(E) other community organizations and individual stakeholders.
(3) Action following disapproval.--
(A) In general.--If the Secretary disapproves a cooperative agreement or management plan, the Secretary shall--
(i) advise the management entity in writing of the reasons for the disapproval; and
(ii) make recommendations for revisions in the cooperative agreement or plan.
(B) Time period for disapproval.--Not later than 90 days after the date on which a revision described under subparagraph (A)(ii) is submitted, the Secretary shall approve or disapprove the proposed revision.
(c) Approval of Amendments.--
(1) In general.--The Secretary shall review and approve substantial amendments to the management plan.
(2) Funding expenditure limitation.--Funds appropriated under this title may not be expended to implement any substantial amendment until the Secretary approves the amendment.
SEC. 208. CULTURE AND HERITAGE OF ANTHRACITE COAL REGION.
(a) In General.--The management entities of heritage areas (other than the Heritage Area) in the anthracite coal region in the State shall cooperate in the management of the Heritage Area.
(b) Funding.--Management entities described in subsection (a) may use funds appropriated for management of the Heritage Area to carry out this section.
SEC. 209. SUNSET.
The Secretary may not make any grant or provide any assistance under this title after the date that is 15 years after the date of the enactment of this title.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry out this title not more than $10,000,000, of which not more than $1,000,000 is authorized to be appropriated for any 1 fiscal year.
(b) Federal Share.--Federal funding provided under this title may not exceed 50 percent of the total cost of any project or activity funded under this title.
CONGRESSIONAL ACT DESIGNATING HIGHLANDS REGION
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.
November. 30, 2004
Public Law 108-421
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, 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 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 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 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 partnership 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 Commission.
(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 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 partnership projects in the Highlands region from land identified as having high conservation values in the Study, the Update, or the Pennsylvania and Connecticut Update that shall be proposed for Federal 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 assistance under this section for a land conservation 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 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 a purpose inconsistent with the purpose for which the assistance
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 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 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 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 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 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.
SELECTED REFERENCES and CITATIONS
Natural Lands Trust
Hopewell Big Woods Landscape Conservation Plan. Media, PA, 2003.
Schuylkill River Greenway Association
Wallace, Roberts & Todd, LLC. Living with the River: Schuylkill River National and State Heritage Area Final Management Plan and Environmental Impact Statement. Pottstown, PA. 2003.
U.S. Department of Agriculture, Natural Resources Conservation Service
2005 Information extracted from the Natural Resources Conservation Service web site www.NRCS.gov.
U.S. Department of the Interior, Fish and Wildlife Service.
National Wetland Inventory, Elverson, Pennsylvania Quadrangle (Scale1:24000). 1982.
U.S. Department of the Interior, National Park Service
Brown, Eric and Edie Shean-Hammond. Personal Communication between Park Manager, French Creek State Park, Pennsylvania Department of Conservation of Natural Resources and Park Superintendent, Hopewell Furnace National Historic Site, National Park Service. 2007.
Catts, Wade P., Juliette Gerhardt and James Kurtz. Hopewell Furnace National Historic Site Archeological Overview and Assessment. 2004.
Garfinkel, April L. and William E. Sharpe. Hopewell Furnace National Historic Site Water Quality Survey. 2005.
Glaser, Leah. Administrative History of Hopewell Furnace National Historic Site. 2004.
Kise, Franks and Straw, Cultural Resources Group, Cultural Landscapes Inventory: Hopewell Furnace Landscape. 2003.
Parker, Scott K and Wade P. Catts. Report of an Archeological Survey of Five Domestic Sites at Hopewell Furnace National Historic Site, Berks and Chester Counties, Pennsylvania. 2004
Rivers and Trails Conservation Assistance Program. Horse-Shoe Trail Protection Plan. Philadelphia, PA. 1990.
Robinson & Associates, Inc. in association with architrave p.c. architects. Hopewell Furnace National Historic Site Historic Resource Study. 2004.
Stanton, Cathy. Cultures in Flux: New Approaches to 'Traditional Association' at Hopewell Furnace National Historic Site: Ethnographic Overview and Assessment, Hopewell Furnace NHS. 2006.
U.S. Department of the Interior, U.S. Geological Survey
2001 National Park Service Management Policies. Washington, D.C.
NATIONAL PARK SERVICE ENABLING LEGISLATION
Act of August 25, 1916 (National Park Service Organic Act), Public Law (P.L.) 64-235, 16 United States Code (U.S.C) Section (§) (et seq (and the following ones)) as amended
Reorganization Act of March 3, 1933, 47 Statutes (Stat.) 1517
General Authorities Act, October 7, 1976, P.L. 94-458, 90 Stat. 1939, 16 U.S.C. §1a-1 et seq.
Act amending the Act of October 2, 1968 (commonly called Redwoods Act), March 27, 1978, P.L. 95-250, 92 Stat. 163, 16 U.S.C. Subsection(s) (§§) 1a-1, 79a-q
National Parks and Recreation Act, November 10, 1978, P.L. 95-625, 92 Stat. 3467; 16 U.S.C. §1 et seq.
Americans with Disabilities Act, P.L. 101-336, 104 Stat. 327, 42 U.S.C. §12101
Architectural Barriers Act of 1968, P.L. 90-480, 82 Stat. 718, 42 U.S.C. §4151 et seq.
Rehabilitation Act of 1973, P.L. 93-112, 87 Stat. 357, 29 U.S.C. §701 et seq. as amended by the Rehabilitation Act Amendments of 1974, 88 Stat. 1617
CULTURAL RESOURCES CITATIONS
American Indian Religious Freedom Act, P.L. 95-341, 92 Stat. 469, 42 U.S.C. §1996
Antiquities Act of 1906, P.L. 59-209, 34 Stat. 225, 16 U.S.C. §432 and 43 Code of Federal Regulations (CFR) 3
Archeological and Historic Preservation Act of 1974, P.L. 93-291, 88 Stat. 174, 16 U.S.C. §469
Archeological Resources Protection Act of 1979, P.L. 96-95, 93 Stat. 712, 16 U.S.C. §470aa et seq. and 43 CFR 7, subparts A and B, 36 CFR 79
National Historic Preservation Act as amended, P.L. 89-665, 80 Stat. 915, 16 U.S.C. §470 et seq. and 36 CFR 18, 60, 61, 63, 68, 79, 800
Native American Graves Protection and Repatriation Act of 1990, 25 U.S.C. 3001 et seq. and 43 CFR 10
Protection of Historic and Cultural Properties, Executive Order (E.O.) 11593; 36 CFR 60, 61, 63, 800; 44 Federal Register (FR) 6068
Public Buildings Cooperative Use Act of 1976, P.L. 94-541, 90 Stat. 2505, 42 U.S.C. §4151-4156
NATURAL RESOURCES CITATIONS
Analysis of Impacts on Prime or Unique Agricultural Lands in Implementing the National Environmental Policy Act, Environmental Statement Memorandum (E.S.) 80-3, 08/11/80, 45 FR 59109
Clean Air Act as amended, P.L. Chapter 360, 69 Stat. 322, 42 U.S.C. §7401 et seq.
Coastal Zone Management Act of 1972 as amended, P.L. 92-583, 86 Stat. 1280, 16 U.S.C. §1451 et seq.
Endangered Species Act of 1973, as amended, P.L 93-205, 87 Stat. 884, 16 U.S.C. §1531 et seq.
Hopewell Furnace National Historic Site