[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.