[Senate Report 117-89]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 296
117th Congress      }                                    {      Report
                                 SENATE
 2d Session         }                                    {      117-89

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



 
                 HIGHLANDS CONSERVATION REAUTHORIZATION

                                _______
                                

                 March 2, 2022.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 753]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 753), 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.

                               Amendment

    The amendment is as follows:
    On page 4, line 5, strike ``Highlands State,'' and insert 
``Highlands State, with the concurrence of the municipality,''.

                                Purpose

    The purpose of S. 753 is to amend the Highlands 
Conservation Act (Public Law 108-42), to authorize Federal 
matching funds through fiscal year 2028, and to update and 
clarify other provisions of the Act.

                          Background and Need

    Congress enacted the Highlands Conservation Act in 2004 to 
recognize the importance of the water, forest, agricultural, 
wildlife, recreational, and cultural resources of the Highlands 
region, which extends from Connecticut through New Jersey, New 
York, and Pennsylvania. Under the Act, the Secretary of the 
Interior (through the U.S. Fish and Wildlife Service) is 
authorized to provide matching funds to help fund land 
conservation partnership projects.
    Grants are typically awarded to state agencies, but the 
project must identify a non-federal entity that will own, hold, 
or manage the land (or easement) to be acquired. The project 
must be in an area of the Highlands region identified as having 
high conservation value and must describe the management 
objectives that will ensure permanent protection and 
appropriate use of the land.
    The funding authorization under the Highlands Conservation 
Act expired at the end of fiscal year 2014, although additional 
funds have continued to be appropriated. The Act authorized $10 
million in Federal funds each year; S. 753 would increase that 
authorization to $20 million annually. To date over $56 million 
has been appropriated for the program.

                          Legislative History

    Senators Murphy, Gillibrand, Blumenthal, and Casey 
introduced S. 753 on March 16, 2021. Senator Booker also joined 
as a cosponsor. The Subcommittee on Natural Parks held a 
hearing on the bill on June 23, 2021. Senator Gillibrand 
introduced similar legislation in the 115th Congress, although 
no action was taken on the bill. An identical bill, H.R. 2793, 
was introduced in the House by Representative Maloney, along 
with 18 original cosponsors, on April 22, 2021. Five additional 
cosponsors also later joined. The House Natural Resources 
Subcommittee on Water, Oceans, and Wildlife held a hearing on 
the bill on July 29, 2021. The bill was ordered to be reported 
by the House Committee on Natural Resources with an amendment 
by unanimous consent on January 19, 2022.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 18, 2021, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
753, if amended as described herein. Senator Lee asked to be 
recorded as voting no.

                          Committee Amendment

    During its consideration of S. 753, the Committee adopted a 
clarifying amendment to the bill that requires the consent of a 
municipality before it can be included in the Highlands Region.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the short title, the ``Highlands 
Conservation Reauthorization Act of 2021.''

Section 2. Reauthorization of the Highlands Conservation Act

    Section 2 amends section 3 of the Highlands Conservation 
Act (Public Law 108-421) to update the map of the Highlands 
Region. The section reauthorizes the Highlands Conservation Act 
through fiscal year 2028 and changes the annual appropriations 
ceiling from $10 million to $20 million.
    As ordered reported, the section authorizes the Fish and 
Wildlife Service to add a municipality to the Highlands region 
upon the request of a Highlands state, and with the consent of 
the municipality. The section adds a provision limiting the 
amount of funds the Department of the Interior can use on 
administrative purposes to not more than $300,000. Highlands 
States are limited to using not more than 5 percent of 
appropriated funds.
    The section amends section 6 of the Act to authorize a 
State to petition the Secretary to use alternative land 
appraisal methodologies where there is a conflict between 
federal appraisal standards and state law.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 753 would authorize the appropriation of $20 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 S. 753 would cost 
$69 million over the 2022-2026 period and $78 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 S. 753 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).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         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...........................................     20     20     20     20     20     20     20      0      0      0       100        140
    Estimated Outlays.......................................      *     10     15     20     20     20     20     15     15      5        65        140
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...........................................     21     21     21     21     21     21     21      0      0      0       105        147
    Estimated Outlays.......................................      *     11     16     21     21     21     21     16     15      5        69        147
--------------------------------------------------------------------------------------------------------------------------------------------------------
*= between zero and $500,000.

    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 753. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy. Little, if any, additional paperwork would 
result from the enactment of S. 753, as ordered reported.

                   Congressionally Directed Spending

    S. 753, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of the Interior at 
the June 23, 2021, hearing on S. 753 follows:

  Statement of Mr. Michael Caldwell, Acting Associate Director, Park 
Planning, Facilities, and Lands, National Park Service, U.S. Department 
                            of the Interior

    The Department of the Interior (Department) appreciates the 
opportunity to provide its views on S. 753, the Highlands 
Conservation Reauthorization Act of 2021, which would 
reauthorize the Highlands Conservation Act (HCA). The 
Department supports this legislation.
Overview of the Highlands Conservation Act
    The HCA (P.L. 108-421) authorizes a grant program to the 
Highlands states of Connecticut, New Jersey, New York and 
Pennsylvania to acquire land and protect natural resources in 
the Highlands Region. The Highlands Region is 3.4 million acres 
of biologically diverse landscape distinguished by Appalachian 
ridges, hills, and plateaus that provide nature-oriented 
recreational opportunities for millions of people living in or 
visiting the Northeast.
    The U.S. Fish and Wildlife Service (Service) is the lead 
agency for administering the HCA Grant Program, in coordination 
with the U.S. Forest Service, and provides administration and 
oversight of the program. The Service works closely with the 
four Highlands states to identify priority areas for state land 
acquisition to meet state and Federal conservation goals. The 
FY 2022 President's Budget includes $10 million for the HCA 
grant program.
    Since passage of the HCA in 2004, almost $70 million in HCA 
funding has been awarded to the states to acquire 11,000 acres 
of land in the Highlands Region. Under the Service's 
coordination, the HCA Grant Program has leveraged non-Federal 
funds at a 2:1 ratio, doubling the minimum 1:1 amount required 
by law. Projects support key conservation objectives outlined 
in the law such as clean drinking water, healthy forests, 
thriving wildlife populations, productive agriculture, and 
abundant recreational opportunities.
    The HCA grant program is conserving outdoor recreational 
areas to encourage a connection between people and the 
outdoors. One in nine Americans lives within a two-hour drive 
of the outdoor recreational opportunities provided by the 
Highlands Region. The HCA Grant Program is protecting 
strategically important natural areas that sustain a diversity 
of fish and wildlife species. The Service's priority at-risk 
species benefiting from HCA land conservation include many 
species such as the bog turtle, northern long-eared bat, brook 
floater mussel, and New England cottontail.
          Examples of important lands acquired with HCA funds 
        include the following:
           The State of New York Office of Parks, 
        Recreation, and Historic Preservation (NY Parks) 
        completed the purchase of 116 acres to expand the 
        19,293-acre Sterling Forest, a state park described by 
        NY Parks as a ``nearly pristine natural refuge amidst 
        one of the nation's most densely populated areas, a 
        remarkable piece of woodland, a watershed for millions, 
        and a tremendous outdoor recreation area.'' This 
        acquisition creates new public access to Sterling 
        Forest and protects habitat for the timber rattlesnake, 
        a state listed threatened species, as well as potential 
        habitat for the Federally listed northern long-eared 
        bat.
           The Connecticut Department of Energy and 
        Environmental Protection acquired a conservation 
        easement on 107 acres that includes the northern ridge 
        and northwestern face of Coltsfoot Mountain and over 
        800 linear feet of Furnace Brook, an important 
        tributary of the Housatonic River. The property shares 
        almost a mile of common boundary with Wyantenock State 
        Forest and abuts Cornwall Conservation Trust 
        conservation land. The headwaters land is in a large 
        unbroken forest block of over 4,000 acres in the 
        Connecticut-Massachusetts-New York region of western 
        New England, with habitat that can support Federally 
        listed northern long-eared bat and small whorled 
        pogonia. The property will provide a new access point 
        to the regional Mohawk Trail.
           The Pennsylvania Department of Conservation 
        and Natural Resources, with help from the Natural Lands 
        Trust, acquired the 103-acre Seidel Hill as an addition 
        to the William Penn State Forest. Allegheny Creek winds 
        around the western base of Seidel Hill as it makes its 
        way to the Schuylkill River. Seidel Creek flows to the 
        eastern base of Seidel Hill. Both waterways are popular 
        fishing destinations. Pennsylvania identified the 
        property as a priority for conservation because of 
        interior forest habitat critical for migrating and 
        nesting neo-tropical songbirds.
           The New Jersey Highlands Council conserved 
        115 acres in Mansfield Township, Warren County, with a 
        conservation easement, keeping the land in private 
        ownership while protecting natural resources in 
        perpetuity. The conserved property, with meadows, 
        upland forest, a stream and a pond, is mapped as 
        critical wildlife habitat for eleven New Jersey listed 
        species: eight birds, one mammal and two turtles. The 
        land lies along the ridgetop of Pohatcong Mountain. 
        When combined with surrounding, previously conserved 
        parcels, the property creates a total protected 
        wildlife corridor of 621 acres.
S. 753, Highlands Conservation Reauthorization Act of 2021
    The Department supports reauthorization of the HCA to 
continue the land acquisition goals of the program. S. 753 
includes provisions to update and modernize the HCA, including 
the use of the latest scientific and geographic information 
systems to identify priority lands for acquisition. The bill 
would also limit the Service to no more than $300,000 for the 
administration of the program. The Service receives 
authorization for administrative expenses through the 
appropriations process and appreciates the certainty provided 
by this provision in the legislation. In addition, the 
Department supports the provision to allow the Highland states 
to expend up to 5 percent of awarded HCA funds to administer 
the program. The Department looks forward to working with 
Congress on this important program.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 753, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                           Public Law 108-421


 AN ACT 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.

    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. 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.]
          (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] 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;
                  (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 using the best 
        available science and geographic information systems; 
        and [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 accordance with the 
        purposes described in section 2 in the Highlands 
        region. [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) Request for Inclusion of Additional Municipality.--The 
Director of the United States Fish and Wildlife Service may, at 
the request of a Highlands State, 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] 
$20,000,000 for each of 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 may 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.

                                  [all]