[Senate Report 109-3]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 10
109th Congress                                                   Report
                                 SENATE
 1st Session                                                      109-3

======================================================================
 
               ARABIA MOUNTAIN NATIONAL HERITAGE AREA ACT

                                _______
                                

               February 16, 2005.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 200]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 200) to establish the Arabia Mountain 
National Heritage Area in the State of Georgia, and for other 
purposes, reports favorably thereon with amendment and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
    On page 4, strike lines 21 through 23 and insert the 
following ``on the map entitled `Arabia Mountain National 
Heritage Area', numbered AMNHA-80,000, and dated October 
2003.''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 200 is to establish the Arabia Mountain 
National Heritage Area in the State of Georgia.

                          BACKGROUND AND NEED

    S. 200 would establish Arabia Mountain National Heritage 
area in the Lithonia region of Georgia, just east of Atlanta. 
Human settlement of the Lithonia region has always focused on 
the unique granite outcrops that characterize the region's 
topography. Archeological evidence indicates that humans have 
long quarried the soapstone and granite outcrops of this region 
from 5,000 years ago to today. The proposed Heritage Area 
includes heavily quarried areas (Lithonia), pristine, never-
quarried outcrops (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.
    S. 200 would establish Arabia Mountain National Heritage 
Area in Georgia, and designate the Arabia Mountain Heritage 
Area Alliance as the Area's management entity.

                          LEGISLATIVE HISTORY

    S. 200 was introduced by Senators Chambliss and Isakson on 
January 26, 2005. At a business meeting on February 9, 2005, 
the Committee on Energy and Natural Resources ordered S. 200, 
as amended, favorably reported.
    Similar legislation (S. 1752) was introduced by Senators 
Chambliss and Miller in the 108th Congress. Although no action 
was taken on that bill, the text of S. 1752 was included as 
title XII of S. Amendment 4085 to S. 1521, which passed the 
Senate by unanimous consent on December 7, 2004.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on February 9, 2005, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
200, if amended as described herein.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles the bill the ``Arabia Mountain National 
Heritage Area Act.''
    Section 2 sets forth congressional findings.
    Section 3 defines key terms.
    Section 4 establishes the Arabia Mountain National Heritage 
Area in the State of Georgia, within certain parcels of lands 
in the counties of DeKalb, Rockdale, and Henry. Designates the 
Arabia Mountain Heritage Area Alliance as the management entity 
for the Arabia Mountain National Heritage Area.
    Section 5(a) provides the management entity with the 
authority to use funds for preparing, updating, and 
implementing the management plan. The funds may be used for 
making grants, entering into cooperative agreements and 
contracts for goods and services, and hiring and compensating 
staff.
    Subsection (b) directs the management entity to implement 
the findings of the management plan, establish priorities, 
conduct public meetings on a quarterly basis, submit an annual 
report to the Secretary, and sets forth requirements for 
auditing all records related to Federal funds.
    Section 6 requires the management entity to prepare a 
management plan for the Heritage Area and sets forth the 
elements of the plan.
    Section 7 states that the Secretary of the Interior may 
provide technical and financial assistance upon request by the 
management entity for development and implementation of the 
management plan. Priority will be given to actions that 
facilitate conservation of significant resources and for 
opportunities consistent with the resources of the heritage 
area.
    Section 8 states that the Act does not grant any Federal 
agency regulatory authority and will have no effect on the 
authority of the local, State, or Federal government to 
regulate land use or environmental quality designations as 
provided for by law.
    Section 9 authorizes to be appropriated $10 million to 
carry out this Act, with no more than $1 million authorized to 
be appropriated in any given fiscal year. The Federal share may 
not exceed 50 percent of the total costs of any given activity.
    Section 10 terminates the authority of the Secretary to 
make any grant or provide any assistance under this Act on 
September 30, 2016.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office.

                                                 February 11, 2005.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 200, 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,
                                               Douglas Holtz-Eakin.
    Enclosure.

S. 200--Arabia Mountain National Heritage Area Act

    S. 200 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 S. 200 would cost $10 million over 
the next 10 years. Such amounts would be used to cover a 
portion of the costs of establishing, operating, and 
interpreting the heritage area. Enacting this legislation would 
have no impact on revenues or direct spenting.
    S. 200 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.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 200.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 200.

                        EXECUTIVE COMMUNICATIONS

    On February 9, 2005, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior setting forth executive views of S. 200. These 
views had not been received at the time this report was filed. 
When the reports become available, the Chairman will request 
that they be printed in the Congressional Record for the advice 
of the Senate.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 200 as ordered 
reported.