I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cherry Valley National 

5 Wildlife Refuge Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 
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1 (1) The scenic Cherry Valley area of North2 eastern Pennsylvania is blessed with more than 80 

3 special-concern animal and plant species and natural 

4 habitats. 

5 (2) In a preliminary assessment of Cherry Val6 ley, United States Fish and Wildlife Service biolo7 gists ranked Cherry Valley very high as a potential 

8 national wildlife refuge. 

9 (3) Six species that are listed as endangered 

10 species or threatened species under the Endangered 

11 Species Act of 1973 (16 U.S.C. 1531 et seq.) have 

12 been documented within or near Cherry Valley: The 

13 bog turtle (possibly the most significant population 

14 of the listed subspecies), the dwarf wedge mussel, 

15 the northeastern bulrush, the small whorled pogonia, 

16 the bald eagle, and the Indiana bat (a historic resi17 dent, with efforts under way to re-establish favorable 

18 conditions). 

19 (4) Cherry Valley provides habitat for at least 

20 79 species of national or regional concern, which ei21 ther nest in Cherry Valley or migrate through the 

22 area during critical times in their life cycle, includ23 ing— 

24 (A) neo-tropical migratory birds such as 

25 the Cerulean Warbler, the Worm-eating War-
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1 bler, and the Wood Thrush, all of which nest in 

2 Cherry Valley; 

3 (B) waterfowl such as the American Black 

4 Duck; 

5 (C) several globally rare plants, such as 

6 the spreading globeflower; and 

7 (D) anadromous fish species. 

8 (5) The Cherry Valley watershed encompasses a 

9 large segment of the Kittatinny Ridge, an important 

10 migration route for birds of prey throughout the 

11 Northeastern United States. Every migratory raptor 

12 species in the Northeast is regularly observed along 

13 the Kittatinny Ridge during the autumnal migra14 tion, including the bald eagle, the golden eagle, and 

15 the broad-winged hawk. 

16 (6) The Kittatinny Ridge also includes a long 

17 segment of the Appalachian Trail, a nationally sig18 nificant natural-cultural-recreational feature. 

19 (7) Many of the significant wildlife habitats 

20 found in the Cherry Valley, especially the rare cal21 careous wetlands, have disappeared from other local22 ities in their range. 

23 (8) Ongoing studies have documented the high 

24 water quality of Cherry Creek. 
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1 (9) Public meetings over several years have 

2 demonstrated strong, deep, and growing local sup3 port for a Cherry Valley National Wildlife Refuge: 

4 (A) Area landowners, business and commu5 nity leaders, media, and elected officials have 

6 consistently voiced their enthusiasm for a Cher7 ry Valley National Wildlife Refuge. 

8 (B) Numerous local communities and pub9 lic and private conservation entities share com10 plementary goals for protecting Cherry Valley 

11 and are energetically conserving wildlife habitat 

12 and farmland. Along with State land-manage13 ment agencies and the National Park Service, 

14 these local entities represent potential strong 

15 partners for the United States Fish and Wild16 life Service. 

17 (C) A number of local landowners have al18 ready put their land into conservation ease19 ments or other conservation arrangements. 

20 (D) A voter-approved Monroe County Open 

21 Space Fund and a voter-approved Stroud 

22 Township municipal land conservation fund 

23 have contributed to many of these projects. 

24 (10) Two federally owned parcels of land are 

25 contiguous to the area to be established by this Act 
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1 as the Cherry Valley National Wildlife Refuge: The 

2 Delaware Water Gap National Recreation Area and 

3 a 700-acre segment of the Appalachian Trail owned 

4 by the National Park Service. 

5 SEC. 3. ESTABLISHMENT AND PURPOSE OF REFUGE. 

6 (a) ESTABLISHMENT.—The Secretary shall establish 

7 as a national wildlife refuge the lands, waters, and inter8 ests therein acquired under section 5, at such time as the 

9 Secretary determines that sufficient property has been ac10 quired by the United States to constitute an area that can 

11 be effectively managed as a national wildlife refuge for the 

12 purposes set forth in subsection (b) of this section. The 

13 national wildlife refuge so established shall be known as 

14 the ‘‘Cherry Valley National Wildlife Refuge’’. 

15 (b) PURPOSES.—The primary purposes of the Refuge 

16 are the following: 

17 (1) To preserve and enhance the Refuge’s lands 

18 and waters in a manner that will conserve the nat19 ural diversity of fish, wildlife, plants, and their habi20 tats for present and future generations, through vol21 untary conservation agreements, partnerships with 

22 local communities, and transactions with willing 

23 landowners. 

24 (2) To conserve and enhance populations of 

25 fish, wildlife, and plants within the Refuge, including 
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1 populations of bog turtle, waterfowl, raptors, pas2 serines, and neo-tropical migratory birds. 

3 (3) To protect and enhance the quality of 

4 aquatic and wetland habitats within the Refuge. 

5 (4) To fulfill international obligations of the 

6 United States with respect to fish, wildlife, and their 

7 habitats. 

8 (5) To provide opportunities for compatible sci9 entific research, environmental education, and fish 

10 and wildlife-oriented recreation in collaboration with 

11 private and public entities. 

12 (c) NOTICE OF ESTABLISHMENT.—The Secretary 

13 shall publish a notice of the establishment of the Refuge— 

14 (1) in the Federal Register; and 

15 (2) in publications of local circulation in the vi16 cinity of the Refuge. 

17 SEC. 4. ADMINISTRATION OF REFUGE. 

18 (a) IN GENERAL.—The Secretary shall administer all 

19 lands, waters, and interests therein acquired under section 

20 5 in accordance with— 

21 (1) the National Wildlife Refuge System Ad22 ministration Act of 1966 (16 U.S.C. 668dd et seq.) 

23 and the Act of September 28, 1962 (76 Stat. 653; 

24 16 U.S.C. 460k et seq.; popularly known as the Ref25 uge Recreation Act); 
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1 (2) the purposes of the Refuge set forth in sec2 tion 3(b); and 

3 (3) the management plan issued under sub4 section (c). 

5 (b) STUDY OF SELECTION AREA.— 

6 (1) REQUIREMENT.—The Secretary, acting 

7 through the Director of the United States Fish and 

8 Wildlife Service, shall conduct a study of fish and 

9 wildlife habitat and aquatic and terrestrial commu10 nities of the selection area described in section 

11 5(c)(2). 

12 (2) REPORT.—Not later than 18 months after 

13 the date of the enactment of the Act, the Secretary 

14 shall complete such study and submit a report con15 taining the results thereof to the Congress. 

16 (3) AUTHORIZATION OF APPROPRIATIONS.— 

17 There is authorized to be appropriated to the Sec18 retary $200,000 to carry out the study. 

19 (c) MANAGEMENT PLAN.— 

20 (1) IN GENERAL.—Not later than 30 months 

21 after the date of the enactment of this Act, the Sec22 retary shall issue a management plan for the Ref23 uge. 

24 (2) CONTENTS.—The management plan shall 

25 include provisions that provide for the following: 
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1 (A) Planning and design of trails and ac2 cess points. 

3 (B) Planning of wildlife and habitat res4 toration, including reforestation. 

5 (C) Permanent exhibits and facilities and 

6 regular educational programs throughout the 

7 Refuge. 

8 (3) PUBLIC PARTICIPATION.— 

9 (A) IN GENERAL.—The Secretary shall 

10 provide an opportunity for public participation 

11 in developing the management plan. 

12 (B) LOCAL VIEWS.—The Secretary shall 

13 give special consideration to views by local pub14 lic and private entities and individuals in devel15 oping the management plan. 

16 SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS 

17 THEREIN. 

18 (a) IN GENERAL.—The Secretary shall seek to ac19 quire up to 30,000 acres of land, water, or interests there20 in (including permanent conservation easements or ser21 vitudes) within the boundaries designated under sub22 section (c). All lands, waters, and interests acquired under 

23 this subsection shall be part of the Refuge. 

24 (b) METHOD OF ACQUISITION.—The Secretary may 

25 acquire an interest in land or water for inclusion in the 
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1 Refuge only by donation, exchange, or purchase from a 

2 willing seller. 

3 (c) DESIGNATION OF BOUNDARIES.— 

4 (1) IN GENERAL.—Not later than 12 months 

5 after the date of the enactment of this Act, the Sec6 retary shall— 

7 (A) consult with appropriate State and 

8 local officials, private conservation organiza9 tions, and other interested parties, regarding 

10 the designation of appropriate boundaries for 

11 the Refuge within the selection area; 

12 (B) designate boundaries of the Refuge 

13 that are within the selection area and adequate 

14 for fulfilling the purposes of the Refuge set 

15 forth in section 3(b); and 

16 (C) prepare a detailed map, entitled 

17 ‘‘Cherry Valley National Wildlife Refuge’’, de18 picting the boundaries of the Refuge designated 

19 under subparagraph (B). 

20 (2) SELECTION AREA.—For purposes of this 

21 subsection, the selection area consists of approxi22 mately 30,000 acres located in Monroe County, 

23 Pennsylvania, that— 

24 (A) encompasses the watershed of Cherry 

25 Creek, portions of the McMichaels and 
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1 Aquashicola Creeks watersheds, and an area 

2 that drains directly into the Delaware River; 

3 and 

4 (B) is contiguous to the Delaware Water 

5 Gap National Recreation Area. 

6 (3) AVAILABILITY OF MAP; NOTICE.—The Sec7 retary shall— 

8 (A) keep the map prepared under para9 graph (1) on file and available for public in10 spection at offices of the United States Fish 

11 and Wildlife Service in the District of Columbia 

12 and Pennsylvania; and 

13 (B) publish in the Federal Register a no14 tice of that availability. 

15 (d) BOUNDARY REVISIONS.—The Secretary may 

16 make such minor revisions in the boundaries designated 

17 under subsection (c) as may be appropriate to achieve the 

18 purposes of the Refuge under section 3(b) or to facilitate 

19 the acquisition of property for the Refuge. 

20 SEC. 6. DEFINITIONS. 

21 For purposes of this Act: 

22 (1) REFUGE.—The term ‘‘Refuge’’ means the 

23 Cherry Valley National Wildlife Refuge established 

24 under section 3. 
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

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