[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3490 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3490
To direct the Secretary of the Interior to initiate and complete an
evaluation of land and water located in northeastern Pennsylvania for
future acquisition and inclusion in a potential Cherry Valley National
Wildlife Refuge, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 12, 2006
Mr. Santorum introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to initiate and complete an
evaluation of land and water located in northeastern Pennsylvania for
future acquisition and inclusion in a potential 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.
Congress finds that--
(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) 6 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, including--
(A) the bog turtle (possibly the most significant
population of the listed subspecies);
(B) the dwarf wedge mussel;
(C) the northeastern bulrush;
(D) the small whorled pogonia;
(E) the bald eagle; and
(F) the Indiana bat (a historic resident, for which
efforts to reestablish favorable conditions are being
carried out);
(3) 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) neotropical 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;
(4)(A) 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;
and
(B) every migratory raptor species in the northeast United
States is regularly observed along the Kittatinny Ridge during
the autumnal migration, including the bald eagle, the golden
eagle, and the broad-winged hawk;
(5) the Kittatinny Ridge also includes a long segment of
the Appalachian Trail, a nationally significant natural,
cultural, and recreational feature;
(6) many of the significant wildlife habitats found in
Cherry Valley, especially the rare calcareous wetlands, have
disappeared from other localities in that range;
(7) ongoing studies have documented the high water quality
of Cherry Creek;
(8) 2 federally-owned parcels of land are contiguous to the
area to be studied under this Act for acquisition and inclusion
in a potential Cherry Valley National Wildlife Refuge,
including--
(A) the Delaware Water Gap National Recreation
Area; and
(B) a 700-acre segment of the Appalachian Trail
owned by the National Park Service; and
(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)(i) Numerous local communities and public and
private conservation entities share complementary goals
for protecting Cherry Valley and are energetically
conserving wildlife habitat and farmland.
(ii) Along with State land management agencies and
the National Park Service, those local entities--
(I) represent potential strong partners for
the United States Fish and Wildlife Service;
and
(II) 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, Pennsylvania,
open space fund and a voter-approved Stroud Township,
Pennsylvania, municipal land conservation fund have
contributed to many of the projects described in this
paragraph.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled
``Proposed Cherry Valley National Wildlife Refuge-Authorization
Boundary'' and dated February 24, 2005.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Study area.--The term ``Study Area'' means the fish and
wildlife habitat and aquatic and terrestrial communities in
Cherry Valley that are--
(A) located in northeastern Pennsylvania; and
(B) identified on the map.
SEC. 4. STUDY OF REFUGE POTENTIAL AND FUTURE REFUGE LAND ACQUISITION.
(a) Study.--Not later than 30 days after the date of enactment of
this Act, the Secretary shall initiate a study to evaluate the Study
Area for--
(1) the potential acquisition of the Study Area by the
United States Fish and Wildlife Service through donation,
exchange, or voluntary sale; and
(2) the subsequent inclusion of the Study Area in a
potential Cherry Valley National Wildlife Refuge.
(b) Consultation.--In conducting the study under subsection (a),
the Secretary shall consult with appropriate State and local officials,
private conservation organizations, affected major landowners, and
other interested persons regarding, with respect to the Study Area--
(1) the identification of eligible land, water, and
interests that are appropriate for acquisition for a national
wildlife refuge; and
(2) the determination of the boundaries within which such
an acquisition should be made.
(c) Inclusions.--In conducting the study under subsection (a), the
Secretary shall--
(1) determine whether the Study Area is suitable for--
(A) inclusion in the National Wildlife Refuge
System; and
(B) management in accordance with 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 under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(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 and wildlife and
their habitats; and
(3)(A) provide an opportunity for public participation; and
(B) give special consideration to views expressed by local
public and private entities regarding land, water, and
interests in the Study Area for future acquisition for refuge
purposes.
(d) Limitation.--The Secretary shall acquire not more than 30,000
total acres of land, water, and interests in the Study Area.
(e) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) complete the study under subsection (a); and
(B) submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Resources of the House of Representatives a report
describing the results of the study.
(2) Inclusions.--The report under paragraph (1)(B) shall
include--
(A) a map that--
(i) identifies and prioritizes specific
land, water, and interests in the Study Area
for future acquisition by the Secretary; and
(ii) delineates an acquisition boundary for
a potential Cherry Valley National Wildlife
Refuge;
(B) a cost estimate for the acquisition of such
land, water, and interests in the Study Area as the
Secretary determines to be appropriate for refuge
status; and
(C) an estimate of funds that could be made
available from non-Federal sources for the acquisition
and management of land, water, and interests in the
Study Area.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $200,000.
<all>