< Back to S. 1020 (104th Congress, 1995–1996)

Text of A bill to establish the Augusta Canal National Heritage Area in the State of Georgia, and for other purposes.

...other purposes.

This bill was introduced on July 10, 1995, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 10, 1995 (Introduced).

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Source: GPO

S 1020 IS

104th CONGRESS

1st Session

S. 1020

To establish the Augusta Canal National Heritage Area in the State of Georgia, and for other purposes.

IN THE SENATE OF THE UNITED STATES

July 10, 1995

Mr. COVERDELL introduced the following bill; which was read twice and referred to the Committee on Energy and Natural 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 Representatives of the United States of America in Congress assembled,

SECTION 1. FINDINGS.

    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 4 regionally important resources in the State, is one of the last unspoiled areas in the State of Georgia;

      (2) the Augusta Canal National Historic Landmark 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) 3 national historic districts, the Harrisburg, Laney Walker, and Greene Street districts, and 2 national historic landmarks, Stallings Island, 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 undeveloped recreational opportunities for people throughout the United States;

      (5) the Augusta Canal and related mill sites, structures, and associated neighborhoods are representative 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 Augusta Canal;

      (7) several significant sites associated with the American Revolution, the Civil War, Native Americans, Colonial Americans, African Americans, Chinese 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 organizations, and private businesses, the cultural, historical, natural, and recreational resources of the area have not realized full potential and may be lost without 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 cooperatively 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 Georgia, 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 include 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 practicable 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 description of the boundaries of the Heritage Area.

SEC. 4. MANAGEMENT.

    The Secretary, acting through the Director of the National Park Service, shall enter into a cooperative agreement with the Augusta Canal Authority, a public body established 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.

SEC. 5. MANAGEMENT PLAN.

    (a) PREPARATION OF PLAN- Not later than 1 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 enactment of this Act, including the Augusta Canal Master Plan. The Augusta Canal Authority shall coordinate and combine such plans and present an integrated and cooperative approach for the protection, enhancement, and interpretation of the cultural, natural, scenic, and recreational resources of the Heritage Area.

    (c) ASSISTANCE- The Secretary may provide technical 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 approve 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 organizations, 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 observed.

      (3) DISAPPROVAL-

        (A) IN GENERAL- If the Secretary disapproves the management plan, the Secretary shall notify the Augusta Canal Authority of the disapproval in writing.

        (B) CONTENTS- A notification under subparagraph (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 management 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 Augusta 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 management plan as provided in subsection (d), the Secretary, in conjunction with the Augusta Canal Authority, shall take appropriate steps to implement the management plan.

      (2) COOPERATIVE AGREEMENTS- The Secretary is authorized to enter into cooperative agreements with the State of Georgia, political subdivisions 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 subdivisions of the State of Georgia should encourage, by appropriate means, enhanced economic and industrial development in the area consistent with the goals of the Augusta Canal Master Plan.

SEC. 6. DUTIES OF OTHER FEDERAL ENTITIES.

    Any Federal entity conducting or supporting activities 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 Augusta Canal Authority with respect to such activities;

      (3) coordinate such activities with the Secretary and the Augusta Canal Authority; and

      (4) conduct or support such activities in a manner that the Secretary and the Augusta Canal Authority 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 Federal funds that it may receive to acquire real property or an interest in real property.

SEC. 8. RULES OF CONSTRUCTION.

    (a) OCCUPATIONAL, SAFETY, CONSERVATION, AND ENVIRONMENTAL REGULATION- Nothing in this Act shall be construed to--

      (1) impose any occupational, safety, conservation, 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 environmental regulation for the Heritage Area that is more stringent than the regulations applicable to the Heritage 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.

    (b) 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. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary to carry out this Act.