I
107TH CONGRESS
2D SESSION
H. R. 5146
To establish the Highlands Stewardship Area in the States of Connecticut,
New Jersey, New York, and Pennsylvania, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 17, 2002
Mr. GILMAN (for himself, Mrs. ROUKEMA, Mr. FRELINGHUYSEN, Mrs. KELLY,
Mrs. JOHNSON of Connecticut, Mr. HOLT, Mr. WALSH, Mrs. MCCARTHY
of New York, and Mr. ENGEL) introduced the following bill; which was
referred to the Committee on Resources
A BILL
To establish the Highlands Stewardship Area in the States
of Connecticut, New Jersey, New York, and Pennsyl-
vania, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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.
Congress finds that—
(1) the Highlands region is a geographic area
that encompasses more than 2,000,000 acres extend-
ing from eastern Pennsylvania through the States of
New Jersey and New York to northwestern Con-
necticut;
(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, in-
cluding habitat for threatened and endangered
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—
(i) recreational resources; and
(ii) cultural and multicultural land-
scapes relating to the development of com-
merce, transportation, the maritime indus-
try, agriculture, and industry in the High-
lands 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 ad-
jacent to the Philadelphia-New York City-Hartford
urban corridor that offers the opportunity to pre-
serve natural and agricultural resources, open
spaces, recreational areas, and historic sites, while
encouraging sustainable economic growth and devel-
opment in a fiscally and environmentally sound man-
ner;
(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;
(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 natural, agricultural, and cultural re-
sources 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 con-
ducted 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 Con-
servation 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 pro-
tect, conserve, restore, promote, or interpret re-
sources 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 Cor-
ridors;
(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 Rec-
reational 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 resi-
dents 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, con-
serving, preserving, and promoting the resources of
the Highlands region; and
(12) because of the longstanding Federal prac-
tice of assisting States in creating, protecting, con-
serving, preserving, and interpreting areas of signifi-
cant 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 re-
sources 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 en-
tities, and units of local government, public and pri-
vate 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, conserva-
tion, preservation, and sustainable management of
forests, land, and water in the Highlands region, in-
cluding assistance for—
(A) voluntary programs to promote and
support private landowners in carrying out for-
est land and open space retention and sustain-
able 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, edu-
cation, and recreational programs and sustainable
economic projects in the Highlands region; and
(5) to coordinate with and assist the manage-
ment 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.
In this Act:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any agricultural producer, regional entity,
unit of local government, public entity, private enti-
ty, or other private landowner in the Stewardship
Area.
(2) HIGHLANDS
REGION.—The term ‘‘High-
lands 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 en-
tity acquires land or an interest in land from a will-
ing seller for the purpose of protecting, conserving,
or preserving the natural, forest, agricultural, rec-
reational, historical, or cultural resources of the
Stewardship Area.
(5) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Highlands Stewardship established under sec-
tion 6(a).
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(7) STEWARDSHIP AREA.—The term ‘‘Steward-
ship 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 Assess-
ment 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 Sec-
retary of the Interior shall establish the Highlands Stew-
ardship 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 en-
tities, and units of local government; and
(2) utilize the study, the update, and relevant
State resource analyses.
(c) MAP.—
(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 de-
picting 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 In-
terior.
SEC. 6. OFFICE OF HIGHLANDS STEWARDSHIP.
(a) ESTABLISHMENT.—The Secretary, in consulta-
tion with the Under Secretary of Agriculture for Natural
Resources and Environment, the Chief of the Natural Re-
sources Conservation Service, the Administrator of the
Farm Service Agency, the Chief of the Forest Service, and
the Under Secretary for Rural Development, shall estab-
lish 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 es-
tablish an advisory committee to be known as the
‘‘Highlands Stewardship Area Work Group’’ to as-
sist 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 representa-
tives of private conservation groups, academic insti-
tutions, 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 Inte-
rior 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 re-
gion; and
(D) policy and educational initiatives nec-
essary to implement the findings of the study
and update.
(d) FINANCIAL AND TECHNICAL ASSISTANCE.—
(1) IN GENERAL.—The Office may provide fi-
nancial and technical assistance to an eligible entity
to carry out a project to protect, restore, preserve,
promote, or interpret the natural, agricultural, his-
torical, 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.
(3) CONDITIONS.—
(A) IN GENERAL.—The provision of finan-
cial 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 in-
consistent with the purpose for which the finan-
cial 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 Gov-
ernors of the Highlands States, shall annually designate
land conservation partnership projects that are eligible to
receive financial assistance under this section.
(b) CONDITIONS.—
(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—
(A) identifies—
(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 de-
termined at the time of conversion, use, or dis-
posal, 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 as-
sistance 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 Fed-
eral share of the cost of carrying out a land con-
servation 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 avail-
able 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).
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