I 

109TH CONGRESS 

2D SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2006 

Mr. KANJORSKI introduced the following bill; which was referred to the 

Committee on Resources 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Wildlife Refuge Study 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 WarVerDate Aug 31 2005 22:00 Apr 30, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5232.IH H5232

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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 as demonstrated by the following: 

5 (A) Area landowners, business and commu6 nity leaders, media, and elected officials have 

7 consistently voiced their enthusiasm for a Cher8 ry Valley National Wildlife Refuge. 

9 (B) Numerous local communities and pub10 lic and private conservation entities share com11 plementary goals for protecting Cherry Valley 

12 and are energetically conserving wildlife habitat 

13 and farmland. Along with State land-manage14 ment agencies and the National Park Service, 

15 these local entities represent potential strong 

16 partners for the United States Fish and Wild17 life Service, and view a Cherry Valley National 

18 Wildlife Refuge as a complement to existing 

19 private, county, municipal, and State efforts. 

20 (C) A number of local landowners have al21 ready put their land into conservation ease22 ments or other conservation arrangements. 

23 (D) A voter-approved Monroe County Open 

24 Space Fund and a voter-approved Stroud 


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1 Township municipal land conservation fund 

2 have contributed to many of these projects. 

3 (10) Two federally owned parcels of land are 

4 contiguous to the area to be studied under this Act 

5 as for acquisition and inclusion in a future Cherry 

6 Valley National Wildlife Refuge: The Delaware 

7 Water Gap National Recreation Area and a 700-acre 

8 segment of the Appalachian Trail owned by the Na9 tional Park Service. 

10 SEC. 3. STUDY OF REFUGE POTENTIAL AND FUTURE REF11 UGE LAND ACQUISITION. 

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

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

14 to evaluate the fish and wildlife habitat and aquatic and 

15 terrestrial communities located in Northeastern Pennsyl16 vania and identified on the map entitled, ‘‘Proposed Cher17 ry Valley National Wildlife Refuge—Authorization Bound18 ary’’, dated February 24, 2005, for their potential acquisi19 tion by the United States Fish and Wildlife Service 

20 through donation, exchange, or willing seller purchase and 

21 subsequent inclusion in a future Cherry Valley National 

22 Wildlife Refuge. 

23 (b) CONSULTATION.—The Secretary, while con24 ducting the study required under this section, shall consult 

25 appropriate State and local officials, private conservation 


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1 organizations, major landowners and other interested per2 sons, regarding the identification of eligible lands, waters, 

3 and interests therein that are appropriate for acquisition 

4 for a national wildlife refuge and the determination of 

5 boundaries within which such acquisitions should be made. 

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

7 under this section the Secretary shall do the following: 

8 (1) Determine if the fish and wildlife habitat 

9 and aquatic and terrestrial communities to be evalu10 ated are suitable for inclusion in the National Wild11 life Refuge System and management under the poli12 cies of the National Wildlife Refuge System Admin13 istration Act of 1966 (16 U.S.C. 668dd et seq.). 

14 (2) Assess the conservation benefits to be 

15 gained from the establishment of a Cherry Valley 

16 National Wildlife Refuge including— 

17 (A) preservation and maintenance of di18 verse populations of fish, wildlife, and plants, 

19 including species listed as threatened species or 

20 endangered species; 

21 (B) protection and enhancement of aquatic 

22 and wetland habitats; 

23 (C) opportunities for compatible wildlife24 dependent recreation, scientific research, and 


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1 environmental education and interpretation; 

2 and 

3 (D) fulfillment of international obligations 

4 of the United States with respect to fish, wild5 life, and their habitats. 

6 (3) Provide an opportunity for public participa7 tion and give special consideration to views ex8 pressed by local public and private entities regarding 

9 lands, waters, and interests therein for potential fu10 ture acquisition for refuge purposes. 

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

12 therein that may be acquired shall not in the aggre13 gate exceed 30,000 acres. 

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

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

16 required by this section and submit a report containing 

17 the results thereof to the Committee on Resources of the 

18 House of Representatives and the Committee on Environ19 ment and Public Works of the Senate. The report shall 

20 include— 

21 (1) a map that identifies and prioritizes specific 

22 lands, waters, and interests therein for future acqui23 sition, and that delineates an acquisition boundary, 

24 for a potential Cherry Valley National Wildlife Ref25 uge; 


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

2 lands, waters, and interests therein that are appro3 priate for refuge status; and 

4 (3) an estimate of potentially available acquisi5 tion and management funds from non-Federal 

6 sources. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

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

9 to carry out the study. 

10 SEC. 4. DEFINITIONS. 

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

12 of the Interior acting through the Director of the United 

13 States Fish and Wildlife Service. 

Æ 


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