| S 2749 IS
107th CONGRESS
2d Session
S. 2749
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
July 17, 2002
Mr. CORZINE (for himself, Mr.
TORRICELLI, Mr. SCHUMER, Mrs. CLINTON, Mr. DODD, 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 of 2002'.
SEC. 2. FINDINGS.
(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 and economically important area that--
(A) provides clean drinking
water to over 11,000,000 people in metropolitan areas in the States of
Connecticut, New Jersey, New York, and Pennsylvania;
(B) provides critical wildlife
habitat, including habitat for threatened and endangered species;
(C) maintains an important
historic connection to early Native American culture, colonial settlement,
the American Revolution, and the Civil War;
(i) recreational resources;
and
(ii) cultural and multicultural
landscapes relating to the development of commerce, transportation, the
maritime industry, agriculture, and industry in the Highlands region; 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 1,000,000
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;
(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 Highlands Regional
Study conducted by the Forest Service in 1990;
(B) the New York-New Jersey
Highlands Regional Assessment Update conducted by the Forest Service in
2001;
(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; and
(J) the United States Military
Academy at West Point, New York;
(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, and interpreting areas of significant natural, economic, and
cultural importance, and the national significance of the Highlands region,
the Federal Government should, in partnership with the Highlands States,
regional entities, and units of local government in the Highlands region,
protect, restore, promote, preserve, and interpret the natural, agricultural,
historical, cultural, and economic 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, economy, and national
significance of the Highlands region to the United States;
(2) to assist the Highlands
States, regional entities, and units of local government, public and private
entities, and individuals in protecting, restoring, preserving, interpreting,
and promoting the natural, agricultural, historical, cultural, recreational,
and economic resources of the Highlands Stewardship Area;
(3) to authorize the Secretary
of Agriculture and the Secretary of the Interior to provide financial and
technical assistance for the protection, conservation, preservation, and
sustainable management of forests, land, and water in the Highlands region,
including assistance for--
(A) voluntary programs to
promote and support private landowners in carrying out forest land and
open space retention and sustainable management practices; and
(B) forest-based economic
development projects that support sustainable management and retention
of forest land in the Highlands region;
(4) to provide financial
and technical assistance to the Highlands States, regional entities, and
units of local government, and public and private entities for planning
and carrying out conservation, education, and recreational programs and
sustainable economic projects in 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 the Highlands region.
SEC. 4. DEFINITIONS.
(1) ELIGIBLE ENTITY- The
term `eligible entity' means any agricultural producer, regional entity,
unit of local government, public entity, private entity, or other 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;
and
(D) the State of Pennsylvania.
(4) LAND CONSERVATION PARTNERSHIP
PROJECT- The term `land conservation partnership project' means a project
in which a non-Federal entity acquires land or an interest in land from
a willing seller 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, the Secretary and the Secretary
of the Interior shall--
(1) consult with appropriate
officials of the Federal Government, Highlands States, regional entities,
and units of local government; and
(2) utilize the study, the
update, and relevant State resource analyses.
(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,
the Administrator of the Farm Service Agency, the Chief of the Forest Service,
and the Under Secretary for Rural Development, shall establish within the
Department of Agriculture the Office of Highlands Stewardship.
(b) DUTIES- The Office shall
implement in the Stewardship Area--
(1) the strategies of the
study and update; and
(2) 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 conservation groups, academic institutions,
local governments, and economic interests, to be appointed by the Secretary,
in consultation with the Governors of the Highlands States.
(3) DUTIES- The Work Group
shall advise the Office, the Secretary, and the Secretary of the Interior
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.
(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, recreational, or economic 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.
(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 $7,000,000 for each of fiscal years 2004 through 2010, to remain
available until expended.
SEC. 7. LAND CONSERVATION PARTNERSHIP
PROJECTS.
(a) IN GENERAL- The Secretary
of the Interior, in consultation with the Secretary, the Office, and the
Governors of the Highlands States, shall annually designate land conservation
partnership projects that are eligible to receive financial assistance
under this section.
(1) IN GENERAL- To be eligible
for financial assistance under subsection (a), a non-Federal entity shall
enter into an agreement with the Secretary of the Interior that--
(i) the non-Federal entity
that will own or hold the land or interest in land; and
(ii) the source of funds
to provide the non-Federal share under paragraph (2);
(B) provides that if the
non-Federal entity 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 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
(C) provides that use of
the financial assistance will be consistent with--
(i) the open space plan
or other 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-
(1) IN GENERAL- There is
authorized to be appropriated to the Secretary of the Interior from 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.
(2) USE OF LAND AND WATER
CONSERVATION FUND- Appropriations from the Land and Water Conservation
Fund under paragraph (1) shall be considered to be for Federal purposes
under section 5 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-7).
END
|