[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3566 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3566

     To establish a pilot program to facilitate the protection and 
 preservation of remaining open space and farmland in the mid-Atlantic 
                                States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 1998

  Mr. Pappas introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
     To establish a pilot program to facilitate the protection and 
 preservation of remaining open space and farmland in the mid-Atlantic 
                                States.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mid-Atlantic Open Space and Farmland 
Preservation Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Open space and farmland add beauty and diversity to 
        communities, increase the value of nearby properties, and have 
        numerous environmental benefits.
            (2) Land that is preserved as open space or farmland 
        requires fewer roads and schools and generates less need for 
        mass transit and other government expenses than developed land.
            (3) Certain government policies, such as the estate tax, 
        directly contribute to the conversion of remaining open space 
        and farmland in the United States.
            (4) The densely populated mid-Atlantic States have 
        experienced considerable loss of open space and farmland.
            (5) Current local efforts to preserve open space and 
        farmland have been partially successful, but are being outpaced 
        by suburban sprawl.
            (6) Open space and farmland preservation efforts have been 
        instrumental in preserving the quality of life in the mid-
        Atlantic States.

SEC. 3. GRANTS FOR OPEN SPACE AND FARMLAND PRESERVATION IN MID-ATLANTIC 
              STATES.

    (a) Definition of Mid-Atlantic State.--The term ``Mid-Atlantic 
State'' means the State of Delaware, Maryland, New Jersey, or 
Pennsylvania.
    (b) Grants Authorized.--The Secretary of the Interior may make 
grants under this section to a mid-Atlantic State (and units of local 
government in a mid-Atlantic State) to assist the grant recipient to 
purchase land, development rights, conservation and agricultural 
easements, and similar property interests for the purpose of preserving 
open space and farmland in an area that the Secretary determines--
            (1) has a high population density;
            (2) is under development pressure;
            (3) faces the potential loss of an agricultural use of land 
        in the area; or
            (4) is otherwise likely to be developed.
    (c) Grant Basis.--Subject to the preference for small communities 
specified in subsection (e), the Secretary of the Interior shall select 
grant recipients on the basis of development risk to the open space or 
farmland proposed for acquisition using the grant, which the Secretary 
shall determine on the basis of the factors contained in paragraphs (1) 
through (4) of subsection (b).
    (d) Maximum Amount.--The total amount of grant funds that may be 
provided under this section to a single mid-Atlantic State or a single 
unit of local government may not exceed $15,000,000 per fiscal year.
    (e) Preference for Small Communities.--Not less than 75 percent of 
the grant funds awarded under this section shall be provided, either 
directly or through a mid-Atlantic State, to units of local government 
with fewer than 10,000 persons.
    (f) Retention of Local Control.--No title to land shall vest with 
the United States as a result of any expenditures made using grant 
funds provided under this section.
    (g) Application.--
            (1) In general.--To request a grant under this section, the 
        chief executive of a mid-Atlantic State or unit of local 
        government shall submit an application to the Secretary of the 
        Interior in such form and containing such information as the 
        Secretary may require.
            (2) Emergency applications.--A mid-Atlantic State or unit 
        of local government may designate one application per year as 
        an emergency application to purchase land or an interest in 
        land to prevent the sale of certain open space or farmland for 
        development. The Secretary of the Interior shall consider, and 
        approve or disapprove, an emergency application within 30 days 
        of receipt.
    (h) Limitation on Administrative Expenses.--Not more than 3.5 
percent of the funds made available to a grant recipient under this 
section may be used for administrative expenses.
    (i) Authorization for Appropriations.--There is authorized to be 
appropriated, from funds available in the land and water conservation 
fund established under section 2 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l-5), not less than $50,000,000 for each 
of the fiscal years 1999 through 2003 to make grants under this 
section.
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