[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1964 Enrolled Bill (ENR)]

        H.R.1964

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
     To assist the States of Connecticut, New Jersey, New York, and 
 Pennsylvania in conserving priority lands and natural resources in the 
                Highlands region, 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 Conservation Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
        (1) to recognize the importance of the water, forest, 
    agricultural, wildlife, recreational, and cultural resources of the 
    Highlands region, and the national significance of the Highlands 
    region to the United States;
        (2) to authorize the Secretary of the Interior to work in 
    partnership with the Secretary of Agriculture to provide financial 
    assistance to the Highlands States to preserve and protect high 
    priority conservation land in the Highlands region; and
        (3) to continue the ongoing Forest Service programs in the 
    Highlands region to assist the Highlands States, local units of 
    government, and private forest and farm landowners in the 
    conservation of land and natural resources in the Highlands region.

SEC. 3. DEFINITIONS.

    In this Act:
        (1) Highlands region.--The term ``Highlands region'' means the 
    area depicted on the map entitled ``The Highlands Region'', dated 
    June 2004, including the list of municipalities included in the 
    Highlands region, and maintained in the headquarters of the Forest 
    Service in Washington, District of Columbia.
        (2) 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.
        (3) Land conservation partnership project.--The term ``land 
    conservation partnership project'' means a land conservation 
    project--
            (A) located in the Highlands region;
            (B) identified by the Forest Service in the Study, the 
        Update, or any subsequent Pennsylvania and Connecticut Update 
        as having high conservation value; and
            (C) in which a non-Federal entity acquires land or an 
        interest in land from a willing seller to permanently protect, 
        conserve, or preserve the land through a partnership with the 
        Federal Government.
        (4) Non-federal entity.--The term ``non-Federal entity'' 
    means--
            (A) any Highlands State; or
            (B) any agency or department of any Highlands State with 
        authority to own and manage land for conservation purposes, 
        including the Palisades Interstate Park Commission.
        (5) Study.--The term ``Study'' means the New York-New Jersey 
    Highlands Regional Study conducted by the Forest Service in 1990.
        (6) Update.--The term ``Update'' means the New York-New Jersey 
    Highlands Regional Study: 2002 Update conducted by the Forest 
    Service.
        (7) Pennsylvania and connecticut update.--The term 
    ``Pennsylvania and Connecticut Update'' means a report to be 
    completed by the Forest Service that identifies areas having high 
    conservation values in the States of Connecticut and Pennsylvania 
    in a manner similar to that utilized in the Study and Update.

SEC. 4. LAND CONSERVATION PARTNERSHIP PROJECTS IN THE HIGHLANDS REGION.

    (a) Submission of Proposed Projects.--Each year, the governors of 
the Highlands States, with input from pertinent units of local 
government and the public, may--
        (1) jointly identify land conservation partnership projects in 
    the Highlands region from land identified as having high 
    conservation values in the Study, the Update, or the Pennsylvania 
    and Connecticut Update that shall be proposed for Federal financial 
    assistance; and
        (2) submit a list of those projects to the Secretary of the 
    Interior.
    (b) Consideration of Projects.--Each year, the Secretary of the 
Interior, in consultation with the Secretary of Agriculture, shall 
submit to Congress a list of the land conservation partnership projects 
submitted under subsection (a)(2) that are eligible to receive 
financial assistance under this section.
    (c) Eligibility Conditions.--To be eligible for financial 
assistance under this section for a land conservation partnership 
project, a non-Federal entity shall enter into an agreement with the 
Secretary of the Interior that--
        (1) identifies the non-Federal entity that shall own or hold 
    and manage the land or interest in land;
        (2) identifies the source of funds to provide the non-Federal 
    share under subsection (d);
        (3) describes the management objectives for the land that will 
    ensure permanent protection and use of the land for the purpose for 
    which the assistance will be provided;
        (4) provides that, if the non-Federal entity converts, uses, or 
    disposes of the land conservation partnership 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--
            (A) may seek specific performance of the conditions of 
        financial assistance in accordance with paragraph (3) in 
        Federal court; and
            (B) 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
        (5) provides that land conservation partnership projects will 
    be consistent with areas identified as having high conservation 
    value in--
            (A) the Important Areas portion of the Study;
            (B) the Conservation Focal Areas portion of the Update;
            (C) the Conservation Priorities portion of the Update;
            (D) land identified as having higher or highest resource 
        value in the Conservation Values Assessment portion of the 
        Update; and
            (E) land identified as having high conservation value in 
        the Pennsylvania and Connecticut Update.
    (d) Non-Federal Share Requirement.--The Federal share of the cost 
of carrying out a land conservation partnership project under this 
section shall not exceed 50 percent of the total cost of the land 
conservation partnership project.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior $10,000,000 for each of 
fiscal years 2005 through 2014, to remain available until expended.

SEC. 5. FOREST SERVICE AND USDA PROGRAMS IN THE HIGHLANDS REGION.

    (a) In General.--To meet the land resource goals of, and the 
scientific and conservation challenges identified in, the Study, 
Update, and any future study that the Forest Service may undertake in 
the Highlands region, the Secretary of Agriculture, acting through the 
Chief of the Forest Service and in consultation with the Chief of the 
National Resources Conservation Service, shall continue to assist the 
Highlands States, local units of government, and private forest and 
farm landowners in the conservation of land and natural resources in 
the Highlands region.
    (b) Duties.--The Forest Service shall--
        (1) in consultation with the Highlands States, undertake other 
    studies and research in the Highlands region consistent with the 
    purposes of this Act, including a Pennsylvania and Connecticut 
    Update;
        (2) communicate the findings of the Study and Update and 
    maintain a public dialogue regarding implementation of the Study 
    and Update; and
        (3) assist the Highland States, local units of government, 
    individual landowners, and private organizations in identifying and 
    using Forest Service and other technical and financial assistance 
    programs of the Department of Agriculture.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Agriculture to carry out this section 
$1,000,000 for each of fiscal years 2005 through 2014.

SEC. 6. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY EFFECT.

    (a) Access to Private Property.--Nothing in this Act--
        (1) requires a private property owner to permit public access 
    (including Federal, State, or local government access) to private 
    property; or
        (2) modifies any provision of Federal, State, or local law with 
    regard to public access to, or use of, private land.
    (b) Liability.--Nothing in this Act creates any liability, or has 
any effect on liability under any other law, of a private property 
owner with respect to any persons injured on the private property.
    (c) Recognition of Authority To Control Land Use.--Nothing in this 
Act modifies any authority of Federal, State, or local governments to 
regulate land use.
    (d) Participation of Private Property Owners.--Nothing in this Act 
requires the owner of any private property located in the Highlands 
region to participate in the land conservation, financial, or technical 
assistance or any other programs established under this Act.
    (e) Purchase of Land or Interests in Land From Willing Sellers 
Only.--Funds appropriated to carry out this Act shall be used to 
purchase land or interests in land only from willing sellers.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.