[House Report 117-296]
[From the U.S. Government Publishing Office]


117th Congress    }                                 {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                 {      117-296

======================================================================



 
              HIGHLANDS CONSERVATION REAUTHORIZATION ACT 
                                OF 2021

                                _______
                                

 April 25, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2793]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2793) to reauthorize the Highlands Conservation 
Act, to authorize States to use funds from that Act for 
administrative purposes, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Highlands Conservation Reauthorization 
Act of 2021''.

SEC. 2. REAUTHORIZATION OF THE HIGHLANDS CONSERVATION ACT.

  The Highlands Conservation Act (Public Law 108-421; 118 Stat. 2375) 
is amended--
          (1) in section 3--
                  (A) by amending paragraph (1) to read as follows:
          ``(1) Highlands region.--The term `Highlands region' means--
                  ``(A) the area depicted on the map entitled `The 
                Highlands Region', dated June 2004, updated after the 
                date of enactment of the Highlands Conservation 
                Reauthorization Act of 2021 to comprise each 
                municipality included on the list of municipalities 
                included in the Highlands region as of that date of 
                enactment, and maintained in the headquarters of the 
                Forest Service in Washington, District of Columbia; and
                  ``(B) a municipality approved by the Director of the 
                United States Fish and Wildlife Service under section 
                4(e).'';
                  (B) in paragraph (3), by amending subparagraph (B) to 
                read as follows:
                  ``(B) identified by a Highlands State as having high 
                conservation value using the best available science and 
                geographic information systems; and'';
                  (C) in paragraph (4)(A), by striking ``; or'' and 
                inserting ``, including a political subdivision 
                thereof; or''; and
                  (D) by striking paragraphs (5) through (7);
          (2) in section 4--
                  (A) in subsection (a)(1), by striking ``in the 
                Study'' and all that follows through the end of the 
                paragraph and inserting ``using the best available 
                science and geographic information systems; and'';
                  (B) in subsection (c), by amending paragraph (5) to 
                read as follows:
          ``(5) provides that land conservation partnership projects 
        will be consistent with areas identified as having high 
        conservation value in accordance with the purposes described in 
        section 2 in the Highlands region.'';
                  (C) in subsection (e), by striking ``fiscal years 
                2005 through 2021'' and inserting ``fiscal years 2022 
                through 2028'';
                  (D) by redesignating subsection (e) as subsection 
                (g); and
                  (E) by inserting after subsection (d) the following:
  ``(e) Request for Inclusion of Additional Municipality.--The Director 
of the United States Fish and Wildlife Service may, at the request of a 
Highlands State, with the concurrence of the municipality, approve the 
inclusion of a municipality within the State as part of the Highlands 
region.
  ``(f) Limitation on Administrative Expenses.--
          ``(1) Federal administration.--The Secretary of the Interior 
        may not expend more than $300,000 for the administration of 
        this Act in each fiscal year.
          ``(2) State administration.--A State that receives funds 
        under this section for a land conservation partnership project 
        may not use more than 5 percent of the funds to administer the 
        land conservation partnership project.'';
          (3) in section 5--
                  (A) in subsection (a), by striking ``the Study, 
                Update, and any future study that the Forest Service 
                may undertake in'';
                  (B) in subsection (b)--
                          (i) in paragraph (1), by striking ``, 
                        including a Pennsylvania and Connecticut 
                        Update''; and
                          (ii) in paragraph (2), by striking ``the 
                        findings'' and all that follows through the end 
                        of the paragraph and inserting ``with 
                        stakeholders regarding implementation of the 
                        program; and''; and
                  (C) in subsection (c), by striking ``2005 through 
                2014'' and inserting ``2022 through 2028''; and
          (4) in section 6, by adding at the end the following:
  ``(f) Appraisal Methodology.--
          ``(1) In general.--With respect to an appraisal related to a 
        land acquisition carried out under this Act, a Highlands State 
        shall use an appraisal methodology approved by the Secretary of 
        the Interior.
          ``(2) Alternative appraisal methodology.--A Highlands State 
        may petition the Secretary of the Interior to consider an 
        alternative appraisal methodology when there is a conflict, in 
        any Highlands State, between--
                  ``(A) an appraisal methodology approved by the 
                Secretary of the Interior under paragraph (1); and
                  ``(B) applicable State law.''.

                          Purpose of the Bill

    The purpose of H.R. 2793 is to reauthorize the Highlands 
Conservation Act and to authorize States to use funds from that 
Act for administrative purposes.

                  Background and Need for Legislation

    The Highlands area covers 3.4 million acres in Connecticut, 
New Jersey, New York, and Pennsylvania. The deciduous and 
coniferous forests, streams, and lakes of the Highlands yield 
benefits and resources to millions of Americans and thousands 
of plant and animal species. One in nine Americans lives within 
a two-hour drive of the Highlands,\1\ and millions benefit from 
its clean water, clean air, forested habitats, and recreational 
and cultural resources. In 2004, the Highlands Conservation 
Act\2\ was signed into law, establishing a program under the 
Land and Water Conservation Fund for state agencies to purchase 
and conserve land in the Highlands from willing sellers. In 
addition, it authorized the Fish and Wildlife Service (FWS) and 
the U.S. Forest Service (USFS) to provide financial assistance 
to the Highland states, local governments, nonprofits, and 
private forest and farm landowners to conserve the land and 
natural resources of the Highlands region. Since the Act's 
passage, more than $20 million in federal funds, matched by 
$44.3 million in non-federal funds, has been awarded to 
permanently protect 12,776 acres of land.\3\ The program's 
authorization expired in 2014, but funds have still been 
appropriated each year.
---------------------------------------------------------------------------
    \1\See Highlands Conservation Act Grant Program, About Us, U.S. 
Fish & Wildlife Serv., https://www.fws.gov/program/highlands-
conservation-act-grant/about-us (last visited Apr.11, 2022), of which 
the above text is largely excerpts.
    \2\Pub. L. No.108-421, 118 Stat. 2375 (2004), https://
uscode.house.gov/statviewer.htm?
volume=118&page=2375 (not codified).
    \3\Highlands Conservation Act Grant Program, About Us, supra note 
1.
---------------------------------------------------------------------------
    H.R. 2793 will improve upon the well-known land 
conservation partnership projects funded by the Highlands 
Conservation Act Grant Program and reauthorize the FWS program 
through 2028 at $10 million per year. There is a limitation on 
administrative expenses for FWS at $300,000 per year and 5% of 
received funds for each state's administration. The bill 
updates the list of included municipalities and information on 
which geographic areas are ecologically connected. It also 
includes a petition process for states to nominate new areas to 
be included in the Highlands region so that they are eligible 
to receive assistance under the Highlands Conservation Act. The 
petition process will remain open on a rolling basis to 
eliminate possible bottlenecks. The bill will also enable the 
Highland States to determine areas of high conservation value 
using the best available science and geographic information 
systems. Finally, the bill would authorize $1 million annual 
through 2028 for the USFS to assist states with the 
conservation of private farms and forests.

                            Committee Action

    H.R. 2793 was introduced on April 22, 2021, by 
Representative Sean Patrick Maloney (D-NY). The bill was 
referred solely to the Committee on Natural Resources, and 
within the Committee to the Subcommittee on Water, Oceans, and 
Wildlife. On July 29, 2021, the Subcommittee held a hearing on 
the bill. On January 19, 2022, the Natural Resources Committee 
met to consider the bill. The Subcommittee was discharged by 
unanimous consent. Chair Raul M. Grijalva (D-AZ) offered an 
amendment. The amendment was agreed to by unanimous consent. 
The bill, as amended, was adopted and ordered favorably 
reported to the House of Representatives by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Oceans, and Wildlife held 
on July 29, 2021.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

           Compliance with House Rule XIII and Congressional 
                               Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 10, 2022.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2793, the 
Highlands Conservation Reauthorization Act of 2021.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    
    	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 2793 would authorize the appropriation of $10 million 
annually over the 2022-2028 period for the U.S. Fish and 
Wildlife Service (USFWS) to award grants to Connecticut, New 
Jersey, New York, and Pennsylvania for the acquisition and 
conservation of land within the Highlands Region. The bill also 
would authorize the appropriation of $1 million annually over 
the 2022-2028 period for the Forest Service to assist those 
states with conservation of farms and forests on private land.
    For this estimate, CBO assumes that the bill will be 
enacted late in fiscal year 2022 and that the authorized 
amounts will be provided each year. Using information from 
USFWS and based on historical spending patterns for similar 
activities, CBO estimates that implementing H.R. 2793 would 
cost $37 million over the 2022-2026 period and $40 million 
after 2026.
    In 2021, USFWS allocated $10 million from the Land and 
Water Conservation Fund for grants to states for acquisition 
and conservation of land in the Highlands Region. (Amounts in 
the fund are available to USFWS and other land management 
agencies without further appropriation.) CBO estimates that if 
the bill was enacted, amounts authorized to be provided in 
subsequent appropriation acts would be additional to amounts 
allocated from the fund; thus, enacting H.R. 2793 would have no 
effect on that direct spending.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 300 (natural resources and environment).

                                   TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 2793
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         By fiscal year, millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2022   2023   2024   2025   2026   2027   2028   2029   2030   2031  2022-2026  2022-2031
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Increases in Spending Subject to Appropriation
 
U.S. Fish and Wildlife Service:
    Authorization...........................................     10     10     10     10     10     10     10      0      0      0       50         70
    Estimated Outlays.......................................      *      5      8     10     10     10     10     10     45      2       33         70
Forest Service:
    Authorization...........................................      1      1      1      1      1      1      1      0      0      0        5          7
    Estimated Outlays.......................................      *      1      1      1      1      1      1      1      0      0        4          7
    Total Changes:
        Authorization.......................................     11     11     11     11     11     11     11      0      0      0       55         77
        Estimated Outlays...................................      *      6      9     11     11     11     11     11      5      2       37         77
--------------------------------------------------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.

    On February 25, 2022, CBO transmitted a cost estimate for 
S. 753, the Highlands Conservation Reauthorization Act of 2021, 
as ordered reported by the Senate Committee on Energy and 
Natural Resources on November 18, 2021. The two bills are 
similar; however, S. 753 would authorize the appropriation of 
$10 million more each year for USFWS than H.R. 2793. CBO's cost 
estimate for each bill reflects the difference in the 
authorized amounts.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to reauthorize the Highlands 
Conservation Act and to authorize States to use funds from that 
Act for administrative purposes.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to CBO, this bill contains no unfunded mandates 
as defined by the Unfunded Mandates Reform Act.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program. Such program was not included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139. The most recent Catalog of 
Federal Domestic Assistance published pursuant to 31 U.S.C. 
Sec. 6104 does not identify other programs as related to the 
Highlands Conservation program (CFDA No. 15.667) reauthorized 
by this bill.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                       HIGHLANDS CONSERVATION ACT




           *       *       *       *       *       *       *
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.]
          (1) Highlands region.--The term ``Highlands region'' 
        means--
                  (A) the area depicted on the map entitled 
                ``The Highlands Region'', dated June 2004, 
                updated after the date of enactment of the 
                Highlands Conservation Reauthorization Act of 
                2021 to comprise each municipality included on 
                the list of municipalities included in the 
                Highlands region as of that date of enactment, 
                and maintained in the headquarters of the 
                Forest Service in Washington, District of 
                Columbia; and
                  (B) a municipality approved by the Director 
                of the United States Fish and Wildlife Service 
                under section 4(e).
          (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]
                  (B) identified by a Highlands State as having 
                high conservation value using the best 
                available science and geographic information 
                systems; 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], including a 
                political subdivision thereof; 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] using the best available science and geographic 
        information systems; 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.]
          (5) provides that land conservation partnership 
        projects will be consistent with areas identified as 
        having high conservation value in accordance with the 
        purposes described in section 2 in the Highlands 
        region.
  (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) Request for Inclusion of Additional Municipality.--The 
Director of the United States Fish and Wildlife Service may, at 
the request of a Highlands State, with the concurrence of the 
municipality, approve the inclusion of a municipality within 
the State as part of the Highlands region.
  (f) Limitation on Administrative Expenses.--
          (1) Federal administration.--The Secretary of the 
        Interior may not expend more than $300,000 for the 
        administration of this Act in each fiscal year.
          (2) State administration.--A State that receives 
        funds under this section for a land conservation 
        partnership project may not use more than 5 percent of 
        the funds to administer the land conservation 
        partnership project.
  [(e)] (g) 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 2021] fiscal 
years 2022 through 2028, 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] with stakeholders 
        regarding implementation of the program; 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] 2022 through 2028.

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.
  (f) Appraisal Methodology.--
          (1) In general.--With respect to an appraisal related 
        to a land acquisition carried out under this Act, a 
        Highlands State shall use an appraisal methodology 
        approved by the Secretary of the Interior.
          (2) Alternative appraisal methodology.--A Highlands 
        State may petition the Secretary of the Interior to 
        consider an alternative appraisal methodology when 
        there is a conflict, in any Highlands State, between--
                  (A) an appraisal methodology approved by the 
                Secretary of the Interior under paragraph (1); 
                and
                  (B) applicable State law.

        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]