[House Report 108-362]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-362
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ARABIA MOUNTAIN NATIONAL HERITAGE AREA ACT
_______
November 17, 2003.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 1618]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1618) to establish the Arabia Mountain National Heritage
Area in the State of Georgia, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arabia Mountain National Heritage
Area Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Arabia Mountain area contains a variety of natural,
cultural, historical, scenic, and recreational 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 partnerships between public and
private entities that combine 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 species.
(4) Panola Mountain, a national natural landmark, 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 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 follows:
(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 significant 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 significant resources 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 ``management entity'' means
the Arabia Mountain Heritage Area Alliance or a successor of
the Arabia Mountain Heritage Area Alliance.
(3) Management plan.--The term ``management plan'' means the
management plan for the heritage 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'', 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 offices 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 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 management entity shall develop
and submit to the Secretary the management plan.
(B) Considerations.--In developing and implementing
the management plan, the management 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 assisting units of government 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 Secretary an annual report that describes the
following:
(A) The accomplishments of the management entity.
(B) The expenses and income of the management 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 organizations 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 precludes 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 develop a management
plan for the heritage area that incorporates 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 Actions.--The management plan
shall--
(1) take into consideration State and local plans; and
(2) involve residents, public agencies, and private
organizations in the heritage area.
(d) Requirements.--The management plan shall include 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 heritage
area; and
(ii) should be preserved, restored, managed,
or maintained because of the significance 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 management 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 potential
sources of funding for implementing the plan.
(5) A description and evaluation of the management entity,
including the membership and organizational 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 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
management plan.
(2) Action following disapproval.--
(A) Revision.--If the Secretary disapproves 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 revisions 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 revision.--Not later
than 90 days after the date on which a revision is
submitted under subparagraph (A)(iii), the Secretary
shall approve or disapprove the revision.
(g) Revision of Management Plan.--
(1) In general.--After approval by the Secretary 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 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. 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 subsection (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 heritage area.
SEC. 8. EFFECT ON CERTAIN AUTHORITY.
(a) Occupational, Safety, Conservation, and Environmental
Regulation.--Nothing in this Act--
(1) imposes an occupational, safety, conservation, 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; or
(2) authorizes a Federal agency to promulgate an
occupational, safety, conservation, or environmental 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.
(b) Land Use Regulation.--Nothing in this Act--
(1) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate
any use of land as provided 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. 9. 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 management 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 government 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 private 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 construed 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. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry out
this Act $10,000,000, to remain available 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.
PURPOSE OF THE BILL
The purpose of H.R. 1618 is to establish the Arabia
Mountain National Heritage Area in the State of Georgia, and
for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 1618 would establish the Arabia Mountain National
Heritage Area in the State of Georgia. H.R. 1618 designates the
Arabia Mountain Heritage Area Alliance as the Area's management
entity that shall develop and submit a management plan.
Human settlement of the Lithonia region has always focused
on the unique granite outcroppings that characterize the
region's topography. Archeological evidence indicates that
humans have long quarried the soapstone and granite
outcroppings of this region from Native American settlements
5000 years ago to modern quarrying facilities today. The
proposed Heritage Area includes heavily quarried areas
(Lithonia), pristine, never-quarried outcroppings (Panola
Mountain), and areas where development coexists with natural
beauty, characterized by endangered and beautiful species
(Arabia Mountain). Thus, this Heritage Area would illustrate
continuity of development as well as the consistent resource
preservation and conservation of the region. By connecting the
proposed Heritage Area's natural, cultural, and historical
resources through rivers, greenways, and parks, this region
will rapidly become a popular recreation area for residents of
the fast-growing Metropolitan Atlanta area as well as visitors
from outside the region.
COMMITTEE ACTION
H.R. 1618 was introduced on April 3, 2003, by Congresswoman
Denise Majette (D-GA). The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
National Parks, Recreation and Public Lands. On September 16,
2003, the Subcommittee held a hearing on the bill. On October
21, 2003, the Subcommittee met to mark up the bill. Congressman
George Radanovich (R-CA) offered an amendment in the nature of
a substitute to require that private landowners whose property
is located within the boundary of the heritage area have their
property excluded from within the boundary upon written request
to the management entity. The amendment also required that
owners of any private property located within the boundary of
the heritage area be contacted in writing and provide written
consent for such inclusion if their property is to be governed
by the management plan for the heritage area. The amendment was
agreed to by unanimous consent. The bill, as amended, was then
forwarded to the Full Committee Resources by unanimous consent.
On October 29, 2003, the Full Resources Committee met to
consider the bill. Mr. Radanovich offered an amendment in the
nature of a substitute to further refine the private property
rights protections in the bill. The amendment was agreed to by
unanimous consent. The bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8, and Article IV, section 3, of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to establish the Arabia Mountain
National Heritage Area in the State of Georgia, and for other
purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 7, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1618, the Arabia
Mountain National Heritage Area Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 1618--Arabia Mountain National Heritage Area Act
H.R. 1618 would establish the Arabia Mountain National
Heritage Area (NHA) in DeKalb, Rockdale, and Henry counties in
Georgia. The bill would designate the Arabia Mountain Heritage
Area Alliance as the management entity for the proposed NHA.
Under the bill, the Alliance would develop a management plan to
identify, protect, and interpret cultural and other local
resources. The Department of the Interior would provide
technical and financial assistance to the Alliance to develop
and implement the plan. For these purposes, the bill would
authorize the appropriation of $10 million, not to exceed $1
million annually.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 1618 would cost $10 million
over the next 10 to 15 years. Such amounts would be used to
cover a portion of the costs of establishing, operating, and
interpreting the heritage area.
H.R. 1618 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.