[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 999 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 999
To establish the Highlands Stewardship Area in the States of
Connecticut, New Jersey, New York, and Pennsylvania, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 6, 2003
Mr. Corzine (for himself, Mr. Lautenberg, Mr. Specter, Mr. Schumer, Mr.
Dodd, Mrs. Clinton, and Mr. Lieberman) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To establish the Highlands Stewardship Area in the States of
Connecticut, New Jersey, New York, and Pennsylvania, 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 Stewardship Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Highlands region is a geographic area that
encompasses more than 2,000,000 acres extending from eastern
Pennsylvania through the States of New Jersey and New York to
northwestern Connecticut;
(2) the Highlands region is an environmentally unique area
that--
(A) provides clean drinking water to over
15,000,000 people in metropolitan areas in the States
of Connecticut, New Jersey, New York, and Pennsylvania;
(B) provides critical wildlife habitat, including
habitat for 247 threatened and endangered species;
(C) maintains an important historic connection to
early Native American culture, colonial settlement, the
American Revolution, and the Civil War;
(D) contains recreational resources for 14,000,000
visitors annually; and
(E) provides other significant ecological, natural,
tourism, recreational, educational, and economic
benefits;
(3) an estimated 1 in 12 citizens of the United States live
within a 2-hour drive of the Highlands region;
(4) more than 1,400,000 residents live in the Highlands
region;
(5) the Highlands region forms a greenbelt adjacent to the
Philadelphia-New York City-Hartford urban corridor that offers
the opportunity to preserve natural and agricultural resources,
open spaces, recreational areas, and historic sites, while
encouraging sustainable economic growth and development in a
fiscally and environmentally sound manner;
(6) continued population growth and land use patterns in
the Highlands region--
(A) reduce the availability and quality of water;
(B) reduce air quality;
(C) fragment the forests;
(D) destroy critical migration corridors and forest
habitat; and
(E) result in the loss of recreational
opportunities and scenic, historic, and cultural
resources;
(7) the natural, agricultural, and cultural resources of
the Highlands region, in combination with the proximity of the
Highlands region to the largest metropolitan areas in the
United States, make the Highlands region nationally
significant;
(8) the national significance of the Highlands region has
been documented in--
(A) the New York-New Jersey Highlands Regional
Study conducted by the Forest Service in 1990;
(B) the New York-New Jersey Highlands Regional
Study: 2002 Update conducted by the Forest Service;
(C) the bi-State Skylands Greenway Task Force
Report;
(D) the New Jersey State Development and
Redevelopment Plan;
(E) the New York State Open Space Conservation
Plan;
(F) the Connecticut Green Plan: Open Space
Acquisition FY 2001-2006;
(G) the open space plans of the State of
Pennsylvania; and
(H) other open space conservation plans for States
in the Highlands region;
(9) the Highlands region includes or is adjacent to
numerous parcels of land owned by the Federal Government or
federally designated areas that protect, conserve, restore,
promote, or interpret resources of the Highlands region,
including--
(A) the Wallkill River National Wildlife Refuge;
(B) the Shawanagunk Grasslands Wildlife Refuge;
(C) the Morristown National Historical Park;
(D) the Delaware and Lehigh Canal Corridors;
(E) the Hudson River Valley National Heritage Area;
(F) the Delaware River Basin;
(G) the Delaware Water Gap National Recreation
Area;
(H) the Upper Delaware Scenic and Recreational
River;
(I) the Appalachian National Scenic Trail;
(J) the United States Military Academy at West
Point, New York;
(K) the Highlands National Millennium Trail;
(L) the Picatinny Arsenal in the State of New
Jersey;
(M) the Great Swamp National Wildlife Refuge;
(N) the proposed Crossroads of the Revolution
National Heritage Area;
(O) the proposed Musconetcong National Scenic and
Recreational River in the State of New Jersey; and
(P) the Farmington River Wild and Scenic Area in
the State of Connecticut;
(10) it is in the interest of the United States to protect,
conserve, restore, promote, and interpret the resources of the
Highlands region for the residents of, and visitors to, the
Highlands region;
(11) the States of Connecticut, New Jersey, New York, and
Pennsylvania, regional entities, and units of local government
in the Highlands region have the primary responsibility for
protecting, conserving, preserving, and promoting the resources
of the Highlands region; and
(12) because of the longstanding Federal practice of
assisting States in creating, protecting, conserving,
preserving, restoring, and interpreting areas of significant
natural and cultural importance, and the national significance
of the Highlands region, the Federal Government should, in
partnership with the Highlands States and units of local
government in the Highlands region, protect, restore, promote,
preserve, and interpret the natural, agricultural, historical,
and cultural resources of the Highlands region.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to recognize the importance of the natural resources
and the heritage, history, and national significance of the
Highlands region to the United States;
(2) to assist the Highlands States, units of local
government, and private landowners in protecting, restoring,
preserving, interpreting, and promoting the natural,
agricultural, historical, cultural, and recreational resources
of the Highlands region;
(3) to preserve and protect high priority conservation land
in the Highlands region by authorizing the Secretary of the
Interior to--
(A) work in partnership with the Secretary of
Agriculture and the Highlands States; and
(B) provide financial and technical assistance to
the Highlands States;
(4) to authorize the Secretary of Agriculture to provide
financial and technical assistance for projects that will
protect, restore, promote, and interpret the natural,
agricultural, historical, cultural, or recreational resources
of the Highlands region; and
(5) to coordinate with and assist the management entities
of the Hudson River Valley National Heritage Area, the Wallkill
National Refuge Area, the Morristown National Historic Area,
and other federally designated areas in the region in carrying
out any duties relating to protecting the natural resources of
the Highlands region.
SEC. 4. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means
any Highlands State, unit of local government, public entity,
private entity, or private landowner in the Stewardship Area.
(2) Highlands region.--The term ``Highlands region'' means
the region that encompasses nearly 2,000,000 acres extending
from eastern Pennsylvania through the States of New Jersey and
New York to northwestern Connecticut.
(3) Highlands state.--The term ``Highlands State'' means--
(A) the State of Connecticut;
(B) the State of New Jersey;
(C) the State of New York;
(D) the State of Pennsylvania; and
(E) any agency or department of a State specified
in subparagraph (A), (B), (C), or (D) that is
authorized to own and manage land for conservation
purposes, including the Palisades Interstate Park
Commission.
(4) Land conservation partnership project.--The term ``land
conservation partnership project'' means a project in which a
Highlands State acquires from a willing seller land or an
interest in land that is located in an area identified in the
study or update as having a high conservation value for the
purpose of protecting, conserving, or preserving the natural,
forest, agricultural, recreational, historical, or cultural
resources of the Stewardship Area.
(5) Office.--The term ``Office'' means the Office of
Highlands Stewardship established under section 6(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) Stewardship area.--The term ``Stewardship Area'' means
the Highlands Stewardship Area established under section 5(a).
(8) Study.--The term ``study'' means the Highlands Regional
Study conducted by the Forest Service in 1990.
(9) Update.--The term ``update'' means the New York-New
Jersey Highlands Regional Assessment Update conducted by the
Forest Service in 2001.
(10) Work group.--The term ``Work Group'' means the
Highlands Stewardship Area Work Group established under section
6(c).
SEC. 5. ESTABLISHMENT OF HIGHLANDS STEWARDSHIP AREA.
(a) Establishment.--The Secretary and the Secretary of the Interior
shall establish the Highlands Stewardship Area in the Highlands region.
(b) Consultation and Resource Analyses.--In establishing the
Stewardship Area under subsection (a), the Secretary and the Secretary
of the Interior shall--
(1) consult with appropriate officials of the Federal
Government, the Governors and other appropriate officials of
the Highlands States, and units of local government; and
(2) take into account the study, the update, and any
relevant State resource analyses.
(c) Map.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of the
Interior shall prepare a map depicting the Stewardship Area.
(2) Availability.--The map shall be on file and available
for public inspection at the appropriate offices of the
Secretary and the Secretary of the Interior.
SEC. 6. OFFICE OF HIGHLANDS STEWARDSHIP.
(a) Establishment.--The Secretary, in consultation with the Under
Secretary of Agriculture for Natural Resources and Environment, the
Chief of the Natural Resources Conservation Service, and the Chief of
the Forest Service, shall establish within the Department of
Agriculture the Office of Highlands Stewardship.
(b) Duties.--The Office shall--
(1) advise the Secretary, the Secretary of the Interior,
and the Governors of the States specified in subparagraphs (A)
through (D) of section 4(3) on priorities for--
(A) projects carried out with financial or
technical assistance under this section;
(B) land conservation partnership projects carried
out under section 7;
(C) research relating to the Highlands region; and
(D) policy and educational initiatives necessary to
implement the findings of the study and update; and
(2) implement in the Stewardship Area--
(A) the strategies of the study and update; and
(B) in consultation with the Highlands States,
other studies consistent with the purposes of this Act.
(c) Highlands Stewardship Area Work Group.--
(1) Establishment.--The Secretary shall establish an
advisory committee to be known as the ``Highlands Stewardship
Area Work Group'' to assist the Office in implementing the
strategies of the studies and update referred to in subsection
(b).
(2) Membership.--The Work Group shall be comprised of
members that represent various public and private interests
throughout the Stewardship Area, including private landowners
and representatives of private land trusts, conservation
groups, distributors of drinking water, academic institutions,
and units of local government, to be appointed by the
Secretary, in consultation with the Governors of the States
specified in subparagraphs (A) through (D) of section 4(3).
(3) Duties.--The Work Group shall advise the Office, the
Secretary, and the Secretary of the Interior on the priorities
described in subsection (b)(1).
(d) Financial and Technical Assistance.--
(1) In general.--The Office may provide financial and
technical assistance to an eligible entity to carry out a
project to protect, restore, preserve, promote, or interpret
the natural, agricultural, historical, cultural, or
recreational resources of the Stewardship Area.
(2) Priority.--In determining the priority for financial
and technical assistance under paragraph (1), the Office shall
consider the recommendations of the study and update.
(3) Conditions.--
(A) In general.--The provision of financial
assistance under this subsection shall be subject to
the condition that the eligible entity enter into an
agreement with the Office that provides that if the
eligible entity converts, uses, or disposes of the
project for a purpose inconsistent with the purpose for
which the financial assistance was provided, as
determined by the Office, the United States shall be
entitled to reimbursement from the eligible 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 has increased the value of the land
on which the project is carried out.
(B) Cost-sharing requirement.--The Federal share of
the cost of carrying out a project under this
subsection shall not exceed 50 percent of the total
cost of the project.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,000,000 for
each of fiscal years 2004 through 2013, to remain available until
expended.
SEC. 7. LAND CONSERVATION PARTNERSHIP PROJECTS.
(a) In General.--The Secretary of the Interior, in consultation
with units of local government, the Office, the Work Group, and the
public, shall, from among proposed land conservation partnership
projects submitted to the Secretary of the Interior by the Governors of
the States specified in subparagraphs (A) through (D) of section 4(3),
annually designate land conservation partnership projects that are
eligible to receive financial assistance under this section.
(b) Conditions.--
(1) In general.--To be eligible for financial assistance
for a project under subsection (a), a Highlands State shall
enter into an agreement with the Secretary of the Interior
that--
(A) identifies--
(i) the Highlands State that will own or
hold the land or interest in land that is the
subject of the project; and
(ii) the source of funds to provide the
non-Federal share under paragraph (2);
(B) provides that the Highlands State shall
permanently protect any land acquired as part of a land
conservation partnership project;
(C) describes management objectives for the land
that will ensure the permanent protection and use of
the land for the purpose for which the assistance was
provided;
(D) provides that if the Highlands State converts,
uses, or disposes of the 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--
(i) may file a civil action in an
appropriate district court of the United States
for specific performance of the conditions on
financial assistance; and
(ii) shall be entitled to reimbursement
from the Highlands State 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
that is the subject of the project; and
(E) provides that use of the financial assistance
will be consistent with--
(i) the open space plan or greenway plan of
the Highlands State in which the land
conservation partnership project is being
carried out; and
(ii) the findings and recommendations of
the study and update.
(2) Cost-sharing requirement.--The Federal share of the
cost of carrying out a land conservation partnership project
under this subsection shall not exceed 50 percent of the total
cost of the land conservation partnership project.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior from the general fund of
the Treasury or the Land and Water Conservation Fund to carry out this
section $25,000,000 for each of fiscal years 2004 through 2013, to
remain available until expended.
SEC. 8. EFFECT.
Nothing in this Act--
(1) modifies, enlarges, or diminishes any authority of the
Federal Government, or any State or local government, to
regulate any use of land;
(2) grants powers of zoning or land use control to an
entity established under this Act; or
(3) authorizes an entity established under this Act to
interfere with--
(A) the right of any person with respect to private
property; or
(B) any local zoning ordinance or land use plan of
any local unit of government in the Stewardship Area.
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