[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5146 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5146

     To establish the Highlands Stewardship Area in the States of 
  Connecticut, New Jersey, New York, and Pennsylvania, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2002

 Mr. Gilman (for himself, Mrs. Roukema, Mr. Frelinghuysen, Mrs. Kelly, 
Mrs. Johnson of Connecticut, Mr. Holt, Mr. Walsh, Mrs. McCarthy of New 
York, and Mr. Engel) introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
     To establish the Highlands Stewardship Area in the States of 
  Connecticut, New Jersey, New York, and Pennsylvania, 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. SHORT TITLE.

    This Act may be cited as the ``Highlands Stewardship Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Highlands region is a geographic area that 
        encompasses more than 2,000,000 acres extending from eastern 
        Pennsylvania through the States of New Jersey and New York to 
        northwestern Connecticut;
            (2) the Highlands region is an environmentally unique and 
        economically important area that--
                    (A) provides clean drinking water to over 
                11,000,000 people in metropolitan areas in the States 
                of Connecticut, New Jersey, New York, and Pennsylvania;
                    (B) provides critical wildlife habitat, including 
                habitat for threatened and endangered species;
                    (C) maintains an important historic connection to 
                early Native American culture, colonial settlement, the 
                American Revolution, and the Civil War;
                    (D) contains--
                            (i) recreational resources; and
                            (ii) cultural and multicultural landscapes 
                        relating to the development of commerce, 
                        transportation, the maritime industry, 
                        agriculture, and industry in the Highlands 
                        region; and
                    (E) provides other significant ecological, natural, 
                tourism, recreational, educational, and economic 
                benefits;
            (3) an estimated 1 in 12 citizens of the United States live 
        within a 2-hour drive of the Highlands region;
            (4) more than 1,000,000 residents live in the Highlands 
        region;
            (5) the Highlands region forms a greenbelt adjacent to the 
        Philadelphia-New York City-Hartford urban corridor that offers 
        the opportunity to preserve natural and agricultural resources, 
        open spaces, recreational areas, and historic sites, while 
        encouraging sustainable economic growth and development in a 
        fiscally and environmentally sound manner;
            (6) continued population growth and land use patterns in 
        the Highlands region--
                    (A) reduce the availability and quality of water;
                    (B) reduce air quality;
                    (C) fragment the forests;
                    (D) destroy critical migration corridors and forest 
                habitat; and
                    (E) result in the loss of recreational 
                opportunities and scenic, historic, and cultural 
                resources;
            (7) the natural, agricultural, and cultural resources of 
        the Highlands region, in combination with the proximity of the 
        Highlands region to the largest metropolitan areas in the 
        United States, make the Highlands region nationally 
        significant;
            (8) the national significance of the Highlands region has 
        been documented in--
                    (A) the Highlands Regional Study conducted by the 
                Forest Service in 1990;
                    (B) the New York-New Jersey Highlands Regional 
                Assessment Update conducted by the Forest Service in 
                2001;
                    (C) the bi-State Skylands Greenway Task Force 
                Report;
                    (D) the New Jersey State Development and 
                Redevelopment Plan;
                    (E) the New York State Open Space Conservation 
                Plan;
                    (F) the Connecticut Green Plan: Open Space 
                Acquisition FY 2001-2006;
                    (G) the open space plans of the State of 
                Pennsylvania; and
                    (H) other open space conservation plans for States 
                in the Highlands region;
            (9) the Highlands region includes or is adjacent to 
        numerous parcels of land owned by the Federal Government or 
        federally designated areas that protect, conserve, restore, 
        promote, or interpret resources of the Highlands region, 
        including--
                    (A) the Wallkill River National Wildlife Refuge;
                    (B) the Shawanagunk Grasslands Wildlife Refuge;
                    (C) the Morristown National Historical Park;
                    (D) the Delaware and Lehigh Canal Corridors;
                    (E) the Hudson River Valley National Heritage Area;
                    (F) the Delaware River Basin;
                    (G) the Delaware Water Gap National Recreation 
                Area;
                    (H) the Upper Delaware Scenic and Recreational 
                River;
                    (I) the Appalachian National Scenic Trail; and
                    (J) the United States Military Academy at West 
                Point, New York;
            (10) it is in the interest of the United States to protect, 
        conserve, restore, promote, and interpret the resources of the 
        Highlands region for the residents of, and visitors to, the 
        Highlands region;
            (11) the States of Connecticut, New Jersey, New York, and 
        Pennsylvania, regional entities, and units of local government 
        in the Highlands region have the primary responsibility for 
        protecting, conserving, preserving, and promoting the resources 
        of the Highlands region; and
            (12) because of the longstanding Federal practice of 
        assisting States in creating, protecting, conserving, 
        preserving, and interpreting areas of significant natural, 
        economic, and cultural importance, and the national 
        significance of the Highlands region, the Federal Government 
        should, in partnership with the Highlands States, regional 
        entities, and units of local government in the Highlands 
        region, protect, restore, promote, preserve, and interpret the 
        natural, agricultural, historical, cultural, and economic 
        resources of the Highlands region.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to recognize the importance of the natural resources 
        and the heritage, history, economy, and national significance 
        of the Highlands region to the United States;
            (2) to assist the Highlands States, regional entities, and 
        units of local government, public and private entities, and 
        individuals in protecting, restoring, preserving, interpreting, 
        and promoting the natural, agricultural, historical, cultural, 
        recreational, and economic resources of the Highlands 
        Stewardship Area;
            (3) to authorize the Secretary of Agriculture and the 
        Secretary of the Interior to provide financial and technical 
        assistance for the protection, conservation, preservation, and 
        sustainable management of forests, land, and water in the 
        Highlands region, including assistance for--
                    (A) voluntary programs to promote and support 
                private landowners in carrying out forest land and open 
                space retention and sustainable management practices; 
                and
                    (B) forest-based economic development projects that 
                support sustainable management and retention of forest 
                land in the Highlands region;
            (4) to provide financial and technical assistance to the 
        Highlands States, regional entities, and units of local 
        government, and public and private entities for planning and 
        carrying out conservation, education, and recreational programs 
        and sustainable economic projects in the Highlands region; and
            (5) to coordinate with and assist the management entities 
        of the Hudson River Valley National Heritage Area, the Wallkill 
        National Refuge Area, the Morristown National Historic Area, 
        and other federally designated areas in the region in carrying 
        out any duties relating to the Highlands region.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Eligible entity.--The term ``eligible entity'' means 
        any agricultural producer, regional entity, unit of local 
        government, public entity, private entity, or other private 
        landowner in the Stewardship Area.
            (2) Highlands region.--The term ``Highlands region'' means 
        the region that encompasses nearly 2,000,000 acres extending 
        from eastern Pennsylvania through the States of New Jersey and 
        New York to northwestern Connecticut.
            (3) Highlands state.--The term ``Highlands State'' means--
                    (A) the State of Connecticut;
                    (B) the State of New Jersey;
                    (C) the State of New York; and
                    (D) the State of Pennsylvania.
            (4) Land conservation partnership project.--The term ``land 
        conservation partnership project'' means a project in which a 
        non-Federal entity acquires land or an interest in land from a 
        willing seller for the purpose of protecting, conserving, or 
        preserving the natural, forest, agricultural, recreational, 
        historical, or cultural resources of the Stewardship Area.
            (5) Office.--The term ``Office'' means the Office of 
        Highlands Stewardship established under section 6(a).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (7) Stewardship area.--The term ``Stewardship Area'' means 
        the Highlands Stewardship Area established under section 5(a).
            (8) Study.--The term ``study'' means the Highlands Regional 
        Study conducted by the Forest Service in 1990.
            (9) Update.--The term ``update'' means the New York-New 
        Jersey Highlands Regional Assessment Update conducted by the 
        Forest Service in 2001.
            (10) Work group.--The term ``Work Group'' means the 
        Highlands Stewardship Area Work Group established under section 
        6(c).

SEC. 5. ESTABLISHMENT OF HIGHLANDS STEWARDSHIP AREA.

    (a) Establishment.--The Secretary and the Secretary of the Interior 
shall establish the Highlands Stewardship Area in the Highlands region.
    (b) Consultation and Resource Analyses.--In establishing the 
Stewardship Area, the Secretary and the Secretary of the Interior 
shall--
            (1) consult with appropriate officials of the Federal 
        Government, Highlands States, regional entities, and units of 
        local government; and
            (2) utilize the study, the update, and relevant State 
        resource analyses.
    (c) Map.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary and the Secretary of the 
        Interior shall prepare a map depicting the Stewardship Area.
            (2) Availability.--The map shall be on file and available 
        for public inspection at the appropriate offices of the 
        Secretary and the Secretary of the Interior.

SEC. 6. OFFICE OF HIGHLANDS STEWARDSHIP.

    (a) Establishment.--The Secretary, in consultation with the Under 
Secretary of Agriculture for Natural Resources and Environment, the 
Chief of the Natural Resources Conservation Service, the Administrator 
of the Farm Service Agency, the Chief of the Forest Service, and the 
Under Secretary for Rural Development, shall establish within the 
Department of Agriculture the Office of Highlands Stewardship.
    (b) Duties.--The Office shall implement in the Stewardship Area--
            (1) the strategies of the study and update; and
            (2) in consultation with the Highlands States, other 
        studies consistent with the purposes of this Act.
    (c) Highlands Stewardship Area Work Group.--
            (1) Establishment.--The Secretary shall establish an 
        advisory committee to be known as the ``Highlands Stewardship 
        Area Work Group'' to assist the Office in implementing the 
        strategies of the studies and update referred to in subsection 
        (b).
            (2) Membership.--The Work Group shall be comprised of 
        members that represent various public and private interests 
        throughout the Stewardship Area, including private landowners 
        and representatives of private conservation groups, academic 
        institutions, local governments, and economic interests, to be 
        appointed by the Secretary, in consultation with the Governors 
        of the Highlands States.
            (3) Duties.--The Work Group shall advise the Office, the 
        Secretary, and the Secretary of the Interior on priorities 
        for--
                    (A) projects carried out with financial or 
                technical assistance under this section;
                    (B) land conservation partnership projects carried 
                out under section 7;
                    (C) research relating to the Highlands region; and
                    (D) policy and educational initiatives necessary to 
                implement the findings of the study and update.
    (d) Financial and Technical Assistance.--
            (1) In general.--The Office may provide financial and 
        technical assistance to an eligible entity to carry out a 
        project to protect, restore, preserve, promote, or interpret 
        the natural, agricultural, historical, cultural, recreational, 
        or economic resources of the Stewardship Area.
            (2) Priority.--In determining the priority for financial 
        and technical assistance under paragraph (1), the Office shall 
        consider the recommendations of the study and update.
            (3) Conditions.--
                    (A) In general.--The provision of financial 
                assistance under this subsection shall be subject to 
                the condition that the eligible entity enter into an 
                agreement with the Office that provides that if the 
                eligible entity converts, uses, or disposes of the 
                project for a purpose inconsistent with the purpose for 
                which the financial assistance was provided, as 
                determined by the Office, the United States shall be 
                entitled to reimbursement from the eligible entity in 
                an amount that is, as determined at the time of 
                conversion, use, or disposal, the greater of--
                            (i) the total amount of the financial 
                        assistance provided for the project by the 
                        Federal Government under this section; or
                            (ii) the amount by which the financial 
                        assistance has increased the value of the land 
                        on which the project is carried out.
                    (B) Cost-sharing requirement.--The Federal share of 
                the cost of carrying out a project under this 
                subsection shall not exceed 50 percent of the total 
                cost of the project.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $7,000,000 for 
each of fiscal years 2004 through 2010, to remain available until 
expended.

SEC. 7. LAND CONSERVATION PARTNERSHIP PROJECTS.

    (a) In General.--The Secretary of the Interior, in consultation 
with the Secretary, the Office, and the Governors of the Highlands 
States, shall annually designate land conservation partnership projects 
that are eligible to receive financial assistance under this section.
    (b) Conditions.--
            (1) In general.--To be eligible for financial assistance 
        under subsection (a), a non-Federal entity shall enter into an 
        agreement with the Secretary of the Interior that--
                    (A) identifies--
                            (i) the non-Federal entity that will own or 
                        hold the land or interest in land; and
                            (ii) the source of funds to provide the 
                        non-Federal share under paragraph (2);
                    (B) provides that if the non-Federal entity 
                converts, uses, or disposes of the project for a 
                purpose inconsistent with the purpose for which the 
                assistance was provided, as determined by the Secretary 
                of the Interior, the United States shall be entitled to 
                reimbursement from the non-Federal entity in an amount 
                that is, as determined at the time of conversion, use, 
                or disposal, the greater of--
                            (i) the total amount of the financial 
                        assistance provided for the project by the 
                        Federal Government under this section; or
                            (ii) the amount by which the financial 
                        assistance increased the value of the land or 
                        interest in land; and
                    (C) provides that use of the financial assistance 
                will be consistent with--
                            (i) the open space plan or other plan of 
                        the Highlands State in which the land 
                        conservation partnership project is being 
                        carried out; and
                            (ii) the findings and recommendations of 
                        the study and update.
            (2) Cost-sharing requirement.--The Federal share of the 
        cost of carrying out a land conservation partnership project 
        under this subsection shall not exceed 50 percent of the total 
        cost of the land conservation partnership project.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary of the Interior from the Treasury or the Land and 
        Water Conservation Fund to carry out this section $25,000,000 
        for each of fiscal years 2004 through 2013, to remain available 
        until expended.
            (2) Use of land and water conservation fund.--
        Appropriations from the Land and Water Conservation Fund under 
        paragraph (1) shall be considered to be for Federal purposes 
        under section 5 of the Land and Water Conservation Fund Act of 
        1965 (16 U.S.C. 460l-7).
                                 <all>