctive 

9 aspects of the heritage of the United States that are 

10 worthy of recognition, conservation, interpretation, 

11 and continuing use. 

12 (2) The best methods for managing the resources 

13 of the Arabia Mountain area would be through part14 nerships between public and private entities that com15 bine diverse resources and active communities. 

16 (3) Davidson-Arabia Mountain Nature Preserve, 

17 a 535-acre park in DeKalb County, Georgia—

18 (A) protects granite outcrop ecosystems, 

19 wetland, and pine and oak forests; and 

20 (B) includes federally-protected plant spe21 cies. 

22 (4) Panola Mountain, a national natural land23 mark, located in the 860-acre Panola Mountain State 

24 Conservation Park, is a rare example of a pristine 

25 granite outcrop. 
3

•HR 1618 RH 

1 (5) The archaeological site at Miners Creek Pre2 serve along the South River contains documented evi3 dence of early human activity. 

4 (6) The city of Lithonia, Georgia, and related 

5 sites of Arabia Mountain and Stone Mountain possess 

6 sites that display the history of granite mining as an 

7 industry and culture in Georgia, and the impact of 

8 that industry on the United States. 

9 (7) The community of Klondike is eligible for 

10 designation as a National Historic District. 

11 (8) The city of Lithonia has 2 structures listed 

12 on the National Register of Historic Places. 

13 (b) PURPOSES.—The purposes of this Act are as fol14 lows: 

15 (1) To recognize, preserve, promote, interpret, 

16 and make available for the benefit of the public the 

17 natural, cultural, historical, scenic, and recreational 

18 resources in the area that includes Arabia Mountain, 

19 Panola Mountain, Miners Creek, and other signifi20 cant sites and communities. 

21 (2) To assist the State of Georgia and the coun22 ties of DeKalb, Rockdale, and Henry in the State in 

23 developing and implementing an integrated cultural, 

24 historical, and land resource management program to 
4

•HR 1618 RH 

1 protect, enhance, and interpret the significant re2 sources within the heritage area. 

3 SEC. 3. DEFINITIONS. 

4 For the purposes of this Act, the following definitions 

5 apply: 

6 (1) HERITAGE AREA.—The term ‘‘heritage area’’ 

7 means the Arabia Mountain National Heritage Area 

8 established by section 4. 

9 (2) MANAGEMENT ENTITY.—The term ‘‘manage10 ment entity’’ means the Arabia Mountain Heritage 

11 Area Alliance or a successor of the Arabia Mountain 

12 Heritage Area Alliance. 

13 (3) MANAGEMENT PLAN.—The term ‘‘manage14 ment plan’’ means the management plan for the her15 itage area developed under section 6. 

16 (4) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior. 

18 (5) STATE.—The term ‘‘State’’ means the State 

19 of Georgia. 

20 SEC. 4. ARABIA MOUNTAIN NATIONAL HERITAGE AREA. 

21 (a) ESTABLISHMENT.—There is established the Arabia 

22 Mountain National Heritage Area in the State. 

23 (b) BOUNDARIES.—The heritage area shall consist of 

24 certain parcels of land in the counties of DeKalb, Rockdale, 

25 and Henry in the State, as generally depicted on the map
5

•HR 1618 RH 

1 entitled ‘‘Arabia Mountain National Heritage Area’’, num2 bered AMNHA/80,000, and dated October, 2003. 

3 (c) AVAILABILITY OF MAP.—The map shall be on file 

4 and available for public inspection in the appropriate of5 fices of the National Park Service. 

6 (d) MANAGEMENT ENTITY.—The Arabia Mountain 

7 Heritage Area Alliance shall be the management entity for 

8 the heritage area. 

9 SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT 

10 ENTITY. 

11 (a) AUTHORITIES.—For purposes of developing and 

12 implementing the management plan, the management enti13 ty may—

14 (1) make grants to, and enter into cooperative 

15 agreements with, the State, political subdivisions of 

16 the State, and private organizations; 

17 (2) hire and compensate staff; and 

18 (3) enter into contracts for goods and services. 

19 (b) DUTIES.—

20 (1) MANAGEMENT PLAN.—

21 (A) IN GENERAL.—The management entity 

22 shall develop and submit to the Secretary the 

23 management plan. 

24 (B) CONSIDERATIONS.—In developing and 

25 implementing the management plan, the man-
6

•HR 1618 RH 

1 agement entity shall consider the interests of di2 verse governmental, business, and nonprofit 

3 groups within the heritage area. 

4 (2) PRIORITIES.—The management entity shall 

5 give priority to implementing actions described in the 

6 management plan, including assisting units of gov7 ernment and nonprofit organizations in preserving 

8 resources within the heritage area. 

9 (3) PUBLIC MEETINGS.—The management entity 

10 shall conduct public meetings at least quarterly on the 

11 implementation of the management plan. 

12 (4) ANNUAL REPORT.—For any year in which 

13 Federal funds have been made available under this 

14 Act, the management entity shall submit to the Sec15 retary an annual report that describes the following: 

16 (A) The accomplishments of the manage17 ment entity. 

18 (B) The expenses and income of the man19 agement entity. 

20 (5) AUDIT.—The management entity shall—

21 (A) make available to the Secretary for 

22 audit all records relating to the expenditure of 

23 Federal funds and any matching funds; and 

24 (B) require, with respect to all agreements 

25 authorizing expenditure of Federal funds by 
7

•HR 1618 RH 

1 other organizations, that the receiving organiza2 tions make available to the Secretary for audit 

3 all records concerning the expenditure of those 

4 funds. 

5 (c) USE OF FEDERAL FUNDS.—

6 (1) IN GENERAL.—The management entity shall 

7 not use Federal funds made available under this Act 

8 to acquire real property or an interest in real prop9 erty. 

10 (2) OTHER SOURCES.—Nothing in this Act pre11 cludes the management entity from using Federal 

12 funds made available under other Federal laws for 

13 any purpose for which the funds are authorized to be 

14 used. 

15 SEC. 6. MANAGEMENT PLAN. 

16 (a) IN GENERAL.—The management entity shall de17 velop a management plan for the heritage area that incor18 porates an integrated and cooperative approach to protect, 

19 interpret, and enhance the natural, cultural, historical, sce20 nic, and recreational resources of the heritage area. 

21 (b) BASIS.—The management plan shall be based on 

22 the preferred concept in the document entitled ‘‘Arabia 

23 Mountain National Heritage Area Feasibility Study’’, 

24 dated February 28, 2001. 
8

•HR 1618 RH 

1 (c) CONSIDERATION OF OTHER PLANS AND AC2 TIONS.—The management plan shall—

3 (1) take into consideration State and local plans; 

4 and 

5 (2) involve residents, public agencies, and pri6 vate organizations in the heritage area. 

7 (d) REQUIREMENTS.—The management plan shall in8 clude the following: 

9 (1) An inventory of the resources in the heritage 

10 area, including—

11 (A) a list of property in the heritage area 

12 that—

13 (i) relates to the purposes of the herit14 age area; and 

15 (ii) should be preserved, restored, man16 aged, or maintained because of the signifi17 cance of the property; and 

18 (B) an assessment of cultural landscapes 

19 within the heritage area. 

20 (2) Provisions for the protection, interpretation, 

21 and enjoyment of the resources of the heritage area 

22 consistent with the purposes of this Act. 

23 (3) An interpretation plan for the heritage area. 

24 (4) A program for implementation of the man25 agement plan that includes—
9

•HR 1618 RH 

1 (A) actions to be carried out by units of 

2 government, private organizations, and public3 private partnerships to protect the resources of 

4 the heritage area; and 

5 (B) the identification of existing and poten6 tial sources of funding for implementing the 

7 plan. 

8 (5) A description and evaluation of the manage9 ment entity, including the membership and organiza10 tional structure of the management entity. 

11 (e) SUBMISSION TO SECRETARY FOR APPROVAL.—

12 (1) IN GENERAL.—Not later than 3 years after 

13 the date of the enactment of this Act, the management 

14 entity shall submit the management plan to the Sec15 retary for approval. 

16 (2) EFFECT OF FAILURE TO SUBMIT.—If a man17 agement plan is not submitted to the Secretary by the 

18 date specified in paragraph (1), the Secretary shall 

19 not provide any additional funding under this Act 

20 until such date as a management plan for the herit21 age area is submitted to the Secretary. 

22 (f) APPROVAL AND DISAPPROVAL OF MANAGEMENT

23 PLAN.—

24 (1) IN GENERAL.—Not later than 90 days after 

25 receiving the management plan submitted under sub-
10

•HR 1618 RH 

1 section (e), the Secretary, in consultation with the 

2 State, shall approve or disapprove the management 

3 plan. 

4 (2) ACTION FOLLOWING DISAPPROVAL.—

5 (A) REVISION.—If the Secretary dis6 approves a management plan submitted under 

7 paragraph (1), the Secretary shall—

8 (i) advise the management entity in 

9 writing of the reasons for the disapproval; 

10 (ii) make recommendations for revi11 sions to the management plan; and 

12 (iii) allow the management entity to 

13 submit to the Secretary revisions to the 

14 management plan. 

15 (B) DEADLINE FOR APPROVAL OF REVI16 SION.—Not later than 90 days after the date on 

17 which a revision is submitted under subpara18 graph (A)(iii), the Secretary shall approve or 

19 disapprove the revision. 

20 (g) REVISION OF MANAGEMENT PLAN.—

21 (1) IN GENERAL.—After approval by the Sec22 retary of a management plan, the management entity 

23 shall periodically—

24 (A) review the management plan; and
11

•HR 1618 RH 

1 (B) submit to the Secretary, for review and 

2 approval by the Secretary, the recommendations 

3 of the management entity for any revisions to 

4 the management plan that the management enti5 ty considers to be appropriate. 

6 (2) EXPENDITURE OF FUNDS.—No funds made 

7 available under this Act shall be used to implement 

8 any revision proposed by the management entity 

9 under paragraph (1)(B) until the Secretary approves 

10 the revision. 

11 SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE. 

12 (a) IN GENERAL.—At the request of the management 

13 entity, the Secretary may provide technical and financial 

14 assistance to the heritage area to develop and implement 

15 the management plan. 

16 (b) PRIORITY.—In providing assistance under sub17 section (a), the Secretary shall give priority to actions that 

18 facilitate—

19 (1) the conservation of the significant natural, 

20 cultural, historical, scenic, and recreational resources 

21 that support the purposes of the heritage area; and 

22 (2) the provision of educational, interpretive, 

23 and recreational opportunities that are consistent 

24 with the resources and associated values of the herit25 age area. 
12

•HR 1618 RH 

1 SEC. 8. EFFECT ON CERTAIN AUTHORITY. 

2 (a) OCCUPATIONAL, SAFETY, CONSERVATION, AND EN3 VIRONMENTAL REGULATION.—Nothing in this Act—

4 (1) imposes an occupational, safety, conserva5 tion, or environmental regulation on the heritage area 

6 that is more stringent than the regulations that would 

7 be applicable to the land described in section 4(b) but 

8 for the establishment of the heritage area by section 

9 4; or 

10 (2) authorizes a Federal agency to promulgate 

11 an occupational, safety, conservation, or environ12 mental regulation for the heritage area that is more 

13 stringent than the regulations applicable to the land 

14 described in section 4(b) as of the date of enactment 

15 of this Act, solely as a result of the establishment of 

16 the heritage area by section 4. 

17 (b) LAND USE REGULATION.—Nothing in this Act—

18 (1) modifies, enlarges, or diminishes any author19 ity of the Federal Government or a State or local gov20 ernment to regulate any use of land as provided for 

21 by law (including regulations) in existence on the 

22 date of enactment of this Act; or 

23 (2) grants powers of zoning or land use to the 

24 management entity. 
13

•HR 1618 RH 

1 SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROP2 ERTY. 

3 (a) NOTIFICATION AND CONSENT OF PROPERTY OWN4 ERS REQUIRED.—No privately owned property shall be pre5 served, conserved, or promoted by the management plan for 

6 the Heritage Area until the owner of that private property 

7 has been notified in writing by the management entity and 

8 has given written consent for such preservation, conserva9 tion, or promotion to the management entity. 

10 (b) LANDOWNER WITHDRAW.—Any owner of private 

11 property included within the boundary of the Heritage Area 

12 shall have their property immediately removed from the 

13 boundary by submitting a written request to the manage14 ment entity. 

15 SEC. 10. PRIVATE PROPERTY PROTECTION. 

16 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in this 

17 Act shall be construed to—

18 (1) require any private property owner to allow 

19 public access (including Federal, State, or local gov20 ernment access) to such private property; or 

21 (2) modify any provision of Federal, State, or 

22 local law with regard to public access to or use of pri23 vate property. 

24 (b) LIABILITY.—Designation of the Heritage Area 

25 shall not be considered to create any liability, or to have 

26 any effect on any liability under any other law, of any pri-
14

•HR 1618 RH 

1 vate property owner with respect to any persons injured 

2 on such private property. 

3 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

4 USE.—Nothing in this Act shall be construed to modify the 

5 authority of Federal, State, or local governments to regulate 

6 land use. 

7 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

8 IN HERITAGE AREA.—Nothing in this Act shall be con9 strued to require the owner of any private property located 

10 within the boundaries of the Heritage Area to participate 

11 in or be associated with the Heritage Area. 

12 (e) EFFECT OF ESTABLISHMENT.—The boundaries 

13 designated for the Heritage Area represent the area within 

14 which Federal funds appropriated for the purpose of this 

15 Act may be expended. The establishment of the Heritage 

16 Area and its boundaries shall not be construed to provide 

17 any nonexisting regulatory authority on land use within 

18 the Heritage Area or its viewshed by the Secretary, the Na19 tional Park Service, or the management entity. 

20 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) IN GENERAL.—There is authorized to be appro22 priated to carry out this Act $10,000,000, to remain avail23 able until expended, of which not more than $1,000,000 

24 may be used in any fiscal year. 
15

•HR 1618 RH 

1 (b) FEDERAL SHARE.—The Federal share of the cost 

2 of any project or activity carried out using funds made 

3 available under this Act shall not exceed 50 percent. 

4 SEC. 12. TERMINATION OF AUTHORITY. 

5 The authority of the Secretary to make any grant or 

6 provide any assistance under this Act shall terminate on 

7 September 30, 2016.
Union Calendar No. 212

108TH CONGRESS 

1ST SESSION H. R. 1618

[Report No. 108–362] 

A BILL

To establish the Arabia Mountain National Heritage Area in the State of Georgia, and for other 

purposes. 

NOVEMBER 17, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed