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 re-
ferred 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Arabia Mountain Na-
tional Heritage Area Act’’. 
SEC. 2. 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 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 part-
nerships between public and private entities that com-
bine 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 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 Pre-
serve along the South River contains documented evi-
dence 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 Act 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 coun-
ties 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 re-
sources within the heritage area. 
SEC. 3. 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 4. 
(2) MANAGEMENT ENTITY.—The term ‘‘manage-
ment entity’’ means the Arabia Mountain 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. 4. 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’’, num-
bered 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) MANAGEMENT ENTITY.—The Arabia Mountain 
Heritage Area Alliance shall be the management entity for 
the heritage area. 
SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT 
ENTITY. 
(a) AUTHORITIES.—For purposes of developing and 
implementing the management plan, the management enti-
ty 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 man-
agement entity shall consider the interests of di-
verse 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 assisting units of gov-
ernment and nonprofit organizations in preserving 
resources within the heritage area. 
(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 Sec-
retary an annual report that describes the following: 
(A) The accomplishments of the manage-
ment entity. 
(B) The expenses and income of the man-
agement 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 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 management entity shall 
not use Federal funds made available under this Act 
to acquire real property or an interest in real prop-
erty. 
(2) OTHER SOURCES.—Nothing in this Act pre-
cludes 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. 6. MANAGEMENT PLAN. 
(a) IN GENERAL.—The management entity shall de-
velop a management plan for the heritage area that incor-
porates an integrated and cooperative approach to protect, 
interpret, and enhance the natural, cultural, historical, sce-
nic, 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 in-
clude 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 herit-
age area; and 
(ii) should be preserved, restored, man-
aged, or maintained because of the signifi-
cance 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 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 poten-
tial sources of funding for implementing the 
plan. 
(5) A description and evaluation of the manage-
ment entity, including the membership and organiza-
tional 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 Sec-
retary for approval. 
(2) EFFECT OF FAILURE TO SUBMIT.—If a man-
agement 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 herit-
age 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 sub-
section (e), the Secretary, in consultation with the 
State, shall approve or disapprove the management 
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 management entity in 
writing of the reasons for the disapproval; 
(ii) make recommendations for revi-
sions 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
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 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 enti-
ty 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. 7. 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 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. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROP-
ERTY. 
(a) NOTIFICATION AND CONSENT OF PROPERTY OWN-
ERS REQUIRED.—No privately owned property shall be pre-
served, 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, conserva-
tion, 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 manage-
ment entity. 
SEC. 10. 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 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 pri-
vate 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 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 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 
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 Na-
tional Park Service, or the management entity. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this Act $10,000,000, to remain avail-
able 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. 12. 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.
Union Calendar No. 212
108TH CONGRESS 
1ST SESSION 
H. R. 1618
[Report No. 108–362] 
A BILL 
To establish the Arabia Mountain National Herit-
age Area in the State of Georgia, and for other 
purposes. 
NOVEMBER 17, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed