[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1964 Referred in Senate (RFS)]
1st Session
H. R. 1964
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 22, 2003
Received
December 9. 2003
Read twice and referred to the Committee on Energy and Natural
Resources
_______________________________________________________________________
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. FINDINGS.
Congress finds the following--
(1) The Highlands region is a physiographic province 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 area
that--
(A) provides clean drinking water to over
15,000,000 people in metropolitan areas in the States
of Connecticut, New Jersey, New York, and Pennsylvania;
(B) provides critical wildlife habitat, including
habitat for 247 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 recreational resources for 14 million
visitors annually;
(E) provides other significant ecological, natural,
tourism, recreational, educational, and economic
benefits; and
(F) provides homeownership opportunities and access
to affordable housing that is safe, clean, and healthy.
(3) An estimated 1 in 12 citizens of the United States live
within a 2-hour drive of the Highlands region.
(4) More than 1,400,000 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 water, forest and agricultural
resources, wildlife habitat, 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 water, forest, wildlife, recreational,
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 New York-New Jersey Highlands Regional
Study conducted by the Forest Service in 1990;
(B) the New York-New Jersey Highlands Regional
Study: 2002 Update conducted by the Forest Service;
(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, or restore
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;
(J) the United States Military Academy at West
Point, New York;
(K) the Highlands National Millenium Trail;
(L) the Great Swamp National Wildlife Refuge;
(M) the proposed Crossroads of the Revolution
National Heritage Area;
(N) the proposed Musconetcong National Scenic and
Recreational River in New Jersey; and
(O) the Farmington River Wild and Scenic Area in
Connecticut.
(10) It is in the interest of the United States to protect,
conserve, and restore 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, and units of local government in the Highlands
region have the primary responsibility for protecting,
conserving, preserving, restoring and promoting the resources
of the Highlands region.
(12) Because of the longstanding Federal practice of
assisting States in creating, protecting, conserving, and
restoring areas of significant natural and cultural importance,
and the national significance of the Highlands region, the
Federal Government should, in partnership with the Highlands
States and units of local government in the Highlands region,
protect, restore, and preserve the water, forest, agricultural,
wildlife, recreational and cultural resources of the Highlands
region.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To recognize the importance of the water, forest,
agricultural, wildlife, recreational and cultural resources of
the Highlands, 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 lands in the Highlands
region.
(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 lands and natural resources in the Highlands
region.
SEC. 4. DEFINITIONS.
In this Act:
(1) Highlands region.--The term ``Highlands region'' means
the physiographic province, defined by the Reading Prong and
ecologically similar adjacent upland areas, 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) Highlands state.--The term ``Highlands State'' means--
(A) the State of Connecticut;
(B) the State of New Jersey;
(C) the State of New York;
(D) the State of Pennsylvania; and
(E) any agency or department of any Highlands
State.
(3) Land conservation partnership project.--The term ``land
conservation partnership project'' means a land conservation
project located within the Highlands region identified as
having high conservation value by the Forest Service in which a
non-Federal entity acquires land or an interest in land from a
willing seller for the purpose of permanently protecting,
conserving, or preserving the land through a partnership with
the Federal Government.
(4) Non-federal entity.--The term ``non-Federal entity''
means any Highlands State, or 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.
SEC. 5. LAND CONSERVATION PARTNERSHIP PROJECTS IN THE HIGHLANDS REGION.
(a) Submission of Proposed Projects.--Annually, the Governors of
the Highlands States, with input from pertinent units of local
government and the public, may jointly identify land conservation
partnership projects in the Highlands region that shall be proposed for
Federal financial assistance and submit a list of those projects to the
Secretary of the Interior.
(b) Consideration of Projects.--The Secretary of the Interior, in
consultation with the Secretary of Agriculture, shall annually submit
to Congress a list of those land conservation partnership projects
submitted under subsection (a) 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 required under subsection (d);
(3) describes the management objectives for the land that
will assure 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 may seek specific performance of
the conditions of financial assistance in accordance with
paragraph (3) in Federal court and 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--
(A) the total amount of the financial assistance
provided for the project by the Federal Government
under this section; or
(B) 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 the following:
(A) Important Areas portion of the Forest Service
study.
(B) Conservation Focal Areas portion of the Forest
Service update.
(C) Conservation Priorities portion of the update.
(D) Lands identified as having higher or highest
resource value in the Conservation Values Assessment
portion of the 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 from the general funds of
the Treasury or the Land and Water Conservation Fund to carry out this
section $10,000,000 for each of the fiscal years 2005 through 2014.
Amounts appropriated pursuant to this authorization of appropriations
shall remain available until expended.
SEC. 6. FOREST SERVICE AND USDA PROGRAMS IN THE HIGHLANDS REGION.
(a) In General.--In order 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 lands 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 as appropriate in the Highlands
region consistent with the purposes of this Act;
(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 the fiscal years 2005 through 2014.
SEC. 7. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY EFFECT.
(a) Access to Private Property.--Nothing in this Act shall be
construed to--
(1) require any private property owner to permit public
access (including Federal, State, or local government access)
to such private property; and
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private lands.
(b) Liability.--Nothing in this Act shall be construed to create
any liability, or to have any effect on any liability under any other
law, of any private property owner with respect to any persons injured
on such private property.
(c) Recognition of Authority to Control Land Use.--Nothing in this
Act shall be construed to modify any authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners.--Nothing in this Act
shall be construed to require 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 Lands or Interests in Lands From Willing Sellers
Only.--Funds appropriated to carry out this Act shall be used to
purchase lands or interests in lands only from willing sellers.
Passed the House of Representatives November 21, 2003.
Attest:
JEFF TRANDAHL,
Clerk.