[House Report 109-547]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-547
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CHERRY VALLEY NATIONAL WILDLIFE REFUGE STUDY ACT
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July 10, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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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.