[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 999 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                 S. 999

     To establish the Highlands Stewardship Area in the States of 
  Connecticut, New Jersey, New York, and Pennsylvania, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 2003

Mr. Corzine (for himself, Mr. Lautenberg, Mr. Specter, Mr. Schumer, Mr. 
 Dodd, Mrs. Clinton, and Mr. Lieberman) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
     To establish the Highlands Stewardship Area in the States of 
  Connecticut, New Jersey, New York, and Pennsylvania, 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 Stewardship Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Highlands region is a geographic area 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 14,000,000 
                visitors annually; and
                    (E) provides other significant ecological, natural, 
                tourism, recreational, educational, and economic 
                benefits;
            (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 natural and agricultural resources, 
        open spaces, 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 natural, 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, restore, 
        promote, or interpret 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 Millennium Trail;
                    (L) the Picatinny Arsenal in the State of New 
                Jersey;
                    (M) the Great Swamp National Wildlife Refuge;
                    (N) the proposed Crossroads of the Revolution 
                National Heritage Area;
                    (O) the proposed Musconetcong National Scenic and 
                Recreational River in the State of New Jersey; and
                    (P) the Farmington River Wild and Scenic Area in 
                the State of Connecticut;
            (10) it is in the interest of the United States to protect, 
        conserve, restore, promote, and interpret 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, regional entities, and units of local government 
        in the Highlands region have the primary responsibility for 
        protecting, conserving, preserving, and promoting the resources 
        of the Highlands region; and
            (12) because of the longstanding Federal practice of 
        assisting States in creating, protecting, conserving, 
        preserving, restoring, and interpreting 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, promote, 
        preserve, and interpret the natural, agricultural, historical, 
        and cultural resources of the Highlands region.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to recognize the importance of the natural resources 
        and the heritage, history, and national significance of the 
        Highlands region to the United States;
            (2) to assist the Highlands States, units of local 
        government, and private landowners in protecting, restoring, 
        preserving, interpreting, and promoting the natural, 
        agricultural, historical, cultural, and recreational resources 
        of the Highlands region;
            (3) to preserve and protect high priority conservation land 
        in the Highlands region by authorizing the Secretary of the 
        Interior to--
                    (A) work in partnership with the Secretary of 
                Agriculture and the Highlands States; and
                    (B) provide financial and technical assistance to 
                the Highlands States;
            (4) to authorize the Secretary of Agriculture to provide 
        financial and technical assistance for projects that will 
        protect, restore, promote, and interpret the natural, 
        agricultural, historical, cultural, or recreational resources 
        of the Highlands region; and
            (5) to coordinate with and assist the management entities 
        of the Hudson River Valley National Heritage Area, the Wallkill 
        National Refuge Area, the Morristown National Historic Area, 
        and other federally designated areas in the region in carrying 
        out any duties relating to protecting the natural resources of 
        the Highlands region.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Eligible entity.--The term ``eligible entity'' means 
        any Highlands State, unit of local government, public entity, 
        private entity, or private landowner in the Stewardship Area.
            (2) Highlands region.--The term ``Highlands region'' means 
        the region that encompasses nearly 2,000,000 acres extending 
        from eastern Pennsylvania through the States of New Jersey and 
        New York to northwestern Connecticut.
            (3) 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 a State specified 
                in subparagraph (A), (B), (C), or (D) that is 
                authorized to own and manage land for conservation 
                purposes, including the Palisades Interstate Park 
                Commission.
            (4) Land conservation partnership project.--The term ``land 
        conservation partnership project'' means a project in which a 
        Highlands State acquires from a willing seller land or an 
        interest in land that is located in an area identified in the 
        study or update as having a high conservation value for the 
        purpose of protecting, conserving, or preserving the natural, 
        forest, agricultural, recreational, historical, or cultural 
        resources of the Stewardship Area.
            (5) Office.--The term ``Office'' means the Office of 
        Highlands Stewardship established under section 6(a).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (7) Stewardship area.--The term ``Stewardship Area'' means 
        the Highlands Stewardship Area established under section 5(a).
            (8) Study.--The term ``study'' means the Highlands Regional 
        Study conducted by the Forest Service in 1990.
            (9) Update.--The term ``update'' means the New York-New 
        Jersey Highlands Regional Assessment Update conducted by the 
        Forest Service in 2001.
            (10) Work group.--The term ``Work Group'' means the 
        Highlands Stewardship Area Work Group established under section 
        6(c).

SEC. 5. ESTABLISHMENT OF HIGHLANDS STEWARDSHIP AREA.

    (a) Establishment.--The Secretary and the Secretary of the Interior 
shall establish the Highlands Stewardship Area in the Highlands region.
    (b) Consultation and Resource Analyses.--In establishing the 
Stewardship Area under subsection (a), the Secretary and the Secretary 
of the Interior shall--
            (1) consult with appropriate officials of the Federal 
        Government, the Governors and other appropriate officials of 
        the Highlands States, and units of local government; and
            (2) take into account the study, the update, and any 
        relevant State resource analyses.
    (c) Map.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary and the Secretary of the 
        Interior shall prepare a map depicting the Stewardship Area.
            (2) Availability.--The map shall be on file and available 
        for public inspection at the appropriate offices of the 
        Secretary and the Secretary of the Interior.

SEC. 6. OFFICE OF HIGHLANDS STEWARDSHIP.

    (a) Establishment.--The Secretary, in consultation with the Under 
Secretary of Agriculture for Natural Resources and Environment, the 
Chief of the Natural Resources Conservation Service, and the Chief of 
the Forest Service, shall establish within the Department of 
Agriculture the Office of Highlands Stewardship.
    (b) Duties.--The Office shall--
            (1) advise the Secretary, the Secretary of the Interior, 
        and the Governors of the States specified in subparagraphs (A) 
        through (D) of section 4(3) on priorities for--
                    (A) projects carried out with financial or 
                technical assistance under this section;
                    (B) land conservation partnership projects carried 
                out under section 7;
                    (C) research relating to the Highlands region; and
                    (D) policy and educational initiatives necessary to 
                implement the findings of the study and update; and
            (2) implement in the Stewardship Area--
                    (A) the strategies of the study and update; and
                    (B) in consultation with the Highlands States, 
                other studies consistent with the purposes of this Act.
    (c) Highlands Stewardship Area Work Group.--
            (1) Establishment.--The Secretary shall establish an 
        advisory committee to be known as the ``Highlands Stewardship 
        Area Work Group'' to assist the Office in implementing the 
        strategies of the studies and update referred to in subsection 
        (b).
            (2) Membership.--The Work Group shall be comprised of 
        members that represent various public and private interests 
        throughout the Stewardship Area, including private landowners 
        and representatives of private land trusts, conservation 
        groups, distributors of drinking water, academic institutions, 
        and units of local government, to be appointed by the 
        Secretary, in consultation with the Governors of the States 
        specified in subparagraphs (A) through (D) of section 4(3).
            (3) Duties.--The Work Group shall advise the Office, the 
        Secretary, and the Secretary of the Interior on the priorities 
        described in subsection (b)(1).
    (d) Financial and Technical Assistance.--
            (1) In general.--The Office may provide financial and 
        technical assistance to an eligible entity to carry out a 
        project to protect, restore, preserve, promote, or interpret 
        the natural, agricultural, historical, cultural, or 
        recreational resources of the Stewardship Area.
            (2) Priority.--In determining the priority for financial 
        and technical assistance under paragraph (1), the Office shall 
        consider the recommendations of the study and update.
            (3) Conditions.--
                    (A) In general.--The provision of financial 
                assistance under this subsection shall be subject to 
                the condition that the eligible entity enter into an 
                agreement with the Office that provides that if the 
                eligible entity converts, uses, or disposes of the 
                project for a purpose inconsistent with the purpose for 
                which the financial assistance was provided, as 
                determined by the Office, the United States shall be 
                entitled to reimbursement from the eligible 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 has increased the value of the land 
                        on which the project is carried out.
                    (B) Cost-sharing requirement.--The Federal share of 
                the cost of carrying out a project under this 
                subsection shall not exceed 50 percent of the total 
                cost of the project.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $2,000,000 for 
each of fiscal years 2004 through 2013, to remain available until 
expended.

SEC. 7. LAND CONSERVATION PARTNERSHIP PROJECTS.

    (a) In General.--The Secretary of the Interior, in consultation 
with units of local government, the Office, the Work Group, and the 
public, shall, from among proposed land conservation partnership 
projects submitted to the Secretary of the Interior by the Governors of 
the States specified in subparagraphs (A) through (D) of section 4(3), 
annually designate land conservation partnership projects that are 
eligible to receive financial assistance under this section.
    (b) Conditions.--
            (1) In general.--To be eligible for financial assistance 
        for a project under subsection (a), a Highlands State shall 
        enter into an agreement with the Secretary of the Interior 
        that--
                    (A) identifies--
                            (i) the Highlands State that will own or 
                        hold the land or interest in land that is the 
                        subject of the project; and
                            (ii) the source of funds to provide the 
                        non-Federal share under paragraph (2);
                    (B) provides that the Highlands State shall 
                permanently protect any land acquired as part of a land 
                conservation partnership project;
                    (C) describes management objectives for the land 
                that will ensure the permanent protection and use of 
                the land for the purpose for which the assistance was 
                provided;
                    (D) provides that if the Highlands State converts, 
                uses, or disposes of the 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--
                            (i) may file a civil action in an 
                        appropriate district court of the United States 
                        for specific performance of the conditions on 
                        financial assistance; and
                            (ii) shall be entitled to reimbursement 
                        from the Highlands State 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 
                                that is the subject of the project; and
                    (E) provides that use of the financial assistance 
                will be consistent with--
                            (i) the open space plan or greenway plan of 
                        the Highlands State in which the land 
                        conservation partnership project is being 
                        carried out; and
                            (ii) the findings and recommendations of 
                        the study and update.
            (2) Cost-sharing requirement.--The Federal share of the 
        cost of carrying out a land conservation partnership project 
        under this subsection shall not exceed 50 percent of the total 
        cost of the land conservation partnership project.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior from the general fund of 
the Treasury or the Land and Water Conservation Fund to carry out this 
section $25,000,000 for each of fiscal years 2004 through 2013, to 
remain available until expended.

SEC. 8. EFFECT.

    Nothing in this Act--
            (1) modifies, enlarges, or diminishes any authority of the 
        Federal Government, or any State or local government, to 
        regulate any use of land;
            (2) grants powers of zoning or land use control to an 
        entity established under this Act; or
            (3) authorizes an entity established under this Act to 
        interfere with--
                    (A) the right of any person with respect to private 
                property; or
                    (B) any local zoning ordinance or land use plan of 
                any local unit of government in the Stewardship Area.
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