Home > 108th Congressional Bills > H.R. 1964 (ih) To establish the Highlands Stewardship Area in the States of Connecticut, New Jersey, New York, and Pennsylvania, and for other purposes. [Introduced in House] ...H.R. 1964 (ih) To establish the Highlands Stewardship Area in the States of Connecticut, New Jersey, New York, and Pennsylvania, and for other purposes. [Introduced in House] ...
H.R.1964
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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.
(2) Highlands state.--The term ``Highlands State'' means--
(A) the State of Connecticut;
(B) the State of New Jersey;
(C) the State of New York; and
(D) the State of Pennsylvania.
(3) Land conservation partnership project.--The term ``land
conservation partnership project'' means a land conservation
project--
(A) located in the Highlands region;
(B) identified by the Forest Service in the Study, the
Update, or any subsequent Pennsylvania and Connecticut Update
as having high conservation value; and
(C) in which a non-Federal entity acquires land or an
interest in land from a willing seller to permanently protect,
conserve, or preserve the land through a partnership with the
Federal Government.
(4) Non-federal entity.--The term ``non-Federal entity''
means--
(A) any Highlands State; or
(B) any agency or department of any Highlands State with
authority to own and manage land for conservation purposes,
including the Palisades Interstate Park Commission.
(5) Study.--The term ``Study'' means the New York-New Jersey
Highlands Regional Study conducted by the Forest Service in 1990.
(6) Update.--The term ``Update'' means the New York-New Jersey
Highlands Regional Study: 2002 Update conducted by the Forest
Service.
(7) Pennsylvania and connecticut update.--The term
``Pennsylvania and Connecticut Update'' means a report to be
completed by the Forest Service that identifies areas having high
conservation values in the States of Connecticut and Pennsylvania
in a manner similar to that utilized in the Study and Update.
SEC. 4. LAND CONSERVATION PARTNERSHIP PROJECTS IN THE HIGHLANDS REGION.
(a) Submission of Proposed Projects.--Each year, the governors of
the Highlands States, with input from pertinent units of local
government and the public, may--
(1) jointly identify land conservation partnership projects in
the Highlands region from land identified as having high
conservation values in the Study, the Update, or the Pennsylvania
and Connecticut Update that shall be proposed for Federal financial
assistance; and
(2) submit a list of those projects to the Secretary of the
Interior.
(b) Consideration of Projects.--Each year, the Secretary of the
Interior, in consultation with the Secretary of Agriculture, shall
submit to Congress a list of the land conservation partnership projects
submitted under subsection (a)(2) that are eligible to receive
financial assistance under this section.
(c) Eligibility Conditions.--To be eligible for financial
assistance under this section for a land conservation partnership
project, a non-Federal entity shall enter into an agreement with the
Secretary of the Interior that--
(1) identifies the non-Federal entity that shall own or hold
and manage the land or interest in land;
(2) identifies the source of funds to provide the non-Federal
share under subsection (d);
(3) describes the management objectives for the land that will
ensure permanent protection and use of the land for the purpose for
which the assistance will be provided;
(4) provides that, if the non-Federal entity converts, uses, or
disposes of the land conservation partnership project for a purpose
inconsistent with the purpose for which the assistance was
provided, as determined by the Secretary of the Interior, the
United States--
(A) may seek specific performance of the conditions of
financial assistance in accordance with paragraph (3) in
Federal court; and
(B) shall be entitled to reimbursement from the non-Federal
entity in an amount that is, as determined at the time of
conversion, use, or disposal, the greater of--
(i) the total amount of the financial assistance
provided for the project by the Federal Government under
this section; or
(ii) the amount by which the financial assistance
increased the value of the land or interest in land; and
(5) provides that land conservation partnership projects will
be consistent with areas identified as having high conservation
value in--
(A) the Important Areas portion of the Study;
(B) the Conservation Focal Areas portion of the Update;
(C) the Conservation Priorities portion of the Update;
(D) land identified as having higher or highest resource
value in the Conservation Values Assessment portion of the
Update; and
(E) land identified as having high conservation value in
the Pennsylvania and Connecticut Update.
(d) Non-Federal Share Requirement.--The Federal share of the cost
of carrying out a land conservation partnership project under this
section shall not exceed 50 percent of the total cost of the land
conservation partnership project.
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
Pages: 1 Other Popular 108th Congressional Bills Documents:
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