108TH CONGRESS 
1ST SESSION 
H. R. 1964 
AN ACT 
To assist the States of Connecticut, New Jersey, 
New York, and Pennsylvania in conserving pri-
ority lands and natural resources in the High-
lands region, and for other purposes. 
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108TH CONGRESS 
1ST SESSION H. R. 1964 
AN ACT 
To assist the States of Connecticut, New Jersey, New York, 
and Pennsylvania in conserving priority lands and nat-
ural resources in the Highlands region, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Highlands Conserva-
tion Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following— 
(1) The Highlands region is a physiographic 
province that encompasses more than 2,000,000 
acres extending from eastern Pennsylvania through 
the States of New Jersey and New York to north-
western 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, in-
cluding habitat for 247 threatened and endan-
gered species; 
(C) maintains an important historic con-
nection to early Native American culture, colo-
nial settlement, the American Revolution, and 
the Civil War; 
(D) contains recreational resources for 14 
million visitors annually; 
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(E) provides other significant ecological, 
natural, tourism, recreational, educational, and 
economic benefits; and 
(F) provides homeownership opportunities 
and access to affordable housing that is safe, 
clean, and healthy. 
(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 ad-
jacent to the Philadelphia-New York City-Hartford 
urban corridor that offers the opportunity to pre-
serve water, forest and agricultural resources, wild-
life habitat, 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; 
(B) reduce air quality; 
(C) fragment the forests; 
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(D) destroy critical migration corridors 
and forest habitat; and 
(E) result in the loss of recreational oppor-
tunities and scenic, historic, and cultural re-
sources. 
(7) The water, forest, wildlife, recreational, ag-
ricultural, 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 na-
tionally 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 Con-
servation Plan; 
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(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 adja-
cent to numerous parcels of land owned by the Fed-
eral Government or federally designated areas that 
protect, conserve, or restore resources of the High-
lands 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 Cor-
ridors; 
(E) the Hudson River Valley National 
Heritage Area; 
(F) the Delaware River Basin; 
(G) the Delaware Water Gap National 
Recreation Area; 
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(H) the Upper Delaware Scenic and Rec-
reational River; 
(I) the Appalachian National Scenic Trail; 
(J) the United States Military Academy at 
West Point, New York; 
(K) the Highlands National Millenium 
Trail; 
(L) the Great Swamp National Wildlife 
Refuge; 
(M) the proposed Crossroads of the Revo-
lution National Heritage Area; 
(N) the proposed Musconetcong National 
Scenic and Recreational River in New Jersey; 
and 
(O) the Farmington River Wild and Scenic 
Area in Connecticut. 
(10) It is in the interest of the United States 
to protect, conserve, and restore 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, and units of local gov-
ernment in the Highlands region have the primary 
responsibility for protecting, conserving, preserving, 
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restoring and promoting the resources of the High-
lands region. 
(12) Because of the longstanding Federal prac-
tice of assisting States in creating, protecting, con-
serving, and restoring areas of significant natural 
and cultural importance, and the national signifi-
cance of the Highlands region, the Federal Govern-
ment should, in partnership with the Highlands 
States and units of local government in the High-
lands region, protect, restore, and preserve the 
water, forest, agricultural, wildlife, recreational and 
cultural resources of the Highlands region. 
SEC. 3. PURPOSES. 
The purposes of this Act are as follows: 
(1) To recognize the importance of the water, 
forest, agricultural, wildlife, recreational and cultural 
resources of the Highlands, and the national signifi-
cance of the Highlands region to the United States. 
(2) To authorize the Secretary of the Interior 
to work in partnership with the Secretary of Agri-
culture to provide financial assistance to the High-
lands States to preserve and protect high priority 
conservation lands in the Highlands region. 
(3) To continue the ongoing Forest Service pro-
grams in the Highlands region to assist the High-
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lands States, local units of government and private 
forest and farm landowners in the conservation of 
lands and natural resources in the Highlands region. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) HIGHLANDS
REGION.—The term ‘‘High-
lands region’’ means the physiographic province, de-
fined by the Reading Prong and ecologically similar 
adjacent upland areas, that encompasses more than 
2,000,000 acres extending from eastern Pennsyl-
vania through the States of New Jersey and New 
York to northwestern Connecticut. 
(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; 
(D) the State of Pennsylvania; and 
(E) any agency or department of any 
Highlands State. 
(3) 
LAND
CONSERVATION
PARTNERSHIP 
PROJECT.—The term ‘‘land conservation partnership 
project’’ means a land conservation project located 
within the Highlands region identified as having 
high conservation value by the Forest Service in 
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which a non-Federal entity acquires land or an in-
terest in land from a willing seller for the purpose 
of permanently protecting, conserving, or preserving 
the land through a partnership with the Federal 
Government. 
(4) NON-FEDERAL
ENTITY.—The term ‘‘non- 
Federal entity’’ means any Highlands State, or 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 con-
ducted 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. 
SEC. 5. LAND CONSERVATION PARTNERSHIP PROJECTS IN 
THE HIGHLANDS REGION. 
(a) SUBMISSION OF PROPOSED PROJECTS.—Annu-
ally, the Governors of the Highlands States, with input 
from pertinent units of local government and the public, 
may jointly identify land conservation partnership projects 
in the Highlands region that shall be proposed for Federal 
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financial assistance and submit a list of those projects to 
the Secretary of the Interior. 
(b) CONSIDERATION OF PROJECTS.—The Secretary 
of the Interior, in consultation with the Secretary of Agri-
culture, shall annually submit to Congress a list of those 
land conservation partnership projects submitted under 
subsection (a) that are eligible to receive financial assist-
ance under this section. 
(c) ELIGIBILITY CONDITIONS.—To be eligible for fi-
nancial assistance under this section for a land conserva-
tion 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 required under subsection (d); 
(3) describes the management objectives for the 
land that will assure 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 con-
verts, uses, or disposes of the land conservation 
partnership project for a purpose inconsistent with 
the purpose for which the assistance was provided, 
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as determined by the Secretary of the Interior, the 
United States may seek specific performance of the 
conditions of financial assistance in accordance with 
paragraph (3) in Federal court and shall be entitled 
to reimbursement from the non-Federal entity in an 
amount that is, as determined at the time of conver-
sion, use, or disposal, the greater of— 
(A) the total amount of the financial as-
sistance provided for the project by the Federal 
Government under this section; or 
(B) the amount by which the financial as-
sistance increased the value of the land or in-
terest in land; and 
(5) provides that land conservation partnership 
projects will be consistent with areas identified as 
having high conservation value in the following: 
(A) Important Areas portion of the Forest 
Service study. 
(B) Conservation Focal Areas portion of 
the Forest Service update. 
(C) Conservation Priorities portion of the 
update. 
(D) Lands identified as having higher or 
highest resource value in the Conservation Val-
ues Assessment portion of the update. 
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(d) NON-FEDERAL
SHARE
REQUIREMENT.—The 
Federal share of the cost of carrying out a land conserva-
tion partnership project under this section shall not exceed 
50 percent of the total cost of the land conservation part-
nership project. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of the Inte-
rior from the general funds of the Treasury or the Land 
and Water Conservation Fund to carry out this section 
$10,000,000 for each of the fiscal years 2005 through 
2014. Amounts appropriated pursuant to this authoriza-
tion of appropriations shall remain available until ex-
pended. 
SEC. 6. FOREST SERVICE AND USDA PROGRAMS IN THE 
HIGHLANDS REGION. 
(a) IN GENERAL.—In order 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 con-
tinue to assist the Highlands States, local units of govern-
ment, and private forest and farm landowners in the con-
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servation of lands 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 as appropriate 
in the Highlands region consistent with the purposes 
of this Act; 
(2) communicate the findings of the study and 
update and maintain a public dialogue regarding im-
plementation of the study and update; and 
(3) assist the Highland States, local units of 
government, individual landowners, and private or-
ganizations in identifying and using Forest Service 
and other technical and financial assistance pro-
grams of the Department of Agriculture. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Agri-
culture to carry out this section $1,000,000 for each of 
the fiscal years 2005 through 2014. 
SEC. 7. PRIVATE PROPERTY PROTECTION AND LACK OF 
REGULATORY EFFECT. 
(a) ACCESS
TO PRIVATE PROPERTY.—Nothing in 
this Act shall be construed to— 
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(1) require any private property owner to per-
mit public access (including Federal, State, or local 
government access) to such private property; and 
(2) modify any provision of Federal, State, or 
local law with regard to public access to or use of 
private lands. 
(b) LIABILITY.—Nothing in this Act shall be con-
strued to create any liability, or to have any effect on any 
liability under any other law, of any private property 
owner with respect to any persons injured on such private 
property. 
(c) RECOGNITION OF AUTHORITY TO CONTROL LAND 
USE.—Nothing in this Act shall be construed to modify 
any authority of Federal, State, or local governments to 
regulate land use. 
(d) PARTICIPATION OF PRIVATE PROPERTY OWN-
ERS.—Nothing in this Act shall be construed to require 
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 LANDS OR INTERESTS IN LANDS 
FROM WILLING SELLERS ONLY.—Funds appropriated to 
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carry out this Act shall be used to purchase lands or inter-
ests in lands only from willing sellers. 
Passed the House of Representatives November 21, 
2003. 
Attest: 
Clerk. 
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