H.R. 1964House108th Congress (2003-2005)Enacted

Highlands Conservation Act

Introduced May 6, 2003

Legislative Activity

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31 earlier actions
Became Law Latest Action

Became Public Law No: 108-421.

November 30, 2004

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HouseIntro Referral

Introduced in House

May 6, 2003

HouseIntro Referral

Referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

May 6, 2003

HouseCommittee

Referred to the Subcommittee on National Parks, Recreation and Public Lands.

June 3, 2003

HouseCommittee

Referred to the Subcommittee on Conservation, Credit, Rural Development and Research.

June 3, 2003

HouseCommittee

Subcommittee Hearings Held.

June 17, 2003

HouseCommittee

Subcommittee on National Parks, Recreation and Public Lands Discharged.

October 29, 2003

HouseCommittee

Committee Consideration and Mark-up Session Held.

October 29, 2003

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

October 29, 2003

HouseCommittee

Reported (Amended) by the Committee on Resources. H. Rept. 108-373, Part I.

November 17, 2003

HouseIntro Referral

House Committee on Agriculture Granted an extension for further consideration ending not later than Nov. 21, 2003.

November 17, 2003

HouseFloor

Mr. Calvert moved to suspend the rules and pass the bill, as amended.

November 21, 2003 • 10:38 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H12118-12121)

November 21, 2003 • 10:38 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 1964.

November 21, 2003 • 10:38 AM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H12118-112119)

November 21, 2003 • 10:56 AM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H12118-112119)

November 21, 2003 • 10:56 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

November 21, 2003 • 10:56 AM

HouseFloor

The title of the measure was amended. Agreed to without objection.

November 21, 2003 • 10:56 AM

SenateIntro Referral

Received in the Senate.

November 22, 2003

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

December 9, 2003

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

September 15, 2004

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Domenici with an amendment in the nature of a substitute. With written report No. 108-376.

September 28, 2004

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 735.

September 28, 2004

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (consideration: CR S11127-11183; text as passed Senate: CR S11178-11180)

October 10, 2004

SenateFloor

Message on Senate action sent to the House.

November 16, 2004

HouseResolving Differences

Mr. Gibbons moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H9826-9828; text as House agreed to Senate amendment: CR H9826-9827)

November 17, 2004 • 4:05 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 1964.

November 17, 2004 • 4:05 PM

HouseNot Used

Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.

November 17, 2004

HouseResolving Differences

On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.

November 17, 2004 • 4:11 PM

HouseResolving Differences

Motion to reconsider laid on the table Agreed to without objection.

November 17, 2004 • 4:11 PM

President

Presented to President.

November 20, 2004

Became Law

Signed by President.

November 30, 2004

Became Law

Became Public Law No: 108-421.

November 30, 2004

Floor Debate

15 members

What members said about H.R. 1964 on the floor

9 Republicans6 Democrats
William H. Frist
Sen. William H. FristR-TN · Sep 15, 2004

Mr. President, I ask unanimous consent that the Commerce, Science, and Transportation Committee be authorized to meet on Wednesday, September 15, 2004, at 10 a.m., on ``Impacts of Climate Change.''…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Mar 24, 2004

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Wednesday, March 24, 2004, at 9:30 a.m., on Port Security. Mr. President, I…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · Nov 21, 2003

Mr. Speaker, I thank the gentlewoman for yielding time to me, and I rise in strong support of H.R. 1954, the Highland Stewardship Act. I am proud to be an original cosponsor of this bill. I pledged…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-8 · Nov 21, 2003

Mr. Speaker, I rise in very strong support of H.R. 1964, the Highlands Conservation Act. I want to congratulate the chairmen and ranking members for getting this to the floor, but I want to pay…

Rush Holt
Rep. Rush HoltD-NJ-12 · Nov 21, 2003

Mr. Speaker, I rise today in support of the Highlands Conservation Act. To anyone in this Congress who questions the value of efforts to preserve open space, I invite them to come to New Jersey. My…

Show 8 more
Rush Holt
Rep. Rush HoltD-NJ-12 · Nov 17, 2004

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…

Ken Calvert
Rep. Ken CalvertR-CA-44 · Nov 21, 2003

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1964) to establish the Highlands Stewardship Area in the States of Connecticut, New Jersey, New York, and Pennsylvania, and for other…

Rodney P. Frelinghuysen
Rep. Rodney P. FrelinghuysenR-NJ-11 · Nov 21, 2003

Mr. Speaker, I thank the gentleman for yielding me time. My thanks to the gentleman from California (Mr. Calvert), and particular thanks to the chairman, the gentleman from California (Mr. Pombo),…

Rodney P. Frelinghuysen
Rep. Rodney P. FrelinghuysenR-NJ-11 · Nov 17, 2004

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…

Richard W. Pombo
Rep. Richard W. PomboR-CA-11 · Nov 21, 2003

Mr. Speaker, I thank the chairman for yielding me the time. I come to the floor today to speak in support of this bill. This is the kind of legislation that in the past I have opposed and have had…

Steven R. Rothman
Rep. Steven R. RothmanD-NJ-9 · Nov 23, 2003

Mr. Speaker, I rise today in strong support of H.R. 1964, the Highlands Conservation Act, introduced by my colleague, Mr. Rodney Frelinghuysen. I am very pleased to be an original cosponsor of the…

Jim Gibbons
Rep. Jim GibbonsR-NV-2 · Nov 17, 2004

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…

Donna M. Christensen
Rep. Donna M. ChristensenD-VI · Nov 21, 2003

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, we fully support the goals of H.R. 1964. The purpose of this legislation is to facilitate conservation and preservation, ideals we…

Show 6 more
Sue W. Kelly
Rep. Sue W. KellyR-NY-19 · Nov 22, 2003

Mr. Speaker, I rise today to urge the passage of H.R. 1964, the Highlands Stewardship Act. The Highlands region is spread through parts of New York, New Jersey, Connecticut, and Pennsylvania and…

Norm Coleman
Sen. Norm ColemanR-MN · Mar 11, 2004

Mr. President, I would like to announce for the information of the Senate and the public that the Permanent Subcommittee on Investigations of the Committee on Governmental affairs will hold a hearing…

Larry E. Craig
Sen. Larry E. CraigR-ID · Mar 11, 2004

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Public Lands and Forests of the Committee on…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · Nov 17, 2004

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…

Donna M. Christensen
Rep. Donna M. ChristensenD-VI · Nov 17, 2004

Mr. Speaker, I yield myself such time as I may consume. (Mrs. CHRISTENSEN asked and was given permission to revise and extend her remarks.) Mr. Speaker, H.R. 1964 originally passed the House last…

Jim McDermott
Rep. Jim McDermottD-WA-7 · Nov 18, 2004

Mr. Speaker, I am unable to be in Washington, DC today. Two weeks ago, I injured my leg and my physician prefers that I not put it through the stress of an airplane flight from my home in Seattle, WA…

Bill Text

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Enrolled BillPublication date not provided
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1964 Enrolled Bill (ENR)]

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.