Cherry Valley National Wildlife Refuge Act - Directs the Secretary of the Interior to to acquire necessary lands, waters, and other property interests to establish a national wildlife refuge in northeastern Pennsylvania to be known as the Cherry Valley National Wildlife Refuge.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3281 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3281
To direct the Secretary of the Interior to establish the Cherry Valley
National Wildlife Refuge in Northeastern Pennsylvania, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2005
Mr. Kanjorski (for himself, Mr. Dent, Mr. Holden, Mr. Platts, Ms.
Schwartz of Pennsylvania, Mr. Gerlach, Mr. Sherwood, Mr. Brady of
Pennsylvania, Mr. Murtha, and Mr. English of Pennsylvania) introduced
the following bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to establish the Cherry Valley
National Wildlife Refuge in Northeastern Pennsylvania, 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 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:
(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.
(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 established by this Act as the 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. ESTABLISHMENT AND PURPOSE OF REFUGE.
(a) Establishment.--The Secretary shall establish as a national
wildlife refuge the lands, waters, and interests therein acquired under
section 5, at such time as the Secretary determines that sufficient
property has been acquired by the United States to constitute an area
that can be effectively managed as a national wildlife refuge for the
purposes set forth in subsection (b) of this section. The national
wildlife refuge so established shall be known as the ``Cherry Valley
National Wildlife Refuge''.
(b) Purposes.--The primary purposes of the Refuge are the
following:
(1) To preserve and enhance the Refuge's lands and waters
in a manner that will conserve the natural diversity of fish,
wildlife, plants, and their habitats for present and future
generations, through voluntary conservation agreements,
partnerships with local communities, and transactions with
willing landowners.
(2) To conserve and enhance populations of fish, wildlife,
and plants within the Refuge, including populations of bog
turtle, waterfowl, raptors, passerines, and neo-tropical
migratory birds.
(3) To protect and enhance the quality of aquatic and
wetland habitats within the Refuge.
(4) To fulfill international obligations of the United
States with respect to fish, wildlife, and their habitats.
(5) To provide opportunities for compatible scientific
research, environmental education, and fish and wildlife-
oriented recreation in collaboration with private and public
entities.
(c) Notice of Establishment.--The Secretary shall publish a notice
of the establishment of the Refuge--
(1) in the Federal Register; and
(2) in publications of local circulation in the vicinity of
the Refuge.
SEC. 4. ADMINISTRATION OF REFUGE.
(a) In General.--The Secretary shall administer all lands, waters,
and interests therein acquired under section 5 in accordance with--
(1) the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.) and the Act of September 28,
1962 (76 Stat. 653; 16 U.S.C. 460k et seq.; popularly known as
the Refuge Recreation Act);
(2) the purposes of the Refuge set forth in section 3(b);
and
(3) the management plan issued under subsection (c).
(b) Study of Selection Area.--
(1) Requirement.--The Secretary, acting through the
Director of the United States Fish and Wildlife Service, shall
conduct a study of fish and wildlife habitat and aquatic and
terrestrial communities of the selection area described in
section 5(c)(2).
(2) Report.--Not later than 18 months after the date of the
enactment of the Act, the Secretary shall complete such study
and submit a report containing the results thereof to the
Congress.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $200,000 to carry out the
study.
(c) Management Plan.--
(1) In general.--Not later than 30 months after the date of
the enactment of this Act, the Secretary shall issue a
management plan for the Refuge.
(2) Contents.--The management plan shall include provisions
that provide for the following:
(A) Planning and design of trails and access
points.
(B) Planning of wildlife and habitat restoration,
including reforestation.
(C) Permanent exhibits and facilities and regular
educational programs throughout the Refuge.
(3) Public participation.--
(A) In general.--The Secretary shall provide an
opportunity for public participation in developing the
management plan.
(B) Local views.--The Secretary shall give special
consideration to views by local public and private
entities and individuals in developing the management
plan.
SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS THEREIN.
(a) In General.--The Secretary shall seek to acquire up to 30,000
acres of land, water, or interests therein (including permanent
conservation easements or servitudes) within the boundaries designated
under subsection (c). All lands, waters, and interests acquired under
this subsection shall be part of the Refuge.
(b) Method of Acquisition.--The Secretary may acquire an interest
in land or water for inclusion in the Refuge only by donation,
exchange, or purchase from a willing seller.
(c) Designation of Boundaries.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary shall--
(A) consult with appropriate State and local
officials, private conservation organizations, and
other interested parties, regarding the designation of
appropriate boundaries for the Refuge within the
selection area;
(B) designate boundaries of the Refuge that are
within the selection area and adequate for fulfilling
the purposes of the Refuge set forth in section 3(b);
and
(C) prepare a detailed map, entitled ``Cherry
Valley National Wildlife Refuge'', depicting the
boundaries of the Refuge designated under subparagraph
(B).
(2) Selection area.--For purposes of this subsection, the
selection area consists of approximately 30,000 acres located
in Monroe County, Pennsylvania, that--
(A) encompasses the watershed of Cherry Creek,
portions of the McMichaels and Aquashicola Creeks
watersheds, and an area that drains directly into the
Delaware River; and
(B) is contiguous to the Delaware Water Gap
National Recreation Area.
(3) Availability of map; notice.--The Secretary shall--
(A) keep the map prepared under paragraph (1) on
file and available for public inspection at offices of
the United States Fish and Wildlife Service in the
District of Columbia and Pennsylvania; and
(B) publish in the Federal Register a notice of
that availability.
(d) Boundary Revisions.--The Secretary may make such minor
revisions in the boundaries designated under subsection (c) as may be
appropriate to achieve the purposes of the Refuge under section 3(b) or
to facilitate the acquisition of property for the Refuge.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Refuge.--The term ``Refuge'' means the Cherry Valley
National Wildlife Refuge established under section 3.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Fisheries and Oceans.
Executive Comment Requested from Interior.
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