I
104TH CONGRESS
1ST SESSION
H. R. 1999
To establish the Augusta Canal National Heritage Area in the State of
Georgia, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 10, 1995
Mr. NORWOOD introduced the following bill; which was referred to the
Committee on Resources
A BILL
To establish the Augusta Canal 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. FINDINGS.
The Congress finds that—
(1) the Augusta Canal National Landmark in
the State of Georgia, listed on the National Historic
Register of Historic Places, and designated by the
Governor of Georgia as one of four regionally impor-
tant resources in the State, is one of the last un-
spoiled areas in the State of Georgia;
(2) the Augusta Canal National Historic Land-
mark possesses excellent water quality, beautiful
rural and historic cultural landscapes, architecturally
significant mill structures and mill villages, and
large acreages of parks and permanent open space;
(3) three national historic districts, the Harris-
burg, Laney Walker, and Greene Street districts,
and two national historic landmarks, Stallings Is-
land, located in the Savannah River, and Meadow
Garden, are connected by the Augusta Canal Area;
(4) the beautiful rural landscapes and historic
cultural landscapes, scenic vistas and excellent water
quality of the Augusta Canal contain significant un-
developed recreational opportunities for people
throughout the United States;
(5) the Augusta Canal and related mill sites,
structures, and associated neighborhoods are rep-
resentative of the development of the cotton textile
industry and associated agriculture and trade in the
South;
(6) the transformation of the agrarian economy
of the area into an early industrial economy was
precipitated by the development and use of the Au-
gusta Canal;
(7) several significant sites associated with the
American Revolution, the Civil War, Native Ameri-
cans, Colonial Americans, African Americans, Chi-
nese Americans, and Irish Americans are located
within the Augusta Canal area;
(8) despite the efforts by the State of Georgia,
political subdivisions of the State, volunteer organi-
zations, and private businesses, the cultural, histori-
cal, natural, and recreational resources of the area
have not realized full potential and may be lost with-
out assistance from the Federal Government;
(9) the Secretary of the Interior considers this
landmark to be threatened and has designated it a
priority for protection;
(10) many local, regional, and State agencies,
businesses, and private citizens have expressed an
overwhelming desire to combine forces to work coop-
eratively to preserve and enhance the resources of
the Augusta Canal National Historic Landmark and
better plan for its future; and
(11) the Augusta Canal Authority, a public
body established under the law of the State of Geor-
gia, would be an appropriate management entity for
a National Heritage Area established in the area of
the Augusta Canal.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide a cooperative
management framework to assist the State of Georgia, its
units of local government, and area citizens in retaining,
enhancing, and interpreting the significant features of the
lands, water, and structures of the Augusta Canal, in a
manner that is consistent with positive economic impact
and development for the benefit and inspiration of present
and future generations in the State of Georgia and the
United States.
SEC. 3. ESTABLISHMENT OF AUGUSTA CANAL NATIONAL
HERITAGE AREA.
(a) ESTABLISHMENT.—There is established in the
State of Georgia the Augusta Canal National Heritage
Area (referred to in this Act as the ‘‘Heritage Area’’).
(b) BOUNDARIES.—
(1) IN GENERAL.—The Heritage Area shall in-
clude the land generally depicted on the map entitled
‘‘The Augusta Canal’’, numbered AUCA–80,000,
and dated August 1994, which shall be on file and
available for public inspection in the Office of the
Director of the National Park Service, Washington,
D.C.
(2) LEGAL
DESCRIPTION.—As soon as prac-
ticable after the date of enactment of this Act, the
Secretary of the Interior (referred to in this Act as
the ‘‘Secretary’’) shall prepare and place on file with
the map described in paragraph (1) a legal descrip-
tion of the boundaries of the Heritage Area.
SEC. 4. MANAGEMENT.
The Secretary, acting through the Director of the Na-
tional Park Service, shall enter into a cooperative agree-
ment with the Augusta Canal Authority, a public body es-
tablished under the law of the State of Georgia, providing
for the management of the Heritage Area by the Augusta
Canal Authority under terms and conditions stated in the
cooperative agreement. The Secretary shall consult with
the Augusta Canal Authority before carrying out any man-
agement authority with respect to the Heritage Area
which is not provided for by the cooperative agreement.
SEC. 5. MANAGEMENT PLAN.
(a) PREPARATION OF PLAN.—Not later than one
year after the date of enactment of this Act, the Augusta
Canal Authority shall prepare and submit to the Secretary
for review and approval a plan for the management and
administration of the Heritage Area.
(b) CONTENTS.—The plan shall be based on Federal,
State, and local plans in existence on the date of enact-
ment of this Act, including the Augusta Canal Master
Plan. The Augusta Canal Authority shall coordinate and
combine such plans and present an integrated and cooper-
ative approach for the protection, enhancement, and inter-
pretation of the cultural, natural, scenic, and recreational
resources of the Heritage Area.
(c) ASSISTANCE.—The Secretary may provide tech-
nical and financial assistance in the preparation of the
management plan.
(d) APPROVAL.—
(1) IN
GENERAL.—Not later than 180 days
after receipt of the plan submitted under subsection
(a), the Secretary shall approve or disapprove the
plan.
(2) CRITERIA.—In determining whether to ap-
prove a plan, the Secretary shall consider—
(A) whether the planning area has strong
local support for the study from a diversity of
landowners, business interests, nonprofit orga-
nizations, and governments within the proposed
study area;
(B) whether the proposal is consistent with
and complements continued economic activity in
the area;
(C) whether the planning area has a high
potential for effective partnership mechanisms;
(D) whether the plan improperly infringes
on private property rights; and
(E) whether the plan will take appropriate
action to ensure private property rights are ob-
served.
(3) DISAPPROVAL.—
(A) IN
GENERAL.—If the Secretary dis-
approves the management plan, the Secretary
shall notify the Augusta Canal Authority of the
disapproval in writing.
(B) CONTENTS.—A notification under sub-
paragraph (A) shall include—
(i) the reasons for the disapproval;
and
(ii) recommendations for revision.
(C) REVISED PLAN.—The Augusta Canal
Authority shall revise and resubmit the man-
agement plan to the Secretary for approval. Not
later than 180 days after receipt of the revised
plan, the Secretary shall approve or disapprove
the plan as provided in paragraph (2). The Au-
gusta Canal Authority shall revise and submit
the management plan until the management
plan is approved by the Secretary.
(e) IMPLEMENTATION.—
(1) IN GENERAL.—Upon approval of the man-
agement plan as provided in subsection (d), the Sec-
retary, in conjunction with the Augusta Canal Au-
thority, shall take appropriate steps to implement
the management plan.
(2) COOPERATIVE
AGREEMENTS.—The Sec-
retary is authorized to enter into cooperative agree-
ments with the State of Georgia, political subdivi-
sions of the State, the Augusta Canal Authority, or
any organization or individual to implement the
management plan.
(f) ECONOMIC DEVELOPMENT.—It is the sense of
Congress that the Augusta Canal Authority, the State of
Georgia, and the city of Augusta and other political sub-
divisions of the State of Georgia should encourage, by ap-
propriate means, enhanced economic and industrial devel-
opment in the area consistent with the goals of the Au-
gusta Canal Master Plan.
SEC. 6. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activi-
ties directly affecting the Heritage Area shall—
(1) consult with the Secretary and the Augusta
Canal Authority with respect to such activities;
(2) cooperate with the Secretary and the Au-
gusta Canal Authority with respect to such activi-
ties;
(3) coordinate such activities with the Secretary
and the Augusta Canal Authority; and
(4) conduct or support such activities in a man-
ner that the Secretary and the Augusta Canal Au-
thority determine will not have an adverse effect on
the Heritage Area.
SEC. 7. ACQUISITION OF REAL PROPERTY.
The Augusta Canal Authority may not use any Fed-
eral funds that it may receive pursuant to this Act to ac-
quire real property or an interest in real property.
SEC. 8. OCCUPATIONAL, SAFETY, CONSERVATION, AND EN-
VIRONMENTAL REGULATION.
Nothing in this Act shall be construed to—
(1) impose any occupational, safety, conserva-
tion, or environmental regulation on the Heritage
Area that is more stringent than the regulations
that would be applicable to the Heritage Area but
for the establishment of the Heritage Area under
section 3; or
(2) authorize any 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 Her-
itage Area in existence on the date of enactment of
this Act, solely as a result of the establishment of
the Heritage Area under section 3.
SEC. 9. LAND USE REGULATION.
Nothing in this Act shall be construed to—
(1) modify, enlarge, or diminish any authority
of Federal, State, and local governments to regulate
any use of land as provided for by current law or
regulation; or
(2) grant powers of zoning or land use to the
Augusta Canal Authority.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this Act.
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