[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3281 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3281

To direct the Secretary of the Interior to establish the Cherry Valley 
 National Wildlife Refuge in Northeastern Pennsylvania, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2005

   Mr. Kanjorski (for himself, Mr. Dent, Mr. Holden, Mr. Platts, Ms. 
   Schwartz of Pennsylvania, Mr. Gerlach, Mr. Sherwood, Mr. Brady of 
 Pennsylvania, Mr. Murtha, and Mr. English of Pennsylvania) introduced 
  the following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of the Interior to establish the Cherry Valley 
 National Wildlife Refuge in Northeastern Pennsylvania, 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 ``Cherry Valley National Wildlife 
Refuge Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The scenic Cherry Valley area of Northeastern 
        Pennsylvania is blessed with more than 80 special-concern 
        animal and plant species and natural habitats.
            (2) In a preliminary assessment of Cherry Valley, United 
        States Fish and Wildlife Service biologists ranked Cherry 
        Valley very high as a potential national wildlife refuge.
            (3) Six species that are listed as endangered species or 
        threatened species under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) have been documented within or near Cherry 
        Valley: The bog turtle (possibly the most significant 
        population of the listed subspecies), the dwarf wedge mussel, 
        the northeastern bulrush, the small whorled pogonia, the bald 
        eagle, and the Indiana bat (a historic resident, with efforts 
        under way to re-establish favorable conditions).
            (4) Cherry Valley provides habitat for at least 79 species 
        of national or regional concern, which either nest in Cherry 
        Valley or migrate through the area during critical times in 
        their life cycle, including--
                    (A) neo-tropical migratory birds such as the 
                Cerulean Warbler, the Worm-eating Warbler, and the Wood 
                Thrush, all of which nest in Cherry Valley;
                    (B) waterfowl such as the American Black Duck;
                    (C) several globally rare plants, such as the 
                spreading globeflower; and
                    (D) anadromous fish species.
            (5) The Cherry Valley watershed encompasses a large segment 
        of the Kittatinny Ridge, an important migration route for birds 
        of prey throughout the Northeastern United States. Every 
        migratory raptor species in the Northeast is regularly observed 
        along the Kittatinny Ridge during the autumnal migration, 
        including the bald eagle, the golden eagle, and the broad-
        winged hawk.
            (6) The Kittatinny Ridge also includes a long segment of 
        the Appalachian Trail, a nationally significant natural-
        cultural-recreational feature.
            (7) Many of the significant wildlife habitats found in the 
        Cherry Valley, especially the rare calcareous wetlands, have 
        disappeared from other localities in their range.
            (8) Ongoing studies have documented the high water quality 
        of Cherry Creek.
            (9) Public meetings over several years have demonstrated 
        strong, deep, and growing local support for a Cherry Valley 
        National Wildlife Refuge:
                    (A) Area landowners, business and community 
                leaders, media, and elected officials have consistently 
                voiced their enthusiasm for a Cherry Valley National 
                Wildlife Refuge.
                    (B) Numerous local communities and public and 
                private conservation entities share complementary goals 
                for protecting Cherry Valley and are energetically 
                conserving wildlife habitat and farmland. Along with 
                State land-management agencies and the National Park 
                Service, these local entities represent potential 
                strong partners for the United States Fish and Wildlife 
                Service.
                    (C) A number of local landowners have already put 
                their land into conservation easements or other 
                conservation arrangements.
                    (D) A voter-approved Monroe County Open Space Fund 
                and a voter-approved Stroud Township municipal land 
                conservation fund have contributed to many of these 
                projects.
            (10) Two federally owned parcels of land are contiguous to 
        the area to be established by this Act as the Cherry Valley 
        National Wildlife Refuge: The Delaware Water Gap National 
        Recreation Area and a 700-acre segment of the Appalachian Trail 
        owned by the National Park Service.

SEC. 3. ESTABLISHMENT AND PURPOSE OF REFUGE.

    (a) Establishment.--The Secretary shall establish as a national 
wildlife refuge the lands, waters, and interests therein acquired under 
section 5, at such time as the Secretary determines that sufficient 
property has been acquired by the United States to constitute an area 
that can be effectively managed as a national wildlife refuge for the 
purposes set forth in subsection (b) of this section. The national 
wildlife refuge so established shall be known as the ``Cherry Valley 
National Wildlife Refuge''.
    (b) Purposes.--The primary purposes of the Refuge are the 
following:
            (1) To preserve and enhance the Refuge's lands and waters 
        in a manner that will conserve the natural diversity of fish, 
        wildlife, plants, and their habitats for present and future 
        generations, through voluntary conservation agreements, 
        partnerships with local communities, and transactions with 
        willing landowners.
            (2) To conserve and enhance populations of fish, wildlife, 
        and plants within the Refuge, including populations of bog 
        turtle, waterfowl, raptors, passerines, and neo-tropical 
        migratory birds.
            (3) To protect and enhance the quality of aquatic and 
        wetland habitats within the Refuge.
            (4) To fulfill international obligations of the United 
        States with respect to fish, wildlife, and their habitats.
            (5) To provide opportunities for compatible scientific 
        research, environmental education, and fish and wildlife-
        oriented recreation in collaboration with private and public 
        entities.
    (c) Notice of Establishment.--The Secretary shall publish a notice 
of the establishment of the Refuge--
            (1) in the Federal Register; and
            (2) in publications of local circulation in the vicinity of 
        the Refuge.

SEC. 4. ADMINISTRATION OF REFUGE.

    (a) In General.--The Secretary shall administer all lands, waters, 
and interests therein acquired under section 5 in accordance with--
            (1) the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.) and the Act of September 28, 
        1962 (76 Stat. 653; 16 U.S.C. 460k et seq.; popularly known as 
        the Refuge Recreation Act);
            (2) the purposes of the Refuge set forth in section 3(b); 
        and
            (3) the management plan issued under subsection (c).
    (b) Study of Selection Area.--
            (1) Requirement.--The Secretary, acting through the 
        Director of the United States Fish and Wildlife Service, shall 
        conduct a study of fish and wildlife habitat and aquatic and 
        terrestrial communities of the selection area described in 
        section 5(c)(2).
            (2) Report.--Not later than 18 months after the date of the 
        enactment of the Act, the Secretary shall complete such study 
        and submit a report containing the results thereof to the 
        Congress.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary $200,000 to carry out the 
        study.
    (c) Management Plan.--
            (1) In general.--Not later than 30 months after the date of 
        the enactment of this Act, the Secretary shall issue a 
        management plan for the Refuge.
            (2) Contents.--The management plan shall include provisions 
        that provide for the following:
                    (A) Planning and design of trails and access 
                points.
                    (B) Planning of wildlife and habitat restoration, 
                including reforestation.
                    (C) Permanent exhibits and facilities and regular 
                educational programs throughout the Refuge.
            (3) Public participation.--
                    (A) In general.--The Secretary shall provide an 
                opportunity for public participation in developing the 
                management plan.
                    (B) Local views.--The Secretary shall give special 
                consideration to views by local public and private 
                entities and individuals in developing the management 
                plan.

SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS THEREIN.

    (a) In General.--The Secretary shall seek to acquire up to 30,000 
acres of land, water, or interests therein (including permanent 
conservation easements or servitudes) within the boundaries designated 
under subsection (c). All lands, waters, and interests acquired under 
this subsection shall be part of the Refuge.
    (b) Method of Acquisition.--The Secretary may acquire an interest 
in land or water for inclusion in the Refuge only by donation, 
exchange, or purchase from a willing seller.
    (c) Designation of Boundaries.--
            (1) In general.--Not later than 12 months after the date of 
        the enactment of this Act, the Secretary shall--
                    (A) consult with appropriate State and local 
                officials, private conservation organizations, and 
                other interested parties, regarding the designation of 
                appropriate boundaries for the Refuge within the 
                selection area;
                    (B) designate boundaries of the Refuge that are 
                within the selection area and adequate for fulfilling 
                the purposes of the Refuge set forth in section 3(b); 
                and
                    (C) prepare a detailed map, entitled ``Cherry 
                Valley National Wildlife Refuge'', depicting the 
                boundaries of the Refuge designated under subparagraph 
                (B).
            (2) Selection area.--For purposes of this subsection, the 
        selection area consists of approximately 30,000 acres located 
        in Monroe County, Pennsylvania, that--
                    (A) encompasses the watershed of Cherry Creek, 
                portions of the McMichaels and Aquashicola Creeks 
                watersheds, and an area that drains directly into the 
                Delaware River; and
                    (B) is contiguous to the Delaware Water Gap 
                National Recreation Area.
            (3) Availability of map; notice.--The Secretary shall--
                    (A) keep the map prepared under paragraph (1) on 
                file and available for public inspection at offices of 
                the United States Fish and Wildlife Service in the 
                District of Columbia and Pennsylvania; and
                    (B) publish in the Federal Register a notice of 
                that availability.
    (d) Boundary Revisions.--The Secretary may make such minor 
revisions in the boundaries designated under subsection (c) as may be 
appropriate to achieve the purposes of the Refuge under section 3(b) or 
to facilitate the acquisition of property for the Refuge.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Refuge.--The term ``Refuge'' means the Cherry Valley 
        National Wildlife Refuge established under section 3.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
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