II 109th CONGRESS 2d Session S. 3490 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.

1.

Short title

This Act may be cited as the Cherry Valley National Wildlife Refuge Study Act.

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.

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.

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.