109TH CONGRESS 
1ST SESSION H. R. 2099
AN ACT 
To establish the Arabia Mountain National Heritage Area, 
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 Na-
tional Heritage Area Act’’. 
SEC. 102. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) The Arabia Mountain area contains a vari-
ety of natural, cultural, historical, scenic, and rec-
reational resources that together represent distinc-
tive aspects of the heritage of the United States that 
are worthy of recognition, conservation, interpreta-
tion, and continuing use. 
(2) The best methods for managing the re-
sources of the Arabia Mountain area would be 
through partnerships between public and private en-
tities that combine diverse resources and active com-
munities. 
(3) Davidson-Arabia Mountain Nature Pre-
serve, 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 spe-
cies.
(4) Panola Mountain, a national natural land-
mark, 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 pos-
sess sites that display the history of granite mining 
as an industry and culture in Georgia, and the im-
pact 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 fol-
lows: 
(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 signifi-
cant 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 sig-
nificant 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 Moun-
tain Heritage Area Alliance or a successor of the 
Arabia Mountain Heritage Area Alliance. 
(3) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the her-
itage 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 Ara-
bia 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 of-
fices of the National Park Service. 
(d) LOCAL COORDINATING ENTITY.—The Arabia 
Mountain Heritage Area Alliance shall be the local coordi-
nating entity for the heritage area. 
SEC. 105. AUTHORITIES AND DUTIES OF THE LOCAL CO-
ORDINATING 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 non-
profit 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 man-
agement of the heritage area and the goals of 
the management plan. 
(3) PUBLIC MEETINGS.—The local coordinating 
entity shall conduct public meetings at least quar-
terly 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 fol-
lowing: 
(A) The accomplishments of the local co-
ordinating 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 organiza-
tions 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 author-
ized to be used. 
SEC. 106. MANAGEMENT PLAN. 
(a) IN GENERAL.—The local coordinating entity shall 
develop a management plan for the heritage area that in-
corporates an integrated and cooperative approach to pro-
tect, interpret, and enhance the natural, cultural, histor-
ical, 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 AC-
TIONS.—The management plan shall—
(1) take into consideration State and local 
plans; and 
(2) involve residents, public agencies, and pri-
vate organizations in the heritage area. 
(d) REQUIREMENTS.—The management plan shall 
include the following: 
(1) An inventory of the resources in the herit-
age area, including—
(A) a list of property in the heritage area 
that—
(i) relates to the purposes of the herit-
age area; and 
(ii) should be preserved, restored, 
managed, or maintained because of the sig-
nificance 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 man-
agement 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 po-
tential sources of funding for implementing the 
plan. 
(5) A description and evaluation of the local co-
ordinating entity, including the membership and or-
ganizational structure of the local coordinating enti-
ty. 
(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 sub-
mit the management plan to the Secretary for ap-
proval. 
(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 manage-
ment plan. 
(2) ACTION FOLLOWING DISAPPROVAL.—
(A) REVISION.—If the Secretary dis-
approves a management plan submitted under 
paragraph (1), the Secretary shall—
(i) advise the local coordinating entity 
in writing of the reasons for the dis-
approval;
(ii) make recommendations for revi-
sions 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 REVI-
SION.—Not later than 90 days after the date on 
which a revision is submitted under subpara-
graph (A)(iii), the Secretary shall approve or 
disapprove the revision. 
(g) REVISION OF MANAGEMENT PLAN.—
(1) IN GENERAL.—After approval by the Sec-
retary 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 rec-
ommendations of the local coordinating entity 
for any revisions to the management plan that 
the local coordinating entity considers to be ap-
propriate. 
(2) EXPENDITURE OF FUNDS.—No funds made 
available under this title shall be used to implement 
any revision proposed by the local coordinating enti-
ty under paragraph (1)(B) until the Secretary ap-
proves the revision. 
SEC. 107. TECHNICAL AND FINANCIAL ASSISTANCE. 
(a) IN GENERAL.—At the request of the local coordi-
nating entity, the Secretary may provide technical and fi-
nancial assistance to the heritage area to develop and im-
plement the management plan. 
(b) PRIORITY.—In providing assistance under sub-
section (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 herit-
age area. 
SEC. 108. EFFECT ON CERTAIN AUTHORITY. 
(a) OCCUPATIONAL, SAFETY, CONSERVATION, AND 
ENVIRONMENTAL REGULATION.—Nothing in this title—
(1) imposes an occupational, safety, conserva-
tion, 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 environ-
mental 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 au-
thority of the Federal Government or a State or 
local government to regulate any use of land as pro-
vided 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 appro-
priated 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 man-
agement 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 gov-
ernment 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 pri-
vate 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 con-
strued 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 MICHI-
GAN CANAL NATIONAL HERIT-
AGE CORRIDOR ACT AMEND-
MENTS 
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 pe-
riod 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 sec-
tion 501(a) of such Code).’’. 
(2) By adding at the end of section 112 the fol-
lowing new paragraph: 
‘‘(7) The Secretary shall enter into a memo-
randum of understanding with the Association to 
help ensure appropriate transition of the local co-
ordinating entity to the Association and coordination 
with the Association regarding that role.’’. 
(3) By adding at the end the following new sec-
tions: 
‘‘SEC. 119. ASSOCIATION AS LOCAL COORDINATING ENTITY. 
‘‘Upon the termination of the Commission, the local 
coordinating entity for the corridor shall be the Associa-
tion. 
‘‘SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION. 
‘‘For purposes of preparing and implementing the 
management plan developed under section 121, the Asso-
ciation 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 serv-
ices. 
‘‘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 inter-
pretive 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 ar-
chitectural resources and sites in the corridor; 
and 
‘‘(E) in facilitating the restoration of any 
historic building relating to the themes of the 
corridor;