[Congressional Record Volume 149, Number 66 (Tuesday, May 6, 2003)]
[Senate]
[Pages S5775-S5777]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORZINE (for himself, Mr. Lautenberg, Mr. Specter, Mr. 
        Schumer, Mr. Dodd, Mrs. Clinton, and Mr. Lieberman):
  S. 999. A bill to establish the Highlands Stewardship Area in the 
States of Connecticut, New Jersey, New York, and Pennsylvania, and for 
other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mr. CORZINE. Mr. President, today along with Senators Lautenberg, 
Specter, Schumer, Dodd, Clinton and Lieberman, I am introducing the 
Highlands Stewardship Act. I am proud to be joining Congressman Rodney 
Frelinghuysen and other colleagues from the New Jersey, New York, and 
Connecticut congressional delegations, who are introducing identical 
legislation in the House of Representatives.
  This legislation would help to preserve one of the last open space 
treasures in this country, the Highlands forest region that stretches 
from northwestern Connecticut, across the lower Hudson River valley in 
New York, through my State of New Jersey and into east-central 
Pennsylvania. This region encompasses more than 2 million acres of 
forests, farms, streams, wetlands, lakes and reservoirs and historic 
sites. It includes the Green, Taconic and Notre Dame Mountains. It also 
includes such historic sites as Morristown National Historic Park and 
West Point.
  The value of the ecological, recreational and scenic resources of the 
Highlands cannot be overstated. One hundred seventy million gallons are 
drawn from the Highlands aquifers daily, providing quality drinking 
water for over 11 million people. Two hundred forty seven threatened or 
endangered species live in the Highlands including the timber 
rattlesnake, wood turtle, red-shouldered hawk, barred owl, great blue 
heron and eastern wood rat. There also are many fishing, hiking and 
boating recreation opportunities in the Highlands that are used by many 
of the 1 in 12 Americans who live within 2 hours of travel of the 
Highlands.
  Unfortunately, much of Highlands is quickly vanishing. According to 
the most recent study issued by the United States Department of 
Agriculture, we have lost over 3,000 acres of forest and 1,600 acres of 
farmland in New York and New Jersey sections of the Highlands annually 
to development between 1995 and 2000.
  This legislation would designate a Stewardship Area amongst the four 
States in order to protect the most important Highlands projects. It 
would create a source of funding for conservation and preservation 
projects in the Highlands to preserve and protect the open space that 
remains. Two million dollars a year for 10 years would be provided for 
conservation assistance projects in the four Highlands States. This 
funding could be used for items such as smart growth initiatives and 
cultural preservation projects. Twenty-five million dollars a year over 
10 years

[[Page S5776]]

also would be provided for open space preservation projects in the four 
Highlands states. The source of this funding would be the Land and 
Water Conservation Fund.
  I am proud to introduce this legislation to ensure that we protect 
this resource, which is so critical to our quality of life, and I ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 999

       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

[[Page S5777]]

       (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.
                                 ______