Highlands Conservation Act
PL 108-421 (H.R.1964), enacted 11/30/2004

118 STAT. 2375
PUBLIC LAW 108–421—NOV. 30, 2004
Public Law 108–421
108th Congress
An Act
To assist the States of Connecticut, New Jersey, New York, and Pennsylvania
in conserving priority lands and natural resources in the Highlands region, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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, forest, agricul-
tural, wildlife, recreational, and cultural resources of the High-
lands 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 finan-
cial assistance to the Highlands States to preserve and protect
high priority conservation land in the Highlands region; and
(3) to continue the ongoing Forest Service programs in
the Highlands region 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.
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 head-
quarters 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 conserva-
tion project—
(A) located in the Highlands region;
Highlands
Conservation
Act.
Nov. 30, 2004
[H.R. 1964]
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118 STAT. 2376
PUBLIC LAW 108–421—NOV. 30, 2004
(B) identified by the Forest Service in the Study, the
Update, or any subsequent Pennsylvania 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 partner-
ship with the Federal Government.
(4) NON-FEDERAL ENTITY.—The term ‘‘non-Federal entity’’
means—
(A) any Highlands State; or
(B) any agency or department of any Highlands State
with authority to own and manage land for conservation
purposes, including the Palisades Interstate Park Commis-
sion.
(5) STUDY.—The term ‘‘Study’’ means the New York-New
Jersey Highlands Regional Study conducted 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 UPDATE.—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 HIGH-
LANDS REGION.
(a) SUBMISSION OF PROPOSED PROJECTS.—Each year, the gov-
ernors of the Highlands States, with input from pertinent units
of local government and the public, may—
(1) jointly identify land conservation partnership projects
in the Highlands region from land identified as having high
conservation values in the Study, the Update, or the Pennsyl-
vania and Connecticut Update that shall be proposed for Fed-
eral financial assistance; and
(2) submit a list of those projects to the Secretary of the
Interior.
(b) CONSIDERATION OF PROJECTS.—Each year, the Secretary
of the Interior, in consultation with the Secretary of Agriculture,
shall submit to Congress a list of the land conservation partnership
projects submitted under subsection (a)(2) that are eligible to receive
financial assistance under this section.
(c) ELIGIBILITY CONDITIONS.—To be eligible for financial assist-
ance under this section for a land conservation partnership project,
a non-Federal entity shall enter into an agreement with the Sec-
retary 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 under subsection (d);
(3) describes the management objectives for the land that
will ensure 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 converts, uses,
or disposes of the land conservation partnership project for
Contracts.
Reports.
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a purpose inconsistent with the purpose for which the assist-
ance was provided, as determined 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 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
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 conserva-
tion 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 conservation value
in the Pennsylvania and Connecticut Update.
(d) NON-FEDERAL SHARE REQUIREMENT.—The Federal 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 Interior $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 under-
take 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
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, including 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 government,
individual landowners, and private organizations in identifying
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118 STAT. 2378
PUBLIC LAW 108–421—NOV. 30, 2004
LEGISLATIVE HISTORY—H.R. 1964:
HOUSE REPORTS: No. 108–373, Pt. 1 (Comm. on Resources).
SENATE REPORTS: No. 108–376 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 149 (2003): Nov. 21, considered and passed House.
Vol. 150 (2004): Oct. 10, considered and passed Senate, amended.
Nov. 17, House concurred in Senate amendment.
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 Agriculture 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 government 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 liability, or
has any effect on liability under any other law, of a private property
owner with respect to any persons injured on the private property.
(c) RECOGNITION
OF AUTHORITY TO CONTROL LAND USE.—
Nothing in this Act modifies any authority of Federal, State, or
local governments to regulate land use.
(d) PARTICIPATION
OF PRIVATE PROPERTY OWNERS.—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.
Approved November 30, 2004.
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