49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–547 

CHERRY VALLEY NATIONAL WILDLIFE REFUGE STUDY 

ACT 

JULY 10, 2006.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 5232] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred 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, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 5232 is 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. 

BACKGROUND AND NEED FOR LEGISLATION

The National Wildlife Refuge System is comprised of federal 

lands that have been acquired or reserved for the conservation of 

fish and wildlife. Totaling about 95 million acres, the System provides habitat for hundreds of fish and wildlife species. The System 

is also designed to offer priority public wildlife-dependent uses for 

compatible hunting, fishing, wildlife observation and photography, 

and environmental education and interpretation. 

Cherry Valley is located in northeastern Pennsylvania in Monroe 

County. It is a small limestone valley and watershed that drains 


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into the Delaware River. The Cherry Creek watershed covers 

13,314 acres or 20.8 square miles. The topography of this region is 

comprised of hillside seeps, limestone fen wetlands and a bat 

hibernaculum. Due to its location on the Kittatinny Ridge, it is considered a prime North American bird migration corridor for raptors 

such as bald eagles, golden eagles and broad-winged hawks. 

According to the Fish and Wildlife Service, there are six listed 

federal species that reside in Cherry Valley including the bog turtle, the bald eagle and the Indiana bat. The Valley provides habitat 

for nearly 80 species of national and regional concern including the 

Cerulean warbler, Wood Thrush, American Black Duck and spreading globeflower. The idea of creating the Cherry Valley National 

Wildlife Refuge has been endorsed by a number of locally elected 

organizations and the Nature Conservancy and the Pocono Heritage Land Trust have protected 628 acres of critical habitat and 

buffer lands in Cherry Valley. The total cost for this land was $2.3 

million. 

Under the terms of H.R. 5232, the Secretary of the Interior is authorized to evaluate the fish and wildlife habitat and aquatic and 

terrestrial communities as identified in a February 24, 2005, map 

for potential inclusion within a new national wildlife refuge. The 

Secretary of the Interior is also directed to consult with appropriate 

State and local officials, private conservation organizations and 

other interested parties. This study is to be initiated within 30 

days after enactment of the legislation. 

Within 12 months, the Secretary shall submit a report to the 

House Resources Committee and the Senate Environment and Public Works Committee. This report should include an identification 

of priority lands, waters and interests for possible acquisition, an 

assessment of the conservation benefits of creating a national wildlife refuge, a federal cost estimate for any land acquisition, an estimate of potentially available funds from non-federal sources and an 

acquisition boundary for a Cherry Valley National Wildlife Refuge 

that may not exceed 30,000 acres. The legislation authorizes an appropriation of $200,000 to complete this study. 

COMMITTEE ACTION

H.R. 5232 was introduced on April 27, 2006, by Congressman 

Paul E. Kanjorski (D–PA). The bill was referred to the Committee 

on Resources, and within the Committee to the Subcommittee on 

Fisheries and Oceans. On May 10, 2006, the Subcommittee held a 

hearing on the bill. On June 21, 2006, the Full Resources Committee met to consider the bill. No amendments were offered and 

the bill was ordered favorably reported to the House of Representatives by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 


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CONSTITUTIONAL AUTHORITY STATEMENT

Article IV, section 3, clause 2 of the Constitution of the United 

States grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is 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. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 5232—Cherry Valley National Wildlife Refuge Study Act 

H.R. 5232 would direct the Secretary of the Interior to conduct 

a study of the Cherry Valley area of Pennsylvania to determine 

whether the area is suitable for a national wildlife refuge. The 

study would include an assessment of fish and wildlife habitat over 

approximately 30,000 acres in the northeastern part of the state. 

Under the bill, the department would transmit to Congress a report of its findings, along with a map delineating a possible refuge 

boundary and an estimate of the costs of acquiring land within that 

boundary, within 12 months of the bill’s enactment. For these purposes, the bill would authorize the appropriation of $200,000. 

Assuming appropriation of the authorized amount, CBO estimates that the U.S. Fish and Wildlife Service would spend 

$200,000 during fiscal year 2007 to complete the study and report 

required by H.R. 5232. We estimate that enacting the bill would 

have no effect on revenues or direct spending. 

H.R. 5232 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Deborah Reis. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 


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COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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