II

104TH CONGRESS

1ST SESSION S. 223

To authorize the Secretary of the Interior to provide funds to the Palisades

Interstate Park Commission for acquisition of land in the Sterling Forest

area of the New York/New Jersey Highlands Region, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 12, 1995 (legislative day, JANUARY 10), 1995

Mr. BRADLEY (for himself and Mr. LAUTENBERG) introduced the following

bill; which was read twice and referred to the Committee on Energy and

Natural Resources

A BILL

To authorize the Secretary of the Interior to provide funds

to the Palisades Interstate Park Commission for acquisition of land in the Sterling Forest area of the New

York/New Jersey Highlands Region, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Sterling Forest Protec5 tion Act of 1995’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—
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1 (1) the Palisades Interstate Park Commission

2 was established pursuant to a joint resolution of the

3 75th Congress approved in 1937 (Public Resolution

4 No. 65; ch. 706; 50 Stat. 719), and chapter 170 of

5 the Laws of 1937 of the State of New York and

6 chapter 148 of the Laws of 1937 of the State of

7 New Jersey;

8 (2) the Palisades Interstate Park Commission

9 is responsible for the management of 23 parks and

10 historic sites in New York and New Jersey, compris11 ing over 82,000 acres;

12 (3) over 8,000,000 visitors annually seek out13 door recreational opportunities within the Palisades

14 Park System;

15 (4) Sterling Forest is a biologically diverse open

16 space on the New Jersey border comprising approxi17 mately 17,500 acres, and is a highly significant wa18 tershed area for the State of New Jersey, providing

19 the source for clean drinking water for 25 percent

20 of the State;

21 (5) Sterling Forest is an important outdoor rec22 reational asset in the northeastern United States,

23 within the most densely populated metropolitan re24 gion in the Nation;
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1 (6) Sterling Forest supports a mixture of hard2 wood forests, wetlands, lakes, glaciated valleys, is

3 strategically located on a wildlife migratory route,

4 and provides important habitat for 27 rare or en5 dangered species;

6 (7) the protection of Sterling Forest would

7 greatly enhance the Appalachian National Scenic

8 Trail, a portion of which passes through Sterling

9 Forest, and would provide for enhanced recreational

10 opportunities through the protection of lands which

11 are an integral element of the trail and which would

12 protect important trail viewsheds;

13 (8) stewardship and management costs for

14 units of the Palisades Park System are paid for by

15 the States of New York and New Jersey; thus, the

16 protection of Sterling Forest through the Palisades

17 Interstate Park Commission will involve a minimum

18 of Federal funds;

19 (9) given the nationally significant watershed,

20 outdoor recreational, and wildlife qualities of Ster21 ling Forest, the demand for open space in the north22 eastern United States, and the lack of open space in

23 the densely populated tri-state region, there is a

24 clear Federal interest in acquiring the Sterling For25 est for permanent protection of the watershed, out-
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1 door recreational resources, flora and fauna, and

2 open space; and

3 (10) such an acquisition would represent a cost

4 effective investment, as compared with the costs that

5 would be incurred to protect drinking water for the

6 region should the Sterling Forest be developed.

7 SEC. 3. PURPOSES.

8 The purposes of this Act are—

9 (1) to establish the Sterling Forest Reserve in

10 the State of New York to protect the significant wa11 tershed, wildlife, and recreational resources within

12 the New York-New Jersey highlands region;

13 (2) to authorize Federal funding, through the

14 Department of the Interior, for a portion of the ac15 quisition costs for the Sterling Forest Reserve;

16 (3) to direct the Palisades Interstate Park

17 Commission to convey to the Secretary of the Inte18 rior certain interests in lands acquired within the

19 Reserve; and

20 (4) to provide for the management of the Ster21 ling Forest Reserve by the Palisades Interstate Park

22 Commission.

23 SEC. 4. DEFINITIONS.

24 In this Act:
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1 (1) COMMISSION.—The term ‘‘Commission’’

2 means the Palisades Interstate Park Commission es3 tablished pursuant to Public Resolution No. 65 ap4 proved August 19, 1937 (ch. 707; 50 Stat. 719).

5 (2) RESERVE.—The term ‘‘Reserve’’ means the

6 Sterling Forest Reserve.

7 (3) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of the Interior.

9 SEC. 5. ESTABLISHMENT OF THE STERLING FOREST RE10 SERVE.

11 (a) ESTABLISHMENT.—Upon the certification by the

12 Commission to the Secretary that the Commission has ac13 quired sufficient lands or interests therein to constitute

14 a manageable unit, there is established the Sterling Forest

15 Reserve in the State of New York.

16 (b) MAP.—

17 (1) COMPOSITION.—The Reserve shall consist

18 of lands and interests therein acquired by the Com19 mission within the approximately 17,500 acres of

20 lands as generally depicted on the map entitled

21 ‘‘Boundary Map, Sterling Forest Reserve’’, num22 bered SFR–60,001 and dated July 1, 1994.

23 (2) AVAILABILITY FOR PUBLIC INSPECTION.—

24 The map described in paragraph (1) shall be on file

25 and available for public inspection in the offices of
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1 the Commission and the appropriate offices of the

2 National Park Service.

3 (c) TRANSFER OF FUNDS.—Subject to subsection

4 (d), the Secretary shall transfer to the Commission such

5 funds as are appropriated for the acquisition of lands and

6 interests therein within the Reserve.

7 (d) CONDITIONS OF FUNDING.—

8 (1) AGREEMENT BY THE COMMISSION.—Prior

9 to the receipt of any Federal funds authorized by

10 this Act, the Commission shall agree to the follow11 ing:

12 (A) CONVEYANCE OF LANDS IN EVENT OF

13 FAILURE TO MANAGE.—If the Commission fails

14 to manage the lands acquired within the Re15 serve in a manner that is consistent with this

16 Act, the Commission shall convey fee title to

17 such lands to the United States, and the agree18 ment stated in this subparagraph shall be re19 corded at the time of purchase of all lands ac20 quired within the Reserve.

21 (B) CONSENT OF OWNERS.—No lands or

22 interest in land may be acquired with any Fed23 eral funds authorized or transferred pursuant

24 to this Act except with the consent of the owner

25 of the land or interest in land.
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1 (C) INABILITY TO ACQUIRE LANDS.—If the

2 Commission is unable to acquire all of the lands

3 within the Reserve, to the extent Federal funds

4 are utilized pursuant to this Act, the Commis5 sion shall acquire all or a portion of the lands

6 identified as ‘‘National Park Service Wilderness

7 Easement Lands’’ and ‘‘National Park Service

8 Conservation Easement Lands’’ on the map de9 scribed in section 5(b) before proceeding with

10 the acquisition of any other lands within the

11 Reserve.

12 (D) CONVEYANCE OF EASEMENT.—Within

13 30 days after acquiring any of the lands identi14 fied as ‘‘National Park Service Wilderness

15 Easement Lands’’ and ‘‘National Park Service

16 Conservation Easement Lands’’ on the map de17 scribed in section 5(b), the Commission shall

18 convey to the United States—

19 (i) conservation easements on the

20 lands described as ‘‘National Park Service

21 Wilderness Easement Lands’’ on the map

22 described in section 5(b), which easements

23 shall provide that the lands shall be man24 aged to protect their wilderness character;

25 and
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1 (ii) conservation easements on the

2 lands described as ‘‘National Park Service

3 Conservation Easement Lands’’ on the

4 map described in section 5(b), which ease5 ments shall restrict and limit development

6 and use of the property to that develop7 ment and use that is—

8 (I) compatible with the protection

9 of the Appalachian National Scenic

10 Trail; and

11 (II) consistent with the general

12 management plan prepared pursuant

13 to section 6(b).

14 (2) MATCHING FUNDS.—Funds may be trans15 ferred to the Commission only to the extent that

16 they are matched from funds contributed by non17 Federal sources.

18 SEC. 6. MANAGEMENT OF THE RESERVE.

19 (a) IN GENERAL.—The Commission shall manage the

20 lands acquired within the Reserve in a manner that is con21 sistent with the Commission’s authorities and with the

22 purposes of this Act.

23 (b) GENERAL MANAGEMENT PLAN.—Within 3 years

24 after the date of enactment of this Act, the Commission
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1 shall prepare a general management plan for the Reserve

2 and submit the plan to the Secretary for approval.

3 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

4 (a) IN GENERAL.—There are authorized to be appro5 priated such sums as are necessary to carry out this Act,

6 to remain available until expended.

7 (b) LAND ACQUISITION.—Of amounts appropriated

8 pursuant to subsection (a), the Secretary may transfer to

9 the Commission not more than $17,500,000 for the acqui10 sition of lands and interests in land within the Reserve.

Æ