HR 526 IHCommentsClose CommentsPermalink

To establish the Ocmulgee National Heritage Corridor in the State of Georgia, and for other purposes.CommentsClose CommentsPermalink

January 14, 2009CommentsClose CommentsPermalink

Mr. MARSHALL introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

To establish the Ocmulgee National Heritage Corridor in the State of Georgia, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Ocmulgee National Heritage Corridor Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) The Ocmulgee Heritage Corridor is centered on the fall line of the Ocmulgee River, a crossroads of history and geography, which divides two geographic regions and creates two distinct ecosystems, the Piedmont Plateau and the Eastern Coastal Plain. The intersection of land and water transportation routes has fostered a continuum of human settlement that has endured more than 12,000 years.CommentsClose CommentsPermalink





(2) Macon, Georgia, has more acreage listed in the National Register than any other city in Georgia, including fifty-four individual properties, ten National Register historic districts with more than 5,500 contributing properties, and two National Historic Landmarks.CommentsClose CommentsPermalink





(3) The Ocmulgee National Monument protects the remains of Native American settlements over a 12,000-year period and has features and artifacts representing a long cultural continuum from early hunter-gatherers through the Civil War.CommentsClose CommentsPermalink





(4) The Ocmulgee Old Fields, which consist of the Ocmulgee National Monument, Bond Swamp National Wildlife Refuge, Central City Park, and other private lands in the Ocmulgee floodplain have been determined eligible for listing in the National Register of Historic Places as a Traditional Cultural Property. The Traditional Cultural Property determination is based on the area’s cultural and historical significance in Native American heritage and its potential for yielding important information about the history of the Macon Plateau and Ocmulgee River.CommentsClose CommentsPermalink





(5) The Ocmulgee National Heritage Corridor has been proposed in order to heighten appreciation of the region, preserve its natural and historical resources, and improve the quality of life and economy of the area.CommentsClose CommentsPermalink





(6) Macon, Georgia has been designated as one of Georgia’s Preserve America Communities and one of the National Trust’s Dozen Distinctive Destinations of 2004.CommentsClose CommentsPermalink





(b) Purposes- The purposes of this Act are as follows:CommentsClose CommentsPermalink





(1) To establish the Ocmulgee National Heritage Corridor in the State of Georgia.CommentsClose CommentsPermalink





(2) To implement the national heritage corridor alternative as described in the document entitled ‘Ocmulgee National Heritage Corridor Feasibility Study, September 2004’.CommentsClose CommentsPermalink





(3) To provide a management framework to foster a close working relationship among all levels of government, the private sector, and the local communities in the Ocmulgee Heritage Corridor and to conserve the region’s heritage while continuing to pursue compatible economic opportunities.CommentsClose CommentsPermalink





(4) To assist communities, organizations, and citizens in the State of Georgia in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) HERITAGE CORRIDOR- The term ‘Heritage Corridor’ means the Ocmulgee National Heritage Corridor, established in section 4.CommentsClose CommentsPermalink





(2) LOCAL COORDINATING ENTITY- The term ‘Local Coordinating Entity’ means the local coordinating entity for the Heritage Corridor designated by section 4(d).CommentsClose CommentsPermalink





(3) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Heritage Corridor specified in section 6.CommentsClose CommentsPermalink





(4) MAP- The term ‘map’ means the map titled ‘Boundary Map Ocmulgee National Heritage Corridor--Alternative B’ and dated September 2004.CommentsClose CommentsPermalink





(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(6) STATE- The term ‘State’ means the State of Georgia.CommentsClose CommentsPermalink

SEC. 4. OCMULGEE NATIONAL HERITAGE CORRIDOR.

(a) Establishment- There is established the Ocmulgee National Heritage Corridor.CommentsClose CommentsPermalink





(b) Boundaries- The Heritage Corridor shall be comprised of the land and water within the boundaries of the Heritage Corridor, as depicted on the map, including--CommentsClose CommentsPermalink





(1) the City of Macon, Georgia;CommentsClose CommentsPermalink





(2) Ocmulgee National Monument; andCommentsClose CommentsPermalink





(3) the Ocmulgee River Corridor from Water Works to the Bond Swamp.CommentsClose CommentsPermalink





(c) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.CommentsClose CommentsPermalink





(d) Local Coordinating Entity- The Ocmulgee Heritage L.L.C. shall be the local coordinating entity for the Heritage Corridor.CommentsClose CommentsPermalink

SEC. 5. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.

(a) Duties of the Local Coordinating Entity- To further the purposes of the Heritage Corridor, the local coordinating entity shall--CommentsClose CommentsPermalink





(1) prepare and submit a management plan for the Heritage Corridor to the Secretary in accordance with section 6;CommentsClose CommentsPermalink





(2) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by--CommentsClose CommentsPermalink





(A) carrying out programs and projects that recognize, protect, and enhance important resource values within the Heritage Corridor;CommentsClose CommentsPermalink





(B) establishing and maintaining interpretive exhibits and programs within the Heritage Corridor;CommentsClose CommentsPermalink





(C) developing recreational and educational opportunities in the Heritage Corridor;CommentsClose CommentsPermalink





(D) increasing public awareness of and appreciation for natural, historical, scenic, and cultural resources of the Heritage Corridor;CommentsClose CommentsPermalink





(E) protecting and restoring historic sites and buildings in the Heritage Corridor that are consistent with Heritage Corridor themes;CommentsClose CommentsPermalink





(F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Corridor; andCommentsClose CommentsPermalink





(G) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Corridor;CommentsClose CommentsPermalink





(3) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Corridor in the preparation and implementation of the management plan;CommentsClose CommentsPermalink





(4) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;CommentsClose CommentsPermalink





(5) submit an annual report to the Secretary for any fiscal year in which the local coordinating entity receives Federal funds under this Act specifying--CommentsClose CommentsPermalink





(A) the specific performance goals and accomplishments of the local coordinating entity;CommentsClose CommentsPermalink





(B) the expenses and income of the local coordinating entity;CommentsClose CommentsPermalink





(C) the amounts and sources of matching funds;CommentsClose CommentsPermalink





(D) the amounts leveraged with Federal funds and sources of the leveraging; andCommentsClose CommentsPermalink





(E) grants made to any other entities during the fiscal year;CommentsClose CommentsPermalink





(6) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds, and require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for such audit all records and other information pertaining to the expenditure of such funds; andCommentsClose CommentsPermalink





(7) encourage by appropriate means economic viability that is consistent with the purposes of the Heritage Corridor.CommentsClose CommentsPermalink





(b) Authorities- The local coordinating entity may, for the purposes of preparing and implementing the management plan for the Heritage Corridor, use Federal funds made available through this Act to--CommentsClose CommentsPermalink





(1) make grants to the State of Georgia, its political subdivisions, nonprofit organizations, and other persons;CommentsClose CommentsPermalink





(2) enter into cooperative agreements with or provide technical assistance to the State of Georgia, its political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;CommentsClose CommentsPermalink





(3) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, economic and community development, and heritage planning;CommentsClose CommentsPermalink





(4) obtain funds or services from any source including any that are provided under any other Federal law or program;CommentsClose CommentsPermalink





(5) contract for goods or services; andCommentsClose CommentsPermalink





(6) support activities of partners and any other activities that further the purposes of the Heritage Corridor and is consistent with the approved management plan.CommentsClose CommentsPermalink





(c) Prohibitions on the Acquisition of Real Property- The local coordinating entity may not use Federal funds received under this Act to acquire real property, but may use any other source of funding, including other Federal funding outside this authority, intended for the acquisition of real property.CommentsClose CommentsPermalink

SEC. 6. MANAGEMENT PLAN.

(a) In General- The management plan for the Heritage Corridor shall--CommentsClose CommentsPermalink





(1) include comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Corridor;CommentsClose CommentsPermalink





(2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation;CommentsClose CommentsPermalink





(3) include a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical, and cultural resources of the Heritage Corridor;CommentsClose CommentsPermalink





(4) specify the existing and potential sources of funding or economic development strategies to protect, manage, and develop the Heritage Corridor;CommentsClose CommentsPermalink





(5) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Corridor related to the themes of the Heritage Corridor that should be preserved, restored, managed, developed, or maintained;CommentsClose CommentsPermalink





(6) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques including, but not limited to, the development of intergovernmental and interagency cooperative agreements to protect the Heritage Corridor’s natural, historical, cultural, educational, scenic, and recreational resources;CommentsClose CommentsPermalink





(7) describe a program of implementation for the management plan including performance goals, plans for resource protection, restoration, interpretation, enhancement, management, and development, and specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual;CommentsClose CommentsPermalink





(8) include an analysis and recommendations for ways in which local, State, and Federal programs, including the role of the National Park Service in the Heritage Corridor, may best be coordinated to further the purposes of this Act;CommentsClose CommentsPermalink





(9) include an interpretive plan for the Heritage Corridor; andCommentsClose CommentsPermalink





(10) include a business plan that--CommentsClose CommentsPermalink





(A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; andCommentsClose CommentsPermalink





(B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Corridor.CommentsClose CommentsPermalink





(b) Deadline and Termination of Funding-CommentsClose CommentsPermalink





(1) DEADLINE- The local coordinating entity shall submit the management plan to the Secretary for approval not later than 3 years after funds are made available for this Act.CommentsClose CommentsPermalink





(2) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for Federal funding under this Act until such time as the management plan is submitted to and approved by the Secretary.CommentsClose CommentsPermalink

SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

(a) Technical and Financial Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may, upon the request of the local coordinating entity, provide technical and financial assistance on a reimbursable or nonreimbursable basis (as determined by the Secretary) to the Heritage Corridor to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the local coordinating entity and other public or private entities for this purpose.CommentsClose CommentsPermalink





(2) PRIORITY ACTIONS- In assisting the Heritage Corridor, the Secretary shall give priority to actions that in general assist in--CommentsClose CommentsPermalink





(A) conserving the significant natural, historical, cultural, and scenic resources of the Heritage Corridor; andCommentsClose CommentsPermalink





(B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Corridor.CommentsClose CommentsPermalink





(b) Approval and Disapproval of Management Plan-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall approve or disapprove the management plan not later than 180 days after receiving the management plan.CommentsClose CommentsPermalink





(2) CRITERIA FOR APPROVAL- In determining the approval of the management plan, the Secretary shall consider whether--CommentsClose CommentsPermalink





(A) the local coordinating entity is representative of the diverse interests of the Heritage Corridor including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations;CommentsClose CommentsPermalink





(B) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan;CommentsClose CommentsPermalink





(C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Corridor;CommentsClose CommentsPermalink





(D) the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the management plan; andCommentsClose CommentsPermalink





(E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan.CommentsClose CommentsPermalink





(3) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the management plan, the Secretary shall advise the local coordinating entity in writing of the reasons that the management plan was disapproved and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision within 180 days after the date it is submitted.CommentsClose CommentsPermalink





(4) APPROVAL OF AMENDMENTS- Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The local coordinating entity shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments.CommentsClose CommentsPermalink

SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

(a) In General- Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law.CommentsClose CommentsPermalink





(b) Consultation and Coordination- The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Corridor is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.CommentsClose CommentsPermalink





(c) Other Federal Agencies- Nothing in this Act--CommentsClose CommentsPermalink





(1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;CommentsClose CommentsPermalink





(2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Corridor; orCommentsClose CommentsPermalink





(3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink

SEC. 9. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this Act--CommentsClose CommentsPermalink





(1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Corridor;CommentsClose CommentsPermalink





(2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;CommentsClose CommentsPermalink





(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity;CommentsClose CommentsPermalink





(4) authorizes or implies the reservation or appropriation of water or water rights;CommentsClose CommentsPermalink





(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Corridor; orCommentsClose CommentsPermalink





(6) creates any liability, or affects any liability under any other law, or any private property owner with respect to any person injured on the private property.CommentsClose CommentsPermalink

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Corridor under this Act.CommentsClose CommentsPermalink





(b) Matching Funds- Federal funding provided under this Act may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act.CommentsClose CommentsPermalink

SEC. 11. SUNSET.

The authority of the Secretary to provide financial assistance under this Act shall terminate on the day occurring 15 years after the date of the enactment of the Act.CommentsClose CommentsPermalink