II 

Calendar No. 10 

109TH CONGRESS 

1ST SESSION S. 200 

[Report No. 109-3] 

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

Georgia, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2005 

Mr. CHAMBLISS (for himself and Mr. ISAKSON) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

FEBRUARY 16, 2005 

Reported by Mr. DOMENICI, with an amendment 

[Omit the part struck through and insert the part printed in italic] 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Arabia Mountain Na5 tional Heritage Area Act’’. 
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1 SEC. 2. FINDINGS AND PURPOSES. 

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

3 (1) The Arabia Mountain area contains a vari4 ety of natural, cultural, historical, scenic, and rec5 reational resources that together represent distinc6 tive aspects of the heritage of the United States that 

7 are worthy of recognition, conservation, interpreta8 tion, and continuing use. 

9 (2) The best methods for managing the re10 sources of the Arabia Mountain area would be 

11 through partnerships between public and private en12 tities that combine diverse resources and active com13 munities. 

14 (3) Davidson-Arabia Mountain Nature Pre15 serve, a 535-acre park in DeKalb County, Georgia— 

16 (A) protects granite outcrop ecosystems, 

17 wetland, and pine and oak forests; and 

18 (B) includes federally-protected plant spe19 cies. 

20 (4) Panola Mountain, a national natural land21 mark, located in the 860-acre Panola Mountain 

22 State Conservation Park, is a rare example of a 

23 pristine granite outcrop. 

24 (5) The archaeological site at Miners Creek 

25 Preserve along the South River contains documented 

26 evidence of early human activity. 
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1 (6) The city of Lithonia, Georgia, and related 

2 sites of Arabia Mountain and Stone Mountain pos3 sess sites that display the history of granite mining 

4 as an industry and culture in Georgia, and the im5 pact of that industry on the United States. 

6 (7) The community of Klondike is eligible for 

7 designation as a National Historic District. 

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

9 on the National Register of Historic Places. 

10 (b) PURPOSES.—The purposes of this Act are as fol11 lows: 

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

13 and make available for the benefit of the public the 

14 natural, cultural, historical, scenic, and recreational 

15 resources in the area that includes Arabia Mountain, 

16 Panola Mountain, Miners Creek, and other signifi17 cant sites and communities. 

18 (2) To assist the State of Georgia and the 

19 counties of DeKalb, Rockdale, and Henry in the 

20 State in developing and implementing an integrated 

21 cultural, historical, and land resource management 

22 program to protect, enhance, and interpret the sig23 nificant resources within the heritage area. 
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1 SEC. 3. DEFINITIONS. 

2 For the purposes of this Act, the following definitions 

3 apply: 

4 (1) HERITAGE AREA.—The term ‘‘heritage 

5 area’’ means the Arabia Mountain National Heritage 

6 Area established by section 4. 

7 (2) MANAGEMENT ENTITY.—The term ‘‘man8 agement entity’’ means the Arabia Mountain Herit9 age Area Alliance or a successor of the Arabia 

10 Mountain Heritage Area Alliance. 

11 (3) MANAGEMENT PLAN.—The term ‘‘manage12 ment plan’’ means the management plan for the her13 itage area developed under section 6. 

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

15 the Secretary of the Interior. 

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

17 of Georgia. 

18 SEC. 4. ARABIA MOUNTAIN NATIONAL HERITAGE AREA. 

19 (a) ESTABLISHMENT.—There is established the Ara20 bia Mountain National Heritage Area in the State. 

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

22 certain parcels of land in the counties of DeKalb, 

23 Rockdale, and Henry in the State, as generally depicted 

24 on the map entitled ‘‘The Preferred Concept’’ contained 

25 in the document entitled ‘‘Arabia Mountain National Her26 itage Area Feasibility Study’’, dated February 28, 2001 
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1 on the map entitled ‘‘Arabia Mountain National Heritage 

2 Area’’, numbered 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 en13 tity 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-
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1 agement entity shall consider the interests of 

2 diverse 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 

6 the management plan, including the following: 

7 (A) Assisting units of government and 

8 nonprofit organizations in preserving resources 

9 within the heritage area. 

10 (B) Encouraging local governments to 

11 adopt land use policies consistent with the man12 agement of the heritage area and the goals of 

13 the management plan. 

14 (3) PUBLIC MEETINGS.—The management enti15 ty shall conduct public meetings at least quarterly 

16 on the implementation of the management plan. 

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

18 Federal funds have been made available under this 

19 Act, the management entity shall submit to the Sec20 retary an annual report that describes the following: 

21 (A) The accomplishments of the manage22 ment entity. 

23 (B) The expenses and income of the man24 agement entity. 

25 (5) AUDIT.—The management entity shall— 
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1 (A) make available to the Secretary for 

2 audit all records relating to the expenditure of 

3 Federal funds and any matching funds; and 

4 (B) require, with respect to all agreements 

5 authorizing expenditure of Federal funds by 

6 other organizations, that the receiving organiza7 tions make available to the Secretary for audit 

8 all records concerning the expenditure of those 

9 funds. 

10 (c) USE OF FEDERAL FUNDS.— 

11 (1) IN GENERAL.—The management entity 

12 shall not use Federal funds made available under 

13 this Act to acquire real property or an interest in 

14 real property. 

15 (2) OTHER SOURCES.—Nothing in this Act pre16 cludes the management entity from using Federal 

17 funds made available under other Federal laws for 

18 any purpose for which the funds are authorized to 

19 be used. 

20 SEC. 6. MANAGEMENT PLAN. 

21 (a) IN GENERAL.—The management entity shall de22 velop a management plan for the heritage area that incor23 porates an integrated and cooperative approach to protect, 

24 interpret, and enhance the natural, cultural, historical, 

25 scenic, and recreational resources of the heritage area. 
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1 (b) BASIS.—The management plan shall be based on 

2 the preferred concept in the document entitled ‘‘Arabia 

3 Mountain National Heritage Area Feasibility Study’’, 

4 dated February 28, 2001. 

5 (c) CONSIDERATION OF OTHER PLANS AND AC6 TIONS.—The management plan shall— 

7 (1) take into consideration State and local 

8 plans; and 

9 (2) involve residents, public agencies, and pri10 vate organizations in the heritage area. 

11 (d) REQUIREMENTS.—The management plan shall 

12 include the following: 

13 (1) An inventory of the resources in the herit14 age area, including— 

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

16 that— 

17 (i) relates to the purposes of the herit18 age area; and 

19 (ii) should be preserved, restored, 

20 managed, or maintained because of the sig21 nificance of the property; and 

22 (B) an assessment of cultural landscapes 

23 within the heritage area. 
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1 (2) Provisions for the protection, interpretation, 

2 and enjoyment of the resources of the heritage area 

3 consistent with the purposes of this Act. 

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

5 (4) A program for implementation of the man6 agement plan that includes— 

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

8 government, private organizations, and public9 private partnerships to protect the resources of 

10 the heritage area; and 

11 (B) the identification of existing and po12 tential sources of funding for implementing the 

13 plan. 

14 (5) A description and evaluation of the manage15 ment entity, including the membership and organiza16 tional structure of the management entity. 

17 (e) SUBMISSION TO SECRETARY FOR APPROVAL.— 

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

19 the date of the enactment of this Act, the manage20 ment entity shall submit the management plan to 

21 the Secretary for approval. 

22 (2) EFFECT OF FAILURE TO SUBMIT.—If a 

23 management plan is not submitted to the Secretary 

24 by the date specified in paragraph (1), the Secretary 

25 shall not provide any additional funding under this 
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1 Act until such date as a management plan for the 

2 heritage area is submitted to the Secretary. 

3 (f) APPROVAL AND DISAPPROVAL OF MANAGEMENT

4 PLAN.— 

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

6 receiving the management plan submitted under 

7 subsection (e), the Secretary, in consultation with 

8 the State, shall approve or disapprove the manage9 ment plan. 

10 (2) ACTION FOLLOWING DISAPPROVAL.— 

11 (A) REVISION.—If the Secretary dis12 approves a management plan submitted under 

13 paragraph (1), the Secretary shall— 

14 (i) advise the management entity in 

15 writing of the reasons for the disapproval; 

16 (ii) make recommendations for revi17 sions to the management plan; and 

18 (iii) allow the management entity to 

19 submit to the Secretary revisions to the 

20 management plan. 

21 (B) DEADLINE FOR APPROVAL OF REVI22 SION.—Not later than 90 days after the date on 

23 which a revision is submitted under subpara24 graph (A)(iii), the Secretary shall approve or 

25 disapprove the revision. 
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1 (g) REVISION OF MANAGEMENT PLAN.— 

2 (1) IN GENERAL.—After approval by the Sec3 retary of a management plan, the management enti4 ty shall periodically— 

5 (A) review the management plan; and 

6 (B) submit to the Secretary, for review 

7 and approval by the Secretary, the rec8 ommendations of the management entity for 

9 any revisions to the management plan that the 

10 management entity considers to be appropriate. 

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

12 available under this Act shall be used to implement 

13 any revision proposed by the management entity 

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

15 the revision. 

16 SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE. 

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

18 entity, the Secretary may provide technical and financial 

19 assistance to the heritage area to develop and implement 

20 the management plan. 

21 (b) PRIORITY.—In providing assistance under sub22 section (a), the Secretary shall give priority to actions that 

23 facilitate— 
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1 (1) the conservation of the significant natural, 

2 cultural, historical, scenic, and recreational resources 

3 that support the purposes of the heritage area; and 

4 (2) the provision of educational, interpretive, 

5 and recreational opportunities that are consistent 

6 with the resources and associated values of the herit7 age area. 

8 SEC. 8. EFFECT ON CERTAIN AUTHORITY. 

9 (a) OCCUPATIONAL, SAFETY, CONSERVATION, AND

10 ENVIRONMENTAL REGULATION.—Nothing in this Act— 

11 (1) imposes an occupational, safety, conserva12 tion, or environmental regulation on the heritage 

13 area that is more stringent than the regulations that 

14 would be applicable to the land described in section 

15 4(b) but for the establishment of the heritage area 

16 by section 4; or 

17 (2) authorizes a Federal agency to promulgate 

18 an occupational, safety, conservation, or environ19 mental regulation for the heritage area that is more 

20 stringent than the regulations applicable to the land 

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

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

23 of the heritage area by section 4. 

24 (b) LAND USE REGULATION.—Nothing in this Act— 
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1 (1) modifies, enlarges, or diminishes any au2 thority of the Federal Government or a State or 

3 local government to regulate any use of land as pro4 vided for by law (including regulations) in existence 

5 on the date of enactment of this Act; or 

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

7 management entity. 

8 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—There is authorized to be appro10 priated to carry out this Act $10,000,000, to remain avail11 able until expended, of which not more than $1,000,000 

12 may be used in any fiscal year. 

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

14 of any project or activity carried out using funds made 

15 available under this Act shall not exceed 50 percent. 

16 SEC. 10. TERMINATION OF AUTHORITY. 

17 The authority of the Secretary to make any grant or 

18 provide any assistance under this Act shall terminate on 

19 September 30, 2016. 
Calendar No. 10 

109TH CONGRESS 

1ST SESSION S. 200 

[Report No. 109-3] 

A BILL 

To establish the Arabia Mountain National Heritpurposes. age Area in the State of Georgia, and for other 

FEBRUARY 16, 2005 

Reported with an amendment