IB 

Union Calendar No. 307 

109TH CONGRESS 

2D SESSION H. R. 5232 

[Report No. 109–547] 

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 

JULY 10, 2006 

Additional sponsors: Mr. DENT, Mr. GERLACH, Mr. HOLDEN, and Ms. 

SCHWARTZ of Pennsylvania 

JULY 10, 2006 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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. 


bajohnson on PROD1PC69 with BILLS
2 

•HR 5232 RH

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: 

8 (1) The scenic Cherry Valley area of North9 eastern Pennsylvania is blessed with more than 80 

10 special-concern animal and plant species and natural 

11 habitats. 

12 (2) In a preliminary assessment of Cherry Val13 ley, United States Fish and Wildlife Service biolo14 gists ranked Cherry Valley very high as a potential 

15 national wildlife refuge. 

16 (3) Six species that are listed as endangered 

17 species or threatened species under the Endangered 

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

19 been documented within or near Cherry Valley: The 

20 bog turtle (possibly the most significant population 

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

22 the northeastern bulrush, the small whorled pogonia, 

23 the bald eagle, and the Indiana bat (a historic resi24 dent, with efforts under way to re-establish favorable 

25 conditions). 


bajohnson on PROD1PC69 with BILLS
3 

•HR 5232 RH

1 (4) Cherry Valley provides habitat for at least 

2 79 species of national or regional concern, which ei3 ther nest in Cherry Valley or migrate through the 

4 area during critical times in their life cycle, includ5 ing— 

6 (A) neo-tropical migratory birds such as 

7 the Cerulean Warbler, the Worm-eating War8 bler, and the Wood Thrush, all of which nest in 

9 Cherry Valley; 

10 (B) waterfowl such as the American Black 

11 Duck; 

12 (C) several globally rare plants, such as 

13 the spreading globeflower; and 

14 (D) anadromous fish species. 

15 (5) The Cherry Valley watershed encompasses a 

16 large segment of the Kittatinny Ridge, an important 

17 migration route for birds of prey throughout the 

18 Northeastern United States. Every migratory raptor 

19 species in the Northeast is regularly observed along 

20 the Kittatinny Ridge during the autumnal migra21 tion, including the bald eagle, the golden eagle, and 

22 the broad-winged hawk. 

23 (6) The Kittatinny Ridge also includes a long 

24 segment of the Appalachian Trail, a nationally sig25 nificant natural-cultural-recreational feature. 


bajohnson on PROD1PC69 with BILLS
4 

•HR 5232 RH

1 (7) Many of the significant wildlife habitats 

2 found in the Cherry Valley, especially the rare cal3 careous wetlands, have disappeared from other local4 ities in their range. 

5 (8) Ongoing studies have documented the high 

6 water quality of Cherry Creek. 

7 (9) Public meetings over several years have 

8 demonstrated strong, deep, and growing local sup9 port for a Cherry Valley National Wildlife Refuge, 

10 as demonstrated by the following: 

11 (A) Area landowners, business and commu12 nity leaders, media, and elected officials have 

13 consistently voiced their enthusiasm for a Cher14 ry Valley National Wildlife Refuge. 

15 (B) Numerous local communities and pub16 lic and private conservation entities share com17 plementary goals for protecting Cherry Valley 

18 and are energetically conserving wildlife habitat 

19 and farmland. Along with State land-manage20 ment agencies and the National Park Service, 

21 these local entities represent potential strong 

22 partners for the United States Fish and Wild23 life Service, and view a Cherry Valley National 

24 Wildlife Refuge as a complement to existing 

25 private, county, municipal, and State efforts. 


bajohnson on PROD1PC69 with BILLS
5 

•HR 5232 RH

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 


bajohnson on PROD1PC69 with BILLS
6 

•HR 5232 RH

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; 


bajohnson on PROD1PC69 with BILLS
7 

•HR 5232 RH

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— 


bajohnson on PROD1PC69 with BILLS
8 

•HR 5232 RH

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. 


bajohnson on PROD1PC69 with BILLS

bajohnson on PROD1PC69 with BILLS
Union Calendar No. 307 

109TH CONGRESS 

2D SESSION H. R. 5232 

[Report No. 109

–547] 

A BILL 

To direct the Secretary of the Interior to initiate 

other purposes. Cherry Valley National Wildlife Refuge, and for potential acquisition and inclusion in a future located in Northeastern Pennsylvania for their and complete an evaluation of lands and waters 

JULY 10, 2006 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


bajohnson on PROD1PC69 with BILLS