[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