| S 999 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.
(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;
(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.
(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.
(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.
(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.
(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--
(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.
(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.
END
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