[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5232 Referred in Senate (RFS)]


109th CONGRESS
  2d Session
                                H. R. 5232


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2006

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
  To direct the Secretary of the Interior to initiate and complete an 
evaluation of lands and waters located in Northeastern Pennsylvania for 
  their potential acquisition and inclusion in a future Cherry Valley 
           National Wildlife Refuge, 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 Study 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, as demonstrated by the following:
                    (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, and view a Cherry Valley National Wildlife 
                Refuge as a complement to existing private, county, 
                municipal, and State efforts.
                    (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 studied under this Act as for acquisition and 
        inclusion in a future 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. STUDY OF REFUGE POTENTIAL AND FUTURE REFUGE LAND ACQUISITION.

    (a) Study.--The Secretary shall initiate within 30 days after the 
date of the enactment of this Act a study to evaluate the fish and 
wildlife habitat and aquatic and terrestrial communities located in 
Northeastern Pennsylvania and identified on the map entitled, 
``Proposed Cherry Valley National Wildlife Refuge--Authorization 
Boundary'', dated February 24, 2005, for their potential acquisition by 
the United States Fish and Wildlife Service through donation, exchange, 
or willing seller purchase and subsequent inclusion in a future Cherry 
Valley National Wildlife Refuge.
    (b) Consultation.--The Secretary, while conducting the study 
required under this section, shall consult appropriate State and local 
officials, private conservation organizations, major landowners and 
other interested persons, regarding the identification of eligible 
lands, waters, and interests therein that are appropriate for 
acquisition for a national wildlife refuge and the determination of 
boundaries within which such acquisitions should be made.
    (c) Components of Study.--As part of the study under this section 
the Secretary shall do the following:
            (1) Determine if the fish and wildlife habitat and aquatic 
        and terrestrial communities to be evaluated are suitable for 
        inclusion in the National Wildlife Refuge System and management 
        under the policies of the National Wildlife Refuge System 
        Administration Act of 1966 (16 U.S.C. 668dd et seq.).
            (2) Assess the conservation benefits to be gained from the 
        establishment of a Cherry Valley National Wildlife Refuge 
        including--
                    (A) preservation and maintenance of diverse 
                populations of fish, wildlife, and plants, including 
                species listed as threatened species or endangered 
                species;
                    (B) protection and enhancement of aquatic and 
                wetland habitats;
                    (C) opportunities for compatible wildlife-dependent 
                recreation, scientific research, and environmental 
                education and interpretation; and
                    (D) fulfillment of international obligations of the 
                United States with respect to fish, wildlife, and their 
                habitats.
            (3) Provide an opportunity for public participation and 
        give special consideration to views expressed by local public 
        and private entities regarding lands, waters, and interests 
        therein for potential future acquisition for refuge purposes.
            (4) The total area of lands, water, and interests therein 
        that may be acquired shall not in the aggregate exceed 30,000 
        acres.
    (d) Report.--The Secretary shall, within 12 months after date of 
the enactment of this Act, complete the study required by this section 
and submit a report containing the results thereof to the Committee on 
Resources of the House of Representatives and the Committee on 
Environment and Public Works of the Senate. The report shall include--
            (1) a map that identifies and prioritizes specific lands, 
        waters, and interests therein for future acquisition, and that 
        delineates an acquisition boundary, for a potential Cherry 
        Valley National Wildlife Refuge;
            (2) a cost estimate for the acquisition of all lands, 
        waters, and interests therein that are appropriate for refuge 
        status; and
            (3) an estimate of potentially available acquisition and 
        management funds from non-Federal sources.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $200,000 to carry out the study.

SEC. 4. DEFINITIONS.

    In this Act the term ``Secretary'' means the Secretary of the 
Interior acting through the Director of the United States Fish and 
Wildlife Service.

            Passed the House of Representatives July 10, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.