[Congressional Record Volume 148, Number 97 (Wednesday, July 17, 2002)]
[Extensions of Remarks]
[Pages E1280-E1282]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


             INTRODUCTION OF THE HIGHLANDS STEWARDSHIP ACT

                                 ______
                                 

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                        Wednesday, July 17, 2002

  Mr. GILMAN. Mr. Speaker, I rise today to introduce the Highlands 
Stewardship Act of 2002, H.R. 5146, a new, cooperative approach to 
addressing urban sprawl in our Highlands region; an area which includes 
critical water supplies for three of our Nation's largest metropolitan 
areas.
  The Highlands region, stretching from eastern Pennsylvania, through 
New Jersey and New York, to northwestern Connecticut, includes the 
drinking water supply for over 11 million people, a wide diversity of 
significant rare and endangered plants, animals, and ecosystems 
agricultural and timber lands, historic sites and structures, and 
landscapes. It is estimated that one in twelve Americans live within 
two hours travel of the Highlands region and an astonishing 14 million 
people visit the more than 200,000 acres of public land in the 
Highlands region annually, exceeding visitation to even our Nation's 
most famous national parks. In 1992, the USDA Forest Service completed 
their Highlands Study which, among other things, found the region to be 
a ``landscape of national significance.''
  Mr. Speaker, ``Urban Sprawl'' and ``Smart Growth'' are modern terms 
coined by the environmental movement to describe the unsustainable 
growth patterns in certain suburban and rural areas throughout our 
Nation and efforts to promote sound planning initiatives. Anywhere that 
we witness population growth, from the northeast to the southwest, 
urban sprawl is or will become an issue important to communities and 
citizens. Urban sprawl can be readily addressed with effective and 
educated planning, proper zoning, and financial assistance. There is no 
better place for us to witness the impacts of urban sprawl, or to 
foresee future impacts, then in the Highlands region, where, it is 
estimated, that we are losing approximately 5,000 acres of Highlands 
land and resources, each year.
  As noted in the USDA Forest Service Highlands Study (1992), the draft 
Update (2002), and other State and local open space and planning 
reports, the Highlands region is being imminently threatened and that 
there is a national interest in protecting the natural, historical 
agricultural and economic benefits of the Highlands for the residents 
of, and visitors to, the region.
  Accordingly, in October of 2000, I hosted our Highlands Preservation 
Summit, which began our Highlands Preservation Initiative, a 
comprehensive effort to develop a proposal which would find a balance 
between the environmental and economic needs of the region and define 
what role the Federal Government should play in the Highlands.
  While I feel that it is inappropriate for the Federal Government to 
influence local decisionmaking matters, I firmly believe that the 
Federal Government can provide sound leadership by ensuring that our 
communities have the information and support needed to protect 
critical, regional resources. Moreover, it is important to undertake a 
partnership approach which does not infringe on private property rights 
or the ability of communities to make sovereign decisions.
  All of these components have been included in our Highlands 
Stewardship Act.
  In sum, our measure recognizes the national significance of the 
Highlands region by defining it as our Nation's first ``Stewardship 
Area,'' modeled after National Heritage Areas and underscoring the 
importance of the President's call for ``good stewardship'' and 
``cooperation'' where ``Private organizations, landowners, government 
at all levels are working with each other.'' The measure is broken into 
two provisions: Land Conservation and Office of Highlands Stewardship.
  In the ``Land Conservation'' provision, instead of using a ``Federal 
Government knows-best'' approach, this measure builds on the 
outstanding work already completed by our States in their open space 
plans. Using these existing plans, the Governors of each State work 
together with the Secretary of Interior to determine which projects 
should be funded from the federal-side of the Land and Water 
Conservation Fund (LWCF). We are also including flexibility for the use 
of these funds to allow for innovative conservation approaches, notably 
conservation easements, which allow the land to be protected, but at 
the same time to remain on local tax rolls.
  The use of Federal-side LWCF is the most contentious issue in this 
measure. However the Land and Water Conservation Fund Act of 1965 
provides for the acquisition of land, waters, or the interests in land 
and waters ``within the exterior boundaries of the National Park 
System'' and for ``endangered species and threatened species.'' As 
noted in our measure, the Highlands region contains or is adjacent to 
numerous Federal designations, including the Wallkill River National 
Wildlife Refuge, the Upper Delaware Scenic and Recreational River, the 
U.S. Military Academy at West Point, New York.
  Mr. Speaker, our Atlantic region benefits little from the Federal-
side of the Land and Water Conservation Fund. However, there is no 
appropriate Federal designation available to meet the diverse needs of 
the Highlands region. Moreover, time is of the essence in protecting 
this critical national treasure. Use of the Federal-side Land and Water 
Conservation Fund for the purposes described in this measure allows us 
to expeditiously access existing sources of assistance; ensures the 
funds are used for land preservation purposes of nationally significant 
lands; is justified by the findings of multiple State and Federal 
studies; protects resources in a manner which minimizes the acquisition 
of additional Federal lands and the need for additional Federal staff; 
and affords our Nation the opportunity to use a unique approach to 
addressing urban sprawl, an issue not known when the Land and Water 
Conservation Fund Act of 1965 was adopted.
  Mr. Speaker, our measure also authorizes the creation of an Office of 
Highlands Stewardship; designed to work with the States and 
communities, private landowners, including farmers, and individuals, 
ensuring that they have the information, resources, and support needed 
to protect the resources of this region. This includes technical and 
financia assistance for Highlands communities looking to update their 
master-plans or attempting to reduce non-point source pollution, 
support for farmers to reduce run-off, ensuring that towns and villages 
have scientific data and information on important Highlands issues, 
working with private landowners, etc. Various units of government could 
use the assistance for planning, carrying capacity analysis, smart 
growth initiatives, infrastructure assessments, appropriate economic 
development, eco-tourism, or the development of Smart Growth Resource 
Centers to develop a tool box for municipalities on Smart Growth and on 
environmental and land use education.
  Due to the multi-state nature of this region, it is important that we 
ensure that our communities have the opportunity to coordinate with 
each other and with a Federal entity to ask for information or 
assistance.
  Finally, this measure also creates a diverse working group of 
citizens, organizations, communities, and other interests in the region 
to consult with this office and with the states and act as guides to 
our agencies.
  In closing, Mr. Speaker, in view of the national significance of the 
Highlands, the Federal Government has a significant role in assisting 
the States in creating, protecting, conserving, preserving, and 
interpreting areas of significant natural, economic, historical and 
cultural importance in the Highlands.
  New York Governor Pataki, New Jersey Governor McGreevey, Pennsylvania 
Governor Schweiker, and Connecticut Governor Rowland are supportive of 
our measure. Our colleague in the Senate, the gentleman from New 
Jersey, Mr. Corzine is offering a companion

[[Page E1281]]

measure with the support of Senator Torricelli, Senator Schumer, and 
Senator Lieberman. Numerous local, regional, and national organizations 
are with us in this effort. We are gathering support from local 
governments, including mayors and county officials, and are bringing 
together a number of media outlets to help publicize this important 
initiative.
  Moreover, the ongoing drought has heightened public interest in 
protecting water supplies and offers an excellent opportunity to 
respond to this crisis.
  To encourage economic growth in locations and ways that are fiscally 
and environmentally sound, we must depend on quality infrastructure, 
mass transit systems, green spaces, water and recreational facilities, 
and comprehensive planning decisions. All of these components are 
necessary to provide good jobs, adequate services, livable 
neighborhoods, and are critical to the long-term health of the 
Highlands.
  The Highlands Stewardship Act recognizes the national significance of 
the Highlands region, builds on the work of the USDA Forest Service 
Highlands Regional Study and Update, the open space and other related 
plans of Highlands States, and relies on the partnership needed between 
Federal, State, local, and private entities to meet the present and 
future need of this important region.
  If you are interested in more information or in supporting this 
important measure, I invite my colleagues to contact Brian Walsh in my 
office at 202-225-3776.

                               H.R. 5146

       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 of 
     2002''.

     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 and 
     economically important area that--
       (A) provides clean drinking water to over 11,000,000 people 
     in metropolitan areas in the States of Connecticut, New 
     Jersey, New York, and Pennsylvania;
       (B) provides critical wildlife habitat, in eluding habitat 
     for 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--
       (i) recreational resources; and
       (ii) cultural and multicultural landscapes relating to the 
     development of commerce, transportation, the maritime 
     industry, agriculture, and industry in the Highlands region; 
     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 1,000,000 residents live in the Hlghlands 
     region;
       (5) the Highlands region forms a greenbelt adjacent to the 
     Philadephia-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 Highlands Regional Study conducted by the Forest 
     Service in 1990;
       (B) the New York-New Jersey Highlands Regional Assessment 
     Update conducted by the Forest Service in 2001;
       (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; and
       (J) the United States Military Academy at West Point, New 
     York;
       (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, and interpreting areas of significant natural, 
     economic, and cultural importance, and the national 
     significance of the Highlands region, the Federal Government 
     should, in partnership with the Highlands States, regional 
     entities, and units of local government in the Highlands 
     region, protect, restore, promote, preserve, and interpret 
     the natural, agricultural, historical, cultural, and economic 
     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, economy, and national significance 
     of the Highlands region to the United States;
       (2) to assist the Highlands States, regional entities, and 
     units of local government, public and private entities, and 
     individuals in protecting, restoring, preserving, 
     interpreting, and promoting the natural, agricultural, 
     historical, cultural, recreational, and economic resources of 
     the Highlands Stewardship Area;
       (3) to authorize the Secretary of Agriculture and the 
     Secretary of the Interior to provide financial and technical 
     assistance for the protection, conservation, preservation, 
     and sustainable management of forests, land, and water in the 
     Highlands region, including assistance for--
       (A) voluntary programs to promote and support private 
     landowners in carrying out forest land and open space 
     retention and sustainable management practices; and
       (B) forest-based economic development projects that support 
     sustainable management and retention of forest land in the 
     Highlands region;
       (4) to provide financial and technical assistance to the 
     Highlands States, regional entities, and units of local 
     government, and public and private entities for planning and 
     carrying out conservation, education, and recreational 
     programs and sustainable economic projects in 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 the Highlands 
     region.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Eligible entity.--The term ``eligible entity'' means 
     any agricultural producer, regional entity, unit of local 
     government, public entity, private entity, or other 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; and
       (D) the State of Pennsylvania.
       (4) Land conservation partnership project.--The term ``land 
     conservation partnership project'' means a project in which a 
     non-Federal entity acquires land or an interest in land from 
     a willing seller 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

[[Page E1282]]

     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, the Secretary and the Secretary of the 
     Interior shall--
       (1) consult with appropriate officials of the Federal 
     Government, Highlands States, regional entities, and units of 
     local government; and
       (2) utilize the study, the update, and 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, the Administrator of the Farm Service Agency, the 
     Chief of the Forest Service, and the Under Secretary for 
     Rural Development, shall establish within the Department of 
     Agriculture the Office of Highlands Stewardship.
       (b) Duties.--The Office shall implement in the Stewardship 
     Area--
       (1) the strategies of the study and update, and
       (2) 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 conservation groups, academic 
     institutions, local governments, and economic interests, to 
     be appointed by the Secretary, in consultation with the 
     Governors of the Highlands States.
       (3) Duties.--The Work Group shall advise the Office, the 
     Secretary, and the Secretary of the Interior 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.
       (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, 
     recreational, or economic 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 
     $7,000,000 for each of fiscal years 2004 through 2010, to 
     remain available until expended.

     SEC. 7. LAND CONSERVATION PARTNERSHIP PROJECTS.

       (a) In General.--The Secretary of the Interior, in 
     consultation with the Secretary, the Office, and the 
     Governors of the Highlands States, shall 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 
     under subsection (a), a non-Federal entity shall enter into 
     an agreement with the Secretary of the Interior that--
       (A) identifies--
       (i) the non-Federal entity that will own or hold the land 
     or interest in land; and
       (ii) the source of funds to provide the non-Federal share 
     under paragraph (2);
       (B) provides that if the non-Federal entity 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 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
       (C) provides that use of the financial assistance will be 
     consistent with--
       (i) the open space plan or other 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.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of the Interior from 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.
       (2) Use of land and water conservation fund.--
     Appropriations from the Land and Water Conservation Fund 
     under paragraph (1) shall be considered to be for Federal 
     purposes under section 5 of the Land and Water Conservation 
     Fund Act of 1965 (16 U.S.C. 460l-7).

     

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