Calendar No. 58

104TH CONGRESS

1ST SESSION S. 223

[Report No. 104–35]

A BILL

To authorize the Secretary of the Interior to prolands Region, and for other purposes. Forest area of the New York/New Jersey High- mission for acquisition of land in the Sterling vide funds to the Palisades Interstate Park ComAPRIL 7 (legislative day, APRIL 5), 1995

Reported without amendment
II

Calendar No. 58

104TH CONGRESS

1ST SESSION S. 223

[Report No. 104–35]

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

APRIL 7 (legislative day, APRIL 5), 1995

Reported by Mr. MURKOWSKI, without amendment

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Sterling Forest Protec3 tion Act of 1995’’.

4 SEC. 2. FINDINGS.

5 The Congress finds that—

6 (1) the Palisades Interstate Park Commission

7 was established pursuant to a joint resolution of the

8 75th Congress approved in 1937 (Public Resolution

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

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

11 chapter 148 of the Laws of 1937 of the State of

12 New Jersey;

13 (2) the Palisades Interstate Park Commission

14 is responsible for the management of 23 parks and

15 historic sites in New York and New Jersey, compris16 ing over 82,000 acres;

17 (3) over 8,000,000 visitors annually seek out18 door recreational opportunities within the Palisades

19 Park System;

20 (4) Sterling Forest is a biologically diverse open

21 space on the New Jersey border comprising approxi22 mately 17,500 acres, and is a highly significant wa23 tershed area for the State of New Jersey, providing

24 the source for clean drinking water for 25 percent

25 of the State;
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1 (5) Sterling Forest is an important outdoor rec2 reational asset in the northeastern United States,

3 within the most densely populated metropolitan re4 gion in the Nation;

5 (6) Sterling Forest supports a mixture of hard6 wood forests, wetlands, lakes, glaciated valleys, is

7 strategically located on a wildlife migratory route,

8 and provides important habitat for 27 rare or en9 dangered species;

10 (7) the protection of Sterling Forest would

11 greatly enhance the Appalachian National Scenic

12 Trail, a portion of which passes through Sterling

13 Forest, and would provide for enhanced recreational

14 opportunities through the protection of lands which

15 are an integral element of the trail and which would

16 protect important trail viewsheds;

17 (8) stewardship and management costs for

18 units of the Palisades Park System are paid for by

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

20 protection of Sterling Forest through the Palisades

21 Interstate Park Commission will involve a minimum

22 of Federal funds;

23 (9) given the nationally significant watershed,

24 outdoor recreational, and wildlife qualities of Ster25 ling Forest, the demand for open space in the north-
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1 eastern United States, and the lack of open space in

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

3 clear Federal interest in acquiring the Sterling For4 est for permanent protection of the watershed, out5 door recreational resources, flora and fauna, and

6 open space; and

7 (10) such an acquisition would represent a cost

8 effective investment, as compared with the costs that

9 would be incurred to protect drinking water for the

10 region should the Sterling Forest be developed.

11 SEC. 3. PURPOSES.

12 The purposes of this Act are—

13 (1) to establish the Sterling Forest Reserve in

14 the State of New York to protect the significant wa15 tershed, wildlife, and recreational resources within

16 the New York-New Jersey highlands region;

17 (2) to authorize Federal funding, through the

18 Department of the Interior, for a portion of the ac19 quisition costs for the Sterling Forest Reserve;

20 (3) to direct the Palisades Interstate Park

21 Commission to convey to the Secretary of the Inte22 rior certain interests in lands acquired within the

23 Reserve; and
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1 (4) to provide for the management of the Ster2 ling Forest Reserve by the Palisades Interstate Park

3 Commission.

4 SEC. 4. DEFINITIONS.

5 In this Act:

6 (1) COMMISSION.—The term ‘‘Commission’’

7 means the Palisades Interstate Park Commission es8 tablished pursuant to Public Resolution No. 65 ap9 proved August 19, 1937 (ch. 707; 50 Stat. 719).

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

11 Sterling Forest Reserve.

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

13 the Secretary of the Interior.

14 SEC. 5. ESTABLISHMENT OF THE STERLING FOREST RE15 SERVE.

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

17 Commission to the Secretary that the Commission has ac18 quired sufficient lands or interests therein to constitute

19 a manageable unit, there is established the Sterling Forest

20 Reserve in the State of New York.

21 (b) MAP.—

22 (1) COMPOSITION.—The Reserve shall consist

23 of lands and interests therein acquired by the Com24 mission within the approximately 17,500 acres of

25 lands as generally depicted on the map entitled
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1 ‘‘Boundary Map, Sterling Forest Reserve’’, num2 bered SFR–60,001 and dated July 1, 1994.

3 (2) AVAILABILITY FOR PUBLIC INSPECTION.—

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

5 and available for public inspection in the offices of

6 the Commission and the appropriate offices of the

7 National Park Service.

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

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

10 funds as are appropriated for the acquisition of lands and

11 interests therein within the Reserve.

12 (d) CONDITIONS OF FUNDING.—

13 (1) AGREEMENT BY THE COMMISSION.—Prior

14 to the receipt of any Federal funds authorized by

15 this Act, the Commission shall agree to the follow16 ing:

17 (A) CONVEYANCE OF LANDS IN EVENT OF

18 FAILURE TO MANAGE.—If the Commission fails

19 to manage the lands acquired within the Re20 serve in a manner that is consistent with this

21 Act, the Commission shall convey fee title to

22 such lands to the United States, and the agree23 ment stated in this subparagraph shall be re24 corded at the time of purchase of all lands ac25 quired within the Reserve.
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1 (B) CONSENT OF OWNERS.—No lands or

2 interest in land may be acquired with any Fed3 eral funds authorized or transferred pursuant

4 to this Act except with the consent of the owner

5 of the land or interest in land.

6 (C) INABILITY TO ACQUIRE LANDS.—If the

7 Commission is unable to acquire all of the lands

8 within the Reserve, to the extent Federal funds

9 are utilized pursuant to this Act, the Commis10 sion shall acquire all or a portion of the lands

11 identified as ‘‘National Park Service Wilderness

12 Easement Lands’’ and ‘‘National Park Service

13 Conservation Easement Lands’’ on the map de14 scribed in section 5(b) before proceeding with

15 the acquisition of any other lands within the

16 Reserve.

17 (D) CONVEYANCE OF EASEMENT.—Within

18 30 days after acquiring any of the lands identi19 fied as ‘‘National Park Service Wilderness

20 Easement Lands’’ and ‘‘National Park Service

21 Conservation Easement Lands’’ on the map de22 scribed in section 5(b), the Commission shall

23 convey to the United States—

24 (i) conservation easements on the

25 lands described as ‘‘National Park Service
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1 Wilderness Easement Lands’’ on the map

2 described in section 5(b), which easements

3 shall provide that the lands shall be man4 aged to protect their wilderness character;

5 and

6 (ii) conservation easements on the

7 lands described as ‘‘National Park Service

8 Conservation Easement Lands’’ on the

9 map described in section 5(b), which ease10 ments shall restrict and limit development

11 and use of the property to that develop12 ment and use that is—

13 (I) compatible with the protection

14 of the Appalachian National Scenic

15 Trail; and

16 (II) consistent with the general

17 management plan prepared pursuant

18 to section 6(b).

19 (2) MATCHING FUNDS.—Funds may be trans20 ferred to the Commission only to the extent that

21 they are matched from funds contributed by non22 Federal sources.

23 SEC. 6. MANAGEMENT OF THE RESERVE.

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

25 lands acquired within the Reserve in a manner that is con-
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1 sistent with the Commission’s authorities and with the

2 purposes of this Act.

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

4 after the date of enactment of this Act, the Commission

5 shall prepare a general management plan for the Reserve

6 and submit the plan to the Secretary for approval.

7 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

8 (a) IN GENERAL.—There are authorized to be appro9 priated such sums as are necessary to carry out this Act,

10 to remain available until expended.

11 (b) LAND ACQUISITION.—Of amounts appropriated

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

13 the Commission not more than $17,500,000 for the acqui14 sition of lands and interests in land within the Reserve.