PUBLIC LAW 107–91—DEC. 21, 2001

DETROIT RIVER INTERNATIONAL WILDLIFE

REFUGE ESTABLISHMENT ACT

115 STAT. 894 PUBLIC LAW 107–91—DEC. 21, 2001

Public Law 107–91

107th Congress

An Act

To provide for the establishment of the Detroit River International Wildlife Refuge

in the State of Michigan, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Detroit River International Wildlife Refuge Establishment Act’’.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) The Detroit River, one of North America’s greatest

rivers, was created some 14,000 years ago during the retreat

of the Wisconsin Glacier.

(2) The present river channel, established when falling

water levels permitted erosion of the Lake Plain and moraines,

is a connecting channel linking the Upper and Lower Great

Lakes, as well as linking the United States to Canada.

(3) The Lower Detroit River ecosystem is diverse with

a number of distinct channels, numerous shoals that support

dense stands of aquatic plants, and many islands. These nationally and internationally significant habitats and ecological features attract as many as 29 species of waterfowl and 65 kinds

of fish.

(4) The Detroit River is a major migration corridor for

fish, butterflies, raptors, and other birds, in addition to waterfowl. Over 300 species of birds have been documented in the

Detroit-Windsor area, of which about 150 species breed in the

immediate area.

(5) Because the Great Lakes are situated at the intersection

of the Atlantic and Mississippi Flyways, the Detroit River is

an important waterfowl migration corridor. 3,000,000 ducks,

geese, swans, and coots migrate annually through the Great

Lakes region.

(6) The importance of this corridor is recognized in the

Canada-United States North American Waterfowl Management

Plan that has identified the Detroit River as part of one of

34 Waterfowl Habitat Areas of Major Concern in the United

States and Canada.

(7) Some 300,000 diving ducks stop in the Lower Detroit

River on their fall migration from Canada to the east and

south each year to rest and feed in beds of water celery found

in the region.

Detroit River

International

Wildlife Refuge

Establishment

Act.

16 USC 668dd

note.

Dec. 21, 2001

[H.R. 1230]

PUBLIC LAW 107–91—DEC. 21, 2001 115 STAT. 895

(8) The international importance of the Lower Detroit River

area is manifested in the United States congressional designation of the 460-acre Wyandotte National Wildlife Refuge.

(9) Canada’s Canard River Marsh Complex is an internationally significant waterfowl staging area which is one of

the main resting and feeding areas for canvasbacks migrating

from their nesting grounds in the Canadian prairies to the

East Coast. Many over-winter in the area as well.

(10) The diversity of biota and habitats in the Lower Detroit

River ecosystem provides substantial benefits to the over

5,000,000 people who live in the vicinity. The Lower Detroit

River has an international reputation for duck hunting. On

an economic basis, retail sales related to waterfowl hunting

in Michigan were estimated in 1991 to be $20,100,000. During

the same year birding, photography, and other nonconsumptive

uses of waterfowl contributed an additional $192,800,000 in

Michigan.

(11) More than 1,000,000 pleasure boats are registered

in Michigan and about half of those are used on the Detroit

River and Lake St. Clair, in part to fish for the estimated

10,000,000 walleye that migrate to the Detroit River each

spring from Lake Erie to spawn. These walleye have helped

create an internationally renowned sport fishery estimated to

bring in $1,000,000 to the economy of communities along the

lower Detroit River each spring.

(12) All of these natural resource values and socioeconomic

benefits were acclaimed when the Detroit River was designated

an American Heritage River in 1998. The Detroit River is

also a Canadian Heritage River, making it the first international heritage river system in the world.

(13) The Detroit River has lost over 95 percent of its

coastal wetland habitats and despite increased awareness and

supporting science of their importance, habitats continue to

be destroyed and degraded.

(14) Protection of remaining wildlife habitats and enhancement of degraded wildlife habitats are essential to sustain

the quality of life enjoyed by so many living along the Detroit

River corridor.

SEC. 3. DEFINITIONS.

For purposes of this Act:

(1) The term ‘‘Refuge’’ means the Detroit River International Wildlife Refuge established by section 5.

(2) The term ‘‘Secretary’’ means the Secretary of the

Interior.

(3) The term ‘‘Detroit River’’ means those lands and waters

within the area described in section 5(a).

SEC. 4. PURPOSES.

The purposes for which the Refuge is established and shall

be managed are as follows:

(1) To protect the remaining high-quality fish and wildlife

habitats of the Detroit River before they are lost to further

development and to restore and enhance degraded wildlife habitats associated with the Detroit River.

(2) To assist in international efforts to conserve, enhance,

and restore the native aquatic and terrestrial community

characteristics of the Detroit River (including associated fish,

115 STAT. 896 PUBLIC LAW 107–91—DEC. 21, 2001

wildlife, and plant species) both in the United States and

Canada.

(3) To facilitate partnerships among the United States Fish

and Wildlife Service, Canadian national and provincial authorities, State and local governments, local communities in the

United States and in Canada, conservation organizations, and

other non-Federal entities to promote public awareness of the

resources of the Detroit River.

SEC. 5. ESTABLISHMENT OF REFUGE.

(a) BOUNDARIES.—There is hereby established the Detroit River

International Wildlife Refuge, consisting of the lands and waters

owned or managed by the Secretary pursuant to this Act in the

State of Michigan within the area extending from the point in

Michigan directly across the river from northernmost point of Ojibway Shores to the southern boundary of the Sterling State Park,

as depicted upon a map entitled ‘‘Detroit River International Wildlife Refuge Proposed’’, dated July 31, 2001, which shall be available

for inspection in appropriate offices of the United States Fish and

Wildlife Service.

(b) EXISTING REFUGE LANDS.—The Wyandotte National Wildlife

Refuge is hereby included within, and shall be a part of, the

Detroit River International Wildlife Refuge. All references to the

Wyandotte National Wildlife Refuge shall hereafter be treated as

references to the Detroit River International Wildlife Refuge.

(c) BOUNDARY REVISIONS.—The Secretary may make such revisions of the boundaries of the Refuge as may be appropriate to

carry out the purposes of the Refuge or to facilitate the acquisition

of property within the Refuge.

(d) ACQUISITION.—The Secretary is authorized to acquire by

donation, purchase with donated or appropriated funds, or exchange

the lands and waters, or interests therein (including conservation

easements), within the boundaries of the Refuge.

(e) TRANSFERS FROM OTHER AGENCIES.—Any Federal property

located within the boundaries of the Refuge which is under the

administrative jurisdiction of another department or agency of the

United States may, with the concurrence of the head of administering department or agency, be transferred without consideration

to the administrative jurisdiction of the Secretary for the purposes

of this Act.

(f) STUDY OF ASSOCIATED AREA.—The Secretary (acting through

the Director of the United States Fish and Wildlife Service) shall

conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the north reach of the Detroit River, from

the northernmost point of Ojibway Shores north to the mouth

of Lake St. Clair, for potential inclusion in the Refuge. Not later

than 18 months after the date of the enactment of the Act, the

Secretary shall complete such study and submit a report containing

the results thereof to the Congress.

SEC. 6. ADMINISTRATION.

(a) IN GENERAL.—The Secretary shall administer all federally

owned lands, waters, and interests therein that are within the

boundaries of the Refuge in accordance with the National Wildlife

Refuge System Administration Act (16 U.S.C. 668dd et seq.) and

this Act. The Secretary may use such additional statutory authority

as may be available for the conservation of fish and wildlife, and

Deadline.

Reports.

PUBLIC LAW 107–91—DEC. 21, 2001 115 STAT. 897

LEGISLATIVE HISTORY—H.R. 1230 (S. 835):

HOUSE REPORTS: No. 107–270 (Comm. on Resources).

SENATE REPORTS: No. 107–112 accompanying S. 835 (Comm. on Environment

and Public Works).

CONGRESSIONAL RECORD, Vol. 147 (2001):

Nov. 27, considered and passed House.

Dec. 7, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):

Dec. 21, Presidential statement.

Æ

the provision of fish and wildlife dependent recreational opportunities as the Secretary considers appropriate to carry out the purposes

of this Act.

(b) PRIORITY USES.—In providing opportunities for compatible

fish and wildlife dependent recreation, the Secretary, in accordance

with paragraphs (3) and (4) of section 4(a) of the National Wildlife

Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)),

shall ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the

priority public uses of the Refuge.

(c) COOPERATIVE AGREEMENTS REGARDING NONFEDERAL

LANDS.—The Secretary is authorized to enter into cooperative agreements with the State of Michigan, or any political subdivision

thereof, and with any other person or entity for the management

in a manner consistent with this Act of lands that are owned

by such State, subdivision, or other person or entity and located

within the boundaries of the Refuge and to promote public awareness of the resources of the Detroit River International Wildlife

Refuge and encourage public participation in the conservation of

those resources.

(d) USE OF EXISTING GREENWAY AUTHORITY.—The Secretary

shall encourage the State of Michigan to use existing authorities

under the Transportation Equity Act for the 21st Century (TEA–

21) to provide funding for acquisition and development of trails

within the boundaries of the Refuge.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Department

of the Interior—

(1) such sums as may be necessary for the acquisition

of lands and waters within the Refuge;

(2) such sums as may be necessary for the development,

operation, and maintenance of the Refuge; and

(3) such sums as may be necessary to carry out the study

under section 5(f).

Approved December 21, 2001.