[Congressional Record Volume 152, Number 88 (Monday, July 10, 2006)]
[House]
[Pages H4925-H4926]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            CHERRY VALLEY NATIONAL WILDLIFE REFUGE STUDY ACT

  Mr. RADANOVICH. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 5232) 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.
  The Clerk read as follows:

                               H.R. 5232

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentleman from New Jersey (Mr. 
Pallone) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. RADANOVICH. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. RADANOVICH. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I am pleased to support this legislation proposed by 
Congressmen Paul Kanjorski, Charles Dent, Jim Gerlach, and Tim Holden, 
that will direct the Fish and Wildlife Service to evaluate the 
potential for creating a new Cherry Valley National Wildlife Refuge in 
Northeast Pennsylvania.
  What this measure proposes is a unique approach. While the National 
Park Service has been following this ``study first'' model for many 
years, this may be the first time Congress has ever studied the 
possibility of creating a new national wildlife refuge. This is a sound 
conservation approach.

[[Page H4926]]

  Cherry Valley is a beautiful region, and it provides critical habitat 
for at least six federally listed species and 80 species of national 
and regional concern. In addition, it is a prime bird migration 
corridor for bald and golden eagles and broad-winged hawks. The idea of 
a Cherry Valley National Wildlife Refuge has been endorsed by a number 
of locally effective bodies, citizen groups, and conservation 
organizations.
  Under the terms of the bill, the Secretary of the Interior is 
authorized to conduct a 12-month study to evaluate the fish and 
wildlife habitat and aquatic and terrestrial communities to determine 
whether their value merits the establishment of a national wildlife 
refuge. This report will identify priority lands, assess their 
conservation value, determine the Federal acquisition costs and create 
a potential acquisition boundary.
  I urge an ``aye'' vote on H.R. 5232.
  Madam Speaker, I reserve the balance of my time.
  Mr. PALLONE. Madam Speaker, I yield myself such time as I may 
consume.
  (Mr. PALLONE asked and was given permission to revise and extend his 
remarks.)
  Mr. PALLONE. Madam Speaker, we support this legislation that would 
direct the Secretary of the Interior to evaluate lands and waters 
located in the Cherry Valley Region of Northeastern Pennsylvania for 
their potential designation as a future National Wildlife Refuge.
  Witness testimony received during the May 10, 2006, Fisheries 
Subcommittee hearing on the bill clearly documented that the Cherry 
Valley Region contains significant ecological habitat for several 
species of threatened and endangered wildlife, especially for migratory 
raptors like hawks and eagles.

                              {time}  1430

  Also, the hearing confirmed that the designation of a new Cherry 
Valley National Wildlife Refuge is a goal strongly supported by local 
governments and residents. I want to applaud the bill's Democratic 
sponsor, Congressman Paul Kanjorski, for introducing this legislation 
as a first step towards achieving the ultimate goal of establishing a 
new Cherry Valley National Wildlife Refuge.
  I urge Members to support this worthy bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. RADANOVICH. Madam Speaker, I reserve the balance of my time.
  Mr. PALLONE. Madam Speaker, I yield the balance of my time to the 
gentleman from Pennsylvania (Mr. Kanjorski), the sponsor of the bill.
  Mr. KANJORSKI. Madam Speaker, I rise in very strong support of the 
bill I introduced, H.R. 5232, the Cherry Valley National Wildlife 
Refuge Study Act.
  Located in the Pocono Mountains of northeastern Pennsylvania, Cherry 
Valley provides habitat to more than 75 species of national or regional 
concern, including several plants and animals listed as either 
endangered or threatened. These species include the bog turtle and the 
bald eagle. Monroe County, however, is also the fastest growing county 
in Pennsylvania, and this development now threatens and will soon 
encroach upon the habitat of these rare species.
  As a result, grass-roots efforts to protect these sensitive habitats 
have gained momentum and now have widespread support within the local 
community. Rarely in my career in Congress have I experienced such 
overwhelming local support for a legislative endeavor as I have 
encountered for the designation of a national wildlife refuge in Cherry 
Valley.
  Designation of a national wildlife refuge has bipartisan support from 
elected officials, including all three county commissioners, two State 
representatives, and a State senator. It also has the support of 
supervisors from all of the townships included and located in the 
Cherry Valley area. Moreover, my colleague from Pennsylvania (Mr. Dent) 
has joined me in sponsoring this legislation because he once 
represented parts of Cherry Valley when he served as a State senator.
  Area business owners have also voiced their support for this effort. 
For example, the Pocono Builders Association, a building industry trade 
association in Monroe County, passed a resolution in support of 
designating Cherry Valley a national wildlife refuge.
  Moreover, a number of local landowners have already put their land 
into easements and other conservation arrangements to facilitate the 
creation of a national wildlife refuge. Voters have also approved 
initiatives designed to provide the revenue needed for conservation 
purposes. Designation of a national wildlife refuge would, therefore, 
help to coordinate these efforts and provide Federal support for 
conservation of this important habitat.
  In order to determine the appropriate land for inclusion in a 
potential refuge, I introduced H.R. 5232, the Cherry Valley National 
Wildlife Refuge Study Act, after consulting with my colleagues and 
determining the best course of action. The bill authorizes a study to 
be completed by the Fish and Wildlife Service to determine what 
specific lands are suitable for inclusion in a potential refuge.
  The legislation does not authorize the creation of a national 
wildlife refuge at this time. The bill is intended merely to study 
areas for their potential for inclusion in a refuge, not to authorize 
the creation of another refuge. In addition, the study is designed to 
provide Congress with the information needed to determine if the 
designation of a wildlife refuge in Cherry Valley is appropriate.
  Before closing, I would like to thank my colleague from New Jersey 
(Mr. Pallone) and my colleague from Maryland (Mr. Gilchrest) for 
holding a hearing on this legislation. I also would like to thank my 
colleague from California (Mr. Pombo) and my colleague from West 
Virginia (Mr. Rahall) for moving this legislation through the House 
Resources Committee. Their work on this bill is much appreciated.
  In summation, I urge passage of this legislation.
  Mr. PALLONE. Madam Speaker, I yield back the balance of my time.
  Mr. RADANOVICH. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Radanovich) that the House suspend the 
rules and pass the bill, H.R. 5232.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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