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[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>
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