[Congressional Record Volume 150, Number 129 (Sunday, October 10, 2004)]
[Senate]
[Pages S11178-S11180]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S11178]]
                       HIGHLANDS CONSERVATION ACT

  The Senate proceeded to consider the bill (H.R. 1964) 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, which had been reported from the 
Committee on Energy and Natural Resources, with an amendment to strike 
all after the enacting clause and insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                               H.R. 1964

       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 Conservation 
     Act''.

     [SEC. 2. FINDINGS.

       [Congress finds the following--
       [(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.
       [(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 million 
     visitors annually;
       [(E) provides other significant ecological, natural, 
     tourism, recreational, educational, and economic benefits; 
     and
       [(F) provides homeownership opportunities and access to 
     affordable housing that is safe, clean, and healthy.
       [(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 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.
       [(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 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.
       [(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, or restore 
     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 Millenium Trail;
       [(L) the Great Swamp National Wildlife Refuge;
       [(M) the proposed Crossroads of the Revolution National 
     Heritage Area;
       [(N) the proposed Musconetcong National Scenic and 
     Recreational River in New Jersey; and
       [(O) the Farmington River Wild and Scenic Area in 
     Connecticut.
       [(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.
       [(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.
       [(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.

     [SEC. 3. PURPOSES.

       [The purposes of this Act are as follows:
       [(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.
       [(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.
       [(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.

     [SEC. 4. DEFINITIONS.

       [In this Act:
       [(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.
       [(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;
       [(D) the State of Pennsylvania; and
       [(E) any agency or department of any Highlands State.
       [(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.
       [(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.
       [(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.

     [SEC. 5. LAND CONSERVATION PARTNERSHIP PROJECTS IN THE 
                   HIGHLANDS REGION.

       [(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.
       [(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.
       [(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 required under subsection (d);
       [(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;

[[Page S11179]]

       [(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--
       [(A) the total amount of the financial assistance provided 
     for the project by the Federal Government under this section; 
     or
       [(B) 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 the following:
       [(A) Important Areas portion of the Forest Service study.
       [(B) Conservation Focal Areas portion of the Forest Service 
     update.
       [(C) Conservation Priorities portion of the update.
       [(D) Lands identified as having higher or highest resource 
     value in the Conservation Values Assessment portion of the 
     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 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.

     [SEC. 6. FOREST SERVICE AND USDA PROGRAMS IN THE HIGHLANDS 
                   REGION.

       [(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.
       [(b) Duties.--The Forest Service shall--
       [(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;
       [(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 the fiscal years 2005 
     through 2014.

     [SEC. 7. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY 
                   EFFECT.

       [(a) Access to Private Property.--Nothing in this Act shall 
     be construed to--
       [(1) require any private property owner to permit public 
     access (including Federal, State, or local government access) 
     to such private property; and
       [(2) modify any provision of Federal, State, or local law 
     with regard to public access to or use of private lands.
       [(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.
       [(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.
       [(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.
       [(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.]

     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.

[[Page S11180]]

       (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.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (H.R. 1964), as amended, was read the third time and passed.

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