[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1964 Reported in Senate (RS)]
Calendar No. 735
108th CONGRESS
2d Session
H. R. 1964
[Report No. 108-376]
_______________________________________________________________________
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
September 28, 2004
Reported by Mr. Domenici, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Highlands Conservation
Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) The Highlands region is an environmentally
unique area that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) provides critical wildlife habitat,
including habitat for 247 threatened and endangered
species;</DELETED>
<DELETED> (C) maintains an important historic
connection to early Native American culture, colonial
settlement, the American Revolution, and the Civil
War;</DELETED>
<DELETED> (D) contains recreational resources for 14
million visitors annually;</DELETED>
<DELETED> (E) provides other significant ecological,
natural, tourism, recreational, educational, and
economic benefits; and</DELETED>
<DELETED> (F) provides homeownership opportunities
and access to affordable housing that is safe, clean,
and healthy.</DELETED>
<DELETED> (3) An estimated 1 in 12 citizens of the United
States live within a 2-hour drive of the Highlands
region.</DELETED>
<DELETED> (4) More than 1,400,000 residents live in the
Highlands region.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) Continued population growth and land use
patterns in the Highlands region--</DELETED>
<DELETED> (A) reduce the availability and quality of
water;</DELETED>
<DELETED> (B) reduce air quality;</DELETED>
<DELETED> (C) fragment the forests;</DELETED>
<DELETED> (D) destroy critical migration corridors
and forest habitat; and</DELETED>
<DELETED> (E) result in the loss of recreational
opportunities and scenic, historic, and cultural
resources.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (8) The national significance of the Highlands
region has been documented in--</DELETED>
<DELETED> (A) the New York-New Jersey Highlands
Regional Study conducted by the Forest Service in
1990;</DELETED>
<DELETED> (B) the New York-New Jersey Highlands
Regional Study: 2002 Update conducted by the Forest
Service;</DELETED>
<DELETED> (C) the bi-State Skylands Greenway Task
Force Report;</DELETED>
<DELETED> (D) the New Jersey State Development and
Redevelopment Plan;</DELETED>
<DELETED> (E) the New York State Open Space
Conservation Plan;</DELETED>
<DELETED> (F) the Connecticut Green Plan: Open Space
Acquisition FY 2001-2006;</DELETED>
<DELETED> (G) the open space plans of the State of
Pennsylvania; and</DELETED>
<DELETED> (H) other open space conservation plans
for States in the Highlands region.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the Wallkill River National Wildlife
Refuge;</DELETED>
<DELETED> (B) the Shawanagunk Grasslands Wildlife
Refuge;</DELETED>
<DELETED> (C) the Morristown National Historical
Park;</DELETED>
<DELETED> (D) the Delaware and Lehigh Canal
Corridors;</DELETED>
<DELETED> (E) the Hudson River Valley National
Heritage Area;</DELETED>
<DELETED> (F) the Delaware River Basin;</DELETED>
<DELETED> (G) the Delaware Water Gap National
Recreation Area;</DELETED>
<DELETED> (H) the Upper Delaware Scenic and
Recreational River;</DELETED>
<DELETED> (I) the Appalachian National Scenic
Trail;</DELETED>
<DELETED> (J) the United States Military Academy at
West Point, New York;</DELETED>
<DELETED> (K) the Highlands National Millenium
Trail;</DELETED>
<DELETED> (L) the Great Swamp National Wildlife
Refuge;</DELETED>
<DELETED> (M) the proposed Crossroads of the
Revolution National Heritage Area;</DELETED>
<DELETED> (N) the proposed Musconetcong National
Scenic and Recreational River in New Jersey;
and</DELETED>
<DELETED> (O) the Farmington River Wild and Scenic
Area in Connecticut.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. PURPOSES.</DELETED>
<DELETED> The purposes of this Act are as follows:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Highlands state.--The term ``Highlands State''
means--</DELETED>
<DELETED> (A) the State of Connecticut;</DELETED>
<DELETED> (B) the State of New Jersey;</DELETED>
<DELETED> (C) the State of New York;</DELETED>
<DELETED> (D) the State of Pennsylvania;
and</DELETED>
<DELETED> (E) any agency or department of any
Highlands State.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Study.--The term ``study'' means the New York-
New Jersey Highlands Regional Study conducted by the Forest
Service in 1990.</DELETED>
<DELETED> (6) Update.--The term ``update'' means the New
York-New Jersey Highlands Regional Study: 2002 Update conducted
by the Forest Service.</DELETED>
<DELETED>SEC. 5. LAND CONSERVATION PARTNERSHIP PROJECTS IN THE
HIGHLANDS REGION.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) identifies the non-Federal entity that shall
own or hold and manage the land or interest in land;</DELETED>
<DELETED> (2) identifies the source of funds to provide the
non-Federal share required under subsection (d);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the total amount of the financial
assistance provided for the project by the Federal
Government under this section; or</DELETED>
<DELETED> (B) the amount by which the financial
assistance increased the value of the land or interest
in land; and</DELETED>
<DELETED> (5) provides that land conservation partnership
projects will be consistent with areas identified as having
high conservation value in the following:</DELETED>
<DELETED> (A) Important Areas portion of the Forest
Service study.</DELETED>
<DELETED> (B) Conservation Focal Areas portion of
the Forest Service update.</DELETED>
<DELETED> (C) Conservation Priorities portion of the
update.</DELETED>
<DELETED> (D) Lands identified as having higher or
highest resource value in the Conservation Values
Assessment portion of the update.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. FOREST SERVICE AND USDA PROGRAMS IN THE HIGHLANDS
REGION.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Duties.--The Forest Service shall--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) communicate the findings of the study and
update and maintain a public dialogue regarding implementation
of the study and update; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 7. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY
EFFECT.</DELETED>
<DELETED> (a) Access to Private Property.--Nothing in this Act shall
be construed to--</DELETED>
<DELETED> (1) require any private property owner to permit
public access (including Federal, State, or local government
access) to such private property; and</DELETED>
<DELETED> (2) modify any provision of Federal, State, or
local law with regard to public access to or use of private
lands.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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.
Calendar No. 735
108th CONGRESS
2d Session
H. R. 1964
[Report No. 108-376]
_______________________________________________________________________
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.
_______________________________________________________________________
September 28, 2004
Reported with an amendment