I 
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 Representa-
tives 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 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. 
(c) 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 
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. 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 ‘‘man-
agement 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 ‘‘manage-
ment plan’’ means the management plan for the her-
itage 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 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) 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 en-
tity 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 
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 man-
agement of the heritage area and the goals of 
the management plan. 
(3) PUBLIC MEETINGS.—The management enti-
ty 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 property. 
(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. 5. 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, 
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 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 po-
tential 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 manage-
ment 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 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 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 enti-
ty 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 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 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. 7. EFFECT ON CERTAIN AUTHORITY. 
(a) OCCUPATIONAL, SAFETY, CONSERVATION, AND 
ENVIRONMENTAL REGULATION.—Nothing in this Act—
(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 
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 environ-
mental 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 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 
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 man-
agement 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 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 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 
National Park Service, or the management entity. 
SEC. 10. 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. 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.
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