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-
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—
(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 
carry out this Act shall be used to purchase lands or inter-
ests in lands only from willing sellers.
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Highlands Conservation 
Act’’.
SEC. 2. PURPOSES. 
The purposes of this Act are—
(1) to recognize the importance of the water, for-
est, agricultural, wildlife, recreational, and cultural 
resources of the Highlands region, and the national 
significance of the Highlands region to the United 
States; 
(2) to authorize the Secretary of the Interior to 
work in partnership with the Secretary of Agriculture 
to provide financial assistance to the Highlands 
States to preserve and protect high priority conserva-
tion land in the Highlands region; and 
(3) to continue the ongoing Forest Service pro-
grams in the Highlands region to assist the High-
lands States, local units of government, and private 
forest and farm landowners in the conservation of 
land and natural resources in the Highlands region. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) HIGHLANDS REGION.—The term ‘‘Highlands 
region’’ means the area depicted on the map entitled 
‘‘The Highlands Region’’, dated June 2004, including 
the list of municipalities included in the Highlands 
region, and maintained in the headquarters of the 
Forest Service in Washington, District of Columbia.
(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; and 
(D) the State of Pennsylvania. 
(3) 
LAND
CONSERVATION
PARTNERSHIP 
PROJECT.—The term ‘‘land conservation partnership 
project’’ means a land conservation project—
(A) located in the Highlands region; 
(B) identified by the Forest Service in the 
Study, the Update, or any subsequent Pennsyl-
vania and Connecticut Update as having high 
conservation value; and 
(C) in which a non-Federal entity acquires 
land or an interest in land from a willing seller 
to permanently protect, conserve, or preserve the 
land through a partnership with the Federal 
Government. 
(4) NON-FEDERAL ENTITY.—The term ‘‘non-Fed-
eral entity’’ means—
(A) any Highlands State; or 
(B) any agency or department of any High-
lands 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. 
(7) 
PENNSYLVANIA
AND
CONNECTICUT
UP-
DATE.—The term ‘‘Pennsylvania and Connecticut 
Update’’ means a report to be completed by the Forest 
Service that identifies areas having high conservation 
values in the States of Connecticut and Pennsylvania 
in a manner similar to that utilized in the Study 
and Update. 
SEC. 4. LAND CONSERVATION PARTNERSHIP PROJECTS IN 
THE HIGHLANDS REGION. 
(a) SUBMISSION
OF PROPOSED PROJECTS.—Each 
year, the governors of the Highlands States, with input 
from pertinent units of local government and the public, 
may—
(1) jointly identify land conservation partner-
ship projects in the Highlands region from land iden-
tified as having high conservation values in the 
Study, the Update, or the Pennsylvania and Con-
purpose for which the assistance was provided, as de-
termined by the Secretary of the Interior, the United 
States—
(A) may seek specific performance of the 
conditions of financial assistance in accordance 
with paragraph (3) in Federal court; and 
(B) shall be entitled to reimbursement from 
the non-Federal entity in an amount that is, as 
determined 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 
(5) provides that land conservation partnership 
projects will be consistent with areas identified as 
having high conservation value in—
(A) the Important Areas portion of the 
Study; 
(B) the Conservation Focal Areas portion of 
the Update; 
(C) the Conservation Priorities portion of 
the Update;
(D) land identified as having higher or 
highest resource value in the Conservation Values 
Assessment portion of the Update; and 
(E) land identified as having high conserva-
tion value in the Pennsylvania and Connecticut 
Update. 
(d) NON-FEDERAL SHARE REQUIREMENT.—The Fed-
eral share of the cost of carrying out a land conservation 
partnership project under this section shall not exceed 50 
percent of the total cost of the land conservation partnership 
project. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of the Inte-
rior $10,000,000 for each of fiscal years 2005 through 2014, 
to remain available until expended. 
SEC. 5. FOREST SERVICE AND USDA PROGRAMS IN THE 
HIGHLANDS REGION. 
(a) IN GENERAL.—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 Sec-
retary of Agriculture, acting through the Chief of the Forest 
Service and in consultation with the Chief of the National 
Resources Conservation Service, shall continue to assist the 
Highlands States, local units of government, and private
forest and farm landowners in the conservation of land 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 in the Highlands 
region consistent with the purposes of this Act, in-
cluding a Pennsylvania and Connecticut Update; 
(2) communicate the findings of the Study and 
Update and maintain a public dialogue regarding 
implementation of the Study and Update; and 
(3) assist the Highland States, local units of gov-
ernment, individual landowners, and private organi-
zations in identifying and using Forest Service and 
other technical and financial assistance programs 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 fiscal 
years 2005 through 2014. 
SEC. 6. PRIVATE PROPERTY PROTECTION AND LACK OF 
REGULATORY EFFECT. 
(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this 
Act—
(1) requires a private property owner to permit 
public access (including Federal, State, or local gov-
ernment access) to private property; or 
(2) modifies any provision of Federal, State, or 
local law with regard to public access to, or use of, 
private land. 
(b) LIABILITY.—Nothing in this Act creates any liabil-
ity, or has any effect on liability under any other law, of 
a private property owner with respect to any persons in-
jured on the private property. 
(c) RECOGNITION OF AUTHORITY TO CONTROL LAND 
USE.—Nothing in this Act modifies any authority of Fed-
eral, State, or local governments to regulate land use. 
(d) PARTICIPATION
OF PRIVATE PROPERTY OWN-
ERS.—Nothing in this Act requires 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 LAND OR INTERESTS IN LAND FROM 
WILLING SELLERS ONLY.—Funds appropriated to carry 
out this Act shall be used to purchase land or interests in 
land only from willing sellers.
Calendar No. 735
108TH CONGRESS 
2D SESSION 
H. R. 1964
[Report No. 108–376] 
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. 
SEPTEMBER 28, 2004
Reported with an amendment