[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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