IIB 

109TH CONGRESS 

2D SESSION H. R. 5232 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2006 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Wildlife Refuge Study Act’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds the following: 

6 (1) The scenic Cherry Valley area of North7 eastern Pennsylvania is blessed with more than 80 

8 special-concern animal and plant species and natural 

9 habitats. 

10 (2) In a preliminary assessment of Cherry Val11 ley, United States Fish and Wildlife Service biolo12 gists ranked Cherry Valley very high as a potential 

13 national wildlife refuge. 

14 (3) Six species that are listed as endangered 

15 species or threatened species under the Endangered 

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

17 been documented within or near Cherry Valley: The 

18 bog turtle (possibly the most significant population 

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

20 the northeastern bulrush, the small whorled pogonia, 

21 the bald eagle, and the Indiana bat (a historic resi22 dent, with efforts under way to re-establish favorable 

23 conditions). 

24 (4) Cherry Valley provides habitat for at least 

25 79 species of national or regional concern, which ei26 ther nest in Cherry Valley or migrate through the 


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1 area during critical times in their life cycle, includ2 ing— 

3 (A) neo-tropical migratory birds such as 

4 the Cerulean Warbler, the Worm-eating War5 bler, and the Wood Thrush, all of which nest in 

6 Cherry Valley; 

7 (B) waterfowl such as the American Black 

8 Duck; 

9 (C) several globally rare plants, such as 

10 the spreading globeflower; and 

11 (D) anadromous fish species. 

12 (5) The Cherry Valley watershed encompasses a 

13 large segment of the Kittatinny Ridge, an important 

14 migration route for birds of prey throughout the 

15 Northeastern United States. Every migratory raptor 

16 species in the Northeast is regularly observed along 

17 the Kittatinny Ridge during the autumnal migra18 tion, including the bald eagle, the golden eagle, and 

19 the broad-winged hawk. 

20 (6) The Kittatinny Ridge also includes a long 

21 segment of the Appalachian Trail, a nationally sig22 nificant natural-cultural-recreational feature. 

23 (7) Many of the significant wildlife habitats 

24 found in the Cherry Valley, especially the rare calVerDate Aug 31 2005 02:12 Jul 12, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5232.RFS H5232

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1 careous wetlands, have disappeared from other local2 ities in their range. 

3 (8) Ongoing studies have documented the high 

4 water quality of Cherry Creek. 

5 (9) Public meetings over several years have 

6 demonstrated strong, deep, and growing local sup7 port for a Cherry Valley National Wildlife Refuge, 

8 as demonstrated by the following: 

9 (A) Area landowners, business and commu10 nity leaders, media, and elected officials have 

11 consistently voiced their enthusiasm for a Cher12 ry Valley National Wildlife Refuge. 

13 (B) Numerous local communities and pub14 lic and private conservation entities share com15 plementary goals for protecting Cherry Valley 

16 and are energetically conserving wildlife habitat 

17 and farmland. Along with State land-manage18 ment agencies and the National Park Service, 

19 these local entities represent potential strong 

20 partners for the United States Fish and Wild21 life Service, and view a Cherry Valley National 

22 Wildlife Refuge as a complement to existing 

23 private, county, municipal, and State efforts. 


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1 (C) A number of local landowners have al2 ready put their land into conservation ease3 ments or other conservation arrangements. 

4 (D) A voter-approved Monroe County Open 

5 Space Fund and a voter-approved Stroud 

6 Township municipal land conservation fund 

7 have contributed to many of these projects. 

8 (10) Two federally owned parcels of land are 

9 contiguous to the area to be studied under this Act 

10 as for acquisition and inclusion in a future Cherry 

11 Valley National Wildlife Refuge: The Delaware 

12 Water Gap National Recreation Area and a 700-acre 

13 segment of the Appalachian Trail owned by the Na14 tional Park Service. 

15 SEC. 3. STUDY OF REFUGE POTENTIAL AND FUTURE REF16 UGE LAND ACQUISITION. 

17 (a) STUDY.—The Secretary shall initiate within 30 

18 days after the date of the enactment of this Act a study 

19 to evaluate the fish and wildlife habitat and aquatic and 

20 terrestrial communities located in Northeastern Pennsyl21 vania and identified on the map entitled, ‘‘Proposed Cher22 ry Valley National Wildlife Refuge—Authorization Bound23 ary’’, dated February 24, 2005, for their potential acquisi24 tion by the United States Fish and Wildlife Service 

25 through donation, exchange, or willing seller purchase and 


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1 subsequent inclusion in a future Cherry Valley National 

2 Wildlife Refuge. 

3 (b) CONSULTATION.—The Secretary, while con4 ducting the study required under this section, shall consult 

5 appropriate State and local officials, private conservation 

6 organizations, major landowners and other interested per7 sons, regarding the identification of eligible lands, waters, 

8 and interests therein that are appropriate for acquisition 

9 for a national wildlife refuge and the determination of 

10 boundaries within which such acquisitions should be made. 

11 (c) COMPONENTS OF STUDY.—As part of the study 

12 under this section the Secretary shall do the following: 

13 (1) Determine if the fish and wildlife habitat 

14 and aquatic and terrestrial communities to be evalu15 ated are suitable for inclusion in the National Wild16 life Refuge System and management under the poli17 cies of the National Wildlife Refuge System Admin18 istration Act of 1966 (16 U.S.C. 668dd et seq.). 

19 (2) Assess the conservation benefits to be 

20 gained from the establishment of a Cherry Valley 

21 National Wildlife Refuge including— 

22 (A) preservation and maintenance of di23 verse populations of fish, wildlife, and plants, 

24 including species listed as threatened species or 

25 endangered species; 


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1 (B) protection and enhancement of aquatic 

2 and wetland habitats; 

3 (C) opportunities for compatible wildlife4 dependent recreation, scientific research, and 

5 environmental education and interpretation; 

6 and 

7 (D) fulfillment of international obligations 

8 of the United States with respect to fish, wild9 life, and their habitats. 

10 (3) Provide an opportunity for public participa11 tion and give special consideration to views ex12 pressed by local public and private entities regarding 

13 lands, waters, and interests therein for potential fu14 ture acquisition for refuge purposes. 

15 (4) The total area of lands, water, and interests 

16 therein that may be acquired shall not in the aggre17 gate exceed 30,000 acres. 

18 (d) REPORT.—The Secretary shall, within 12 months 

19 after date of the enactment of this Act, complete the study 

20 required by this section and submit a report containing 

21 the results thereof to the Committee on Resources of the 

22 House of Representatives and the Committee on Environ23 ment and Public Works of the Senate. The report shall 

24 include— 


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1 (1) a map that identifies and prioritizes specific 

2 lands, waters, and interests therein for future acqui3 sition, and that delineates an acquisition boundary, 

4 for a potential Cherry Valley National Wildlife Ref5 uge; 

6 (2) a cost estimate for the acquisition of all 

7 lands, waters, and interests therein that are appro8 priate for refuge status; and 

9 (3) an estimate of potentially available acquisi10 tion and management funds from non-Federal 

11 sources. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Secretary $200,000 

14 to carry out the study. 

15 SEC. 4. DEFINITIONS. 

16 In this Act the term ‘‘Secretary’’ means the Secretary 

17 of the Interior acting through the Director of the United 

18 States Fish and Wildlife Service. 

Passed the House of Representatives July 10, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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