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[107th Congress Public Law 91]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ091.107]

[[Page 893]]

      DETROIT RIVER INTERNATIONAL WILDLIFE REFUGE ESTABLISHMENT ACT

[[Page 115 STAT. 894]]

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. <<NOTE: Dec. 21, 2001 -  [H.R. 1230]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Detroit River International 
Wildlife Refuge Establishment Act. 16 USC 668dd note.>>  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.

[[Page 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,

[[Page 115 STAT. 896]]

        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. <<NOTE: Deadline. Reports.>> 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

[[Page 115 STAT. 897]]

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.

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

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