[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5232 Reported in House (RH)]
Union Calendar No. 307
109th CONGRESS
2d Session
H. R. 5232
[Report No. 109-547]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2006
Mr. Kanjorski introduced the following bill; which was referred to the
Committee on Resources
July 10, 2006
Additional sponsors: Mr. Dent, Mr. Gerlach, Mr. Holden, and Ms.
Schwartz of Pennsylvania
July 10, 2006
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
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.
Union Calendar No. 307
109th CONGRESS
2d Session
H. R. 5232
[Report No. 109-547]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
July 10, 2006
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed