[House Report 109-547]
[From the U.S. Government Publishing Office]




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 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.

                   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.

                    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.

                                  
