[Congressional Record Volume 150, Number 132 (Wednesday, November 17, 2004)]
[House]
[Pages H9826-H9828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HIGHLANDS CONSERVATION ACT
Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to 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.
The Clerk read as follows:
Senate amendment: Strike out all after the enacting clause
and insert:
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.
[[Page H9827]]
(b) Consideration of Projects.--Each year, the Secretary of
the Interior, in consultation with the Secretary of
Agriculture, shall submit to Congress a list of the land
conservation partnership projects submitted under subsection
(a)(2) that are eligible to receive financial assistance
under this section.
(c) Eligibility Conditions.--To be eligible for financial
assistance under this section for a land conservation
partnership project, a non-Federal entity shall enter into an
agreement with the Secretary of the Interior that--
(1) identifies the non-Federal entity that shall own or
hold and manage the land or interest in land;
(2) identifies the source of funds to provide the non-
Federal share under subsection (d);
(3) describes the management objectives for the land that
will ensure permanent protection and use of the land for the
purpose for which the assistance will be provided;
(4) provides that, if the non-Federal entity converts,
uses, or disposes of the land conservation partnership
project for a purpose inconsistent with the purpose for which
the assistance was provided, as determined by the Secretary
of the Interior, the United States--
(A) may seek specific performance of the conditions of
financial assistance in accordance with paragraph (3) in
Federal court; and
(B) shall be entitled to reimbursement from the non-Federal
entity in an amount that is, as determined at the time of
conversion, use, or disposal, the greater of--
(i) the total amount of the financial assistance provided
for the project by the Federal Government under this section;
or
(ii) the amount by which the financial assistance increased
the value of the land or interest in land; and
(5) provides that land conservation partnership projects
will be consistent with areas identified as having high
conservation value in--
(A) the Important Areas portion of the Study;
(B) the Conservation Focal Areas portion of the Update;
(C) the Conservation Priorities portion of the Update;
(D) land identified as having higher or highest resource
value in the Conservation Values Assessment portion of the
Update; and
(E) land identified as having high conservation value in
the Pennsylvania and Connecticut Update.
(d) Non-Federal Share Requirement.--The Federal share of
the cost of carrying out a land conservation partnership
project under this section shall not exceed 50 percent of the
total cost of the land conservation partnership project.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of the Interior
$10,000,000 for each of fiscal years 2005 through 2014, to
remain available until expended.
SEC. 5. FOREST SERVICE AND USDA PROGRAMS IN THE HIGHLANDS
REGION.
(a) In General.--To meet the land resource goals of, and
the scientific and conservation challenges identified in, the
Study, Update, and any future study that the Forest Service
may undertake in the Highlands region, the Secretary of
Agriculture, acting through the Chief of the Forest Service
and in consultation with the Chief of the National Resources
Conservation Service, shall continue to assist the Highlands
States, local units of government, and private forest and
farm landowners in the conservation of land and natural
resources in the Highlands region.
(b) Duties.--The Forest Service shall--
(1) in consultation with the Highlands States, undertake
other studies and research in the Highlands region consistent
with the purposes of this Act, including a Pennsylvania and
Connecticut Update;
(2) communicate the findings of the Study and Update and
maintain a public dialogue regarding implementation of the
Study and Update; and
(3) assist the Highland States, local units of government,
individual landowners, and private organizations in
identifying and using Forest Service and other technical and
financial assistance programs of the Department of
Agriculture.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Agriculture to carry
out this section $1,000,000 for each of fiscal years 2005
through 2014.
SEC. 6. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY
EFFECT.
(a) Access to Private Property.--Nothing in this Act--
(1) requires a private property owner to permit public
access (including Federal, State, or local government access)
to private property; or
(2) modifies any provision of Federal, State, or local law
with regard to public access to, or use of, private land.
(b) Liability.--Nothing in this Act creates any liability,
or has any effect on liability under any other law, of a
private property owner with respect to any persons injured on
the private property.
(c) Recognition of Authority To Control Land Use.--Nothing
in this Act modifies any authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners.--Nothing in
this Act requires the owner of any private property located
in the Highlands region to participate in the land
conservation, financial, or technical assistance or any other
programs established under this Act.
(e) Purchase of Land or Interests in Land From Willing
Sellers Only.--Funds appropriated to carry out this Act shall
be used to purchase land or interests in land only from
willing sellers.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Nevada (Mr. Gibbons) and the gentlewoman from the Virgin Islands (Mrs.
Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from Nevada (Mr. Gibbons).
General Leave
Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Nevada?
There was no objection.
Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
H.R. 1964, introduced by the gentleman from New Jersey (Mr.
Frelinghuysen), our friend and colleague, passed this House on November
11, 2003. It was subsequently amended and passed by the Senate.
H.R. 1964 would authorize the Secretaries of the Interior and
Agriculture to provide financial assistance to the States of New York,
New Jersey, Connecticut and Pennsylvania to preserve and protect high-
priority conservation lands in the Highlands region. This geographic
region encompasses over 3 million acres of land stretching from western
Connecticut across the lower Hudson River Valley and northern New
Jersey into northeastern Pennsylvania.
Not only has the U.S. Forest Service documented the national
significance of the Highlands area in two extensive studies in 1990 and
2002, but the administration in its 2004 budget recognized the New
York-New Jersey Highlands forest area as one of nine priority forest
areas in the country that are currently threatened by urbanization.
I urge adoption of the bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
(Mrs. CHRISTENSEN asked and was given permission to revise and extend
her remarks.)
Mrs. CHRISTENSEN. Mr. Speaker, H.R. 1964 originally passed the House
last November and has been returned to the House with amendments by the
Senate to clarify the scope of the legislation. Even with the Senate
changes, the legislation remains a sweeping conservation and
preservation mandate for a large area across four States.
Mr. Speaker, we support the goals of H.R. 1964 and do not object to
its consideration by the House today.
Mr. Speaker, I reserve the balance of my time.
Mr. GIBBONS. Mr. Speaker, I yield as much time as he may consume to
the gentleman from New Jersey (Mr. Frelinghuysen).
(Mr. FRELINGHUYSEN asked and was given permission to revise and
extend his remarks.)
Mr. FRELINGHUYSEN. Mr. Speaker, I thank the gentleman from Nevada and
all members of the House Committee on Resources for their support and
guidance on this bill, particularly the gentleman from California
(Chairman Pombo) who has been with me every step of the way over the
last couple of years, and this has been a work in progress for over 4
years.
I would also like to take this opportunity to thank the gentleman
from Virginia (Mr. Goodlatte), chairman of the Committee on
Agriculture, for his support of this legislation, as well as the staffs
of both committees and the many cosponsors from the four mentioned
States for their hard work and, particularly, the gentleman from
California (Mr. Radanovich), the chairman of the Subcommittee on
National Parks, Recreation and Public Lands, as well.
A special kudos to my colleague from New Jersey (Mr. Saxton) who is a
member of the Committee on Resources, for his particular guidance and
support and his ability to articulate with his committee colleagues the
case for this bill.
The leadership of all of these individuals has been extremely
invaluable.
The Highlands Conservation Act represents a major Federal commitment
to preserve more open space and protect water supplies in the
northeastern part of these United States. While remaining mindful of
property rights, this bill compliments ongoing State, local and private
partnerships to preserve open space.
[[Page H9828]]
Federal support and the passage of this Act this afternoon presents a
unique substantive and symbolic opportunity for our government once
again to express its commitment to preserving our natural resources.
Mr. Speaker, the Highlands, as was said earlier, is one of last open
space treasures in the most densely populated area of the United
States. In New Jersey alone, my home State, it includes more than a
million acres of forest, farms, streams, wetlands, lakes, reservoirs
and historic sites.
Mr. Speaker, the Highlands Conservation Act is a national priority,
as has been mentioned, and a major imperative. Passage of this Act will
give the people of New Jersey, New York, Connecticut and Pennsylvania
more of the tools they need to preserve and protect these remarkable
resources and assets.
I thank the gentleman from California (Mr. Pombo), the chairman, and
the gentleman from Nevada (Mr. Gibbons) for their support and the work
of their committee and staff and urge adoption of the bill.
Mrs. CHRISTENSEN. Mr. Speaker, I yield such time as he may consume to
the gentleman from New York (Mr. Engel).
Mr. ENGEL. Mr. Speaker, I rise in strong support of H.R. 1964. I
thank the chairs and ranking members of the Committee on Resources who
ushered this bill through the process, and I want to thank the author
of this bill, the gentleman from New Jersey (Mr. Frelinghuysen) for his
stalwart support.
The Highlands is a vast area of land which stretches from Connecticut
to Pennsylvania, and my district is smack in the middle of it in New
York. The Highlands run through Rockland County, which is home to some
of New York's great history, scenic areas and wildlife, too. In fact,
1.4 million people live within the Highlands area. The Highlands adjoin
a metropolitan area with a population of more than 20 million people,
and more than 11 million people rely on the Highlands drinking water
resources, which serves at least half of New York City's water supply.
More than 14 million people visit the Highlands each year for
recreational opportunities as well. Over 240 species of birds, mammals,
amphibians, and reptiles depend on Highlands habitat. More than 160
historical and cultural sites have been identified in the region. Thus,
I thank my colleagues for their support in preserving this important
resource for our constituents and visitors as well.
Mr. HOLT. Mr. Speaker, I rise today in support of the Highlands
Conservation Act.
My constituents, like most people around the state of New Jersey,
have seen the ills of sprawl and the consequences of poor planning and
meager preservation efforts. Most of us are surrounded by rampant
commercial and industrial development in New Jersey.
Despite the overdevelopment of our state, unique areas of beauty and
open space remain. One such tract of land, the Highlands Region, will
be saved through today's legislation.
The Highlands is an incredible 2 million acre swath across four
states--New Jersey, New York, Connecticut, and Pennsylvania. This tract
is home to nearly one and a half million people and is still a quick
drive away from New York City and other major metropolitan areas.
Even more importantly, the Highlands provides and protects the
drinking water supplies for over 15 million people who live in the
Philadelphia-New York-Hartford metropolitan area, which cuts right
through my central New Jersey district. Protecting these valuable water
sources now will save the Federal government untold millions in future
costs associated with building more treatment plants for the nation's
most densely populated metropolitan area.
The Highlands Conservation Act authorizes the use of federal Land and
Water Conservation Fund money to preserve and protect this area. This
legislation fosters community involvement in the future of this region
by allowing the governors of the four Highlands states to identify
which lands are best eligible for conservation efforts. This act also
increases local and state investment in this project by requiring that
federal funds be matched dollar for dollar by local, state, and private
funding sources. I am confident that the governor and the residents of
New Jersey are eager to begin identifying and planning for the future
of this green space in New Jersey.
In addition to monetary assistance to preserve the Highlands, this
bill will provide technical assistance to communities and organizations
involved in conservation efforts in the region. So many people have
already done so much to help preserve this area, and they will now get
the added benefit of assistance and expertise from the federal
government.
I would like to take this opportunity to recognize Mr. Frelinghuysen
for his leadership on this issue and his hard work in getting this
legislation to the floor. His tireless effort will ensure that future
generations will have the opportunity to enjoy the beauty of region.
I am pleased that the House of Representatives is considering this
legislation today. This bill means a lot to New Jersey, and I urge my
colleagues to support it.
Mrs. CHRISTENSEN. Mr. Speaker, I have no further speakers, and I
yield back the balance of my time.
Mr. GIBBONS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of our time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules
and concur in the Senate amendment to the bill, H.R. 1964.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate amendment was
concurred in.
A motion to reconsider was laid on the table.
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