[House Report 114-515]
[From the U.S. Government Publishing Office]
114th Congress } { Report 114-515
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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TO EXTEND THE AUTHORIZATION OF THE HIGHLANDS CONSERVATION ACT
_______
April 21, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 894]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 894) to extend the authorization of the
Highlands Conservation Act, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
Purpose of the Bill
The purpose of H.R. 894 is to extend the authorization of
the Highlands Conservation Act.
Background and Need for Legislation
The Northeastern Highlands is a geographic region that
encompasses over two million acres stretching from western
Connecticut across the Lower Hudson River Valley and northern
New Jersey into east central Pennsylvania. About 1.4 million
people live in the Highlands Region, which is adjacent to one
of the most populous metropolitan regions of the nation, and is
the source of the region's drinking water.
The purpose of the Highlands Conservation Act (Public Law
108-421) is to promote conservation of natural resources and
conservation lands as identified in the U.S. Forest Service's
update of the NY-NJ Highlands Regional Study and state open
space plans. The bill reauthorizes $11 million annually for
land conservation partnership projects and for technical
assistance to private landowners and local communities under
this law. The program funds land acquisition by the affected
states--not the federal government.
Committee Action
H.R. 894 was introduced on February 11, 2015, by
Congressman Rodney P. Frelinghuysen (R-NJ). The bill was
referred to the Committee on Natural Resources, and within the
Committee to the Subcommittee on Federal Lands. The bill was
additionally referred to the Committee on Agriculture. On
February 2, 2016, the Natural Resources Committee met to
consider the bill. The Subcommittee was discharged by unanimous
consent. No amendments were offered, and the bill was ordered
favorably reported to the House of Representatives by unanimous
consent on February 3, 2016.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of Rule
XIII of the rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 18, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 894, a bill to
extend the authorization of the Highlands Conservation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
H.R. 894--A bill to extend the authorization of the Highlands
Conservation Act
Summary: H.R. 894 would authorize the appropriation of $11
million a year through 2021 to conserve land and natural
resources in four northeastern states. CBO estimates that
implementing the legislation would cost $62 million over the
2016-2021 period and $4 million after 2021, assuming
appropriation of the authorized amounts.
Because enacting the bill would not affect direct spending
or revenues, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 894 would not increase net direct
spending or budget deficits in any of the four consecutive 10-
year periods beginning in 2027.
H.R. 894 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Any costs incurred by state, local, or tribal governments,
including matching contributions, would result from
participation in a voluntary federal program.
Estimated cost to the Federal Government: The estimated
budgetary effects of H.R. 894 are shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------
2016 2017 2018 2019 2020 2021 2016-2021
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level........................................ 11 11 11 11 11 11 66
Estimated Outlays.......................................... 8 10 11 11 11 11 62
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Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in 2016 and the authorized amounts
will be appropriated for each fiscal year. Estimated outlays
are based on historical spending patterns for similar
activities.
H.R. 894 would reauthorize the Highlands Conservation Act,
which allows the federal government to fund activities to
conserve land and natural resources in certain parts of
Connecticut, New Jersey, New York, and Pennsylvania. The bill
would authorize the appropriation of $10 million a year through
2021 to assist those states in acquiring private lands for
conservation purposes and $1 million a year over that period
for the Forest Service to provide technical assistance to the
affected states. In 2016, the Congress did not appropriate
funds to carry out activities under the Highlands Conservation
Act. CBO estimates that implementing H.R. 894 would cost $62
million over the 2016-2021 period and $4 million after 2021.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 894
contains no intergovernmental or private-sector mandates as
defined in UMRA. Any costs incurred by state, local, or tribal
governments, including matching contributions, would result
from participation in a voluntary federal program.
Estimate prepared by: Federal Costs: Jeff LaFaye; Impact on
State, Local, and Tribal Governments: Jon Sperl; Impact on the
Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. The Congressional
Budget Office estimates that implementation of the bill would
cost $62 million over 2016-2021 and $4 million after 2021, if
funds were appropriated for this purpose.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to extend the authorization of the
Highlands Conservation Act.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
HIGHLANDS CONSERVATION ACT
* * * * * * *
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] 2021, 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] 2021.
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