H. R. 289

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

To expand the boundaries of the Ottawa National Wildlife Refuge Complex and

the Detroit River International Wildlife Refuge.

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 ‘‘Ottawa National Wildlife Refuge

Complex Expansion and Detroit River International Wildlife Refuge

Expansion Act’’.

SEC. 2. FINDINGS.

Congress finds that—

(1) the western basin of Lake Erie, as part of the Great

Lakes ecosystem—

(A) is the largest freshwater ecosystem in the world;

and

(B) is vitally important to the economic and environmental future of the United States;

(2) over the 30-year period preceding the date of enactment

of this Act, the citizens and governmental institutions of the

United States and Canada have devoted increasing attention

and resources to the restoration of the water quality and fisheries of the Great Lakes, including the western basin;

(3) that increased awareness has been accompanied by

a gradual shift toward a holistic ecosystem approach that highlights a growing recognition that shoreline areas, commonly

referred to as nearshore terrestrial ecosystems, are an integral

part of the western basin and the Great Lakes ecosystem;

(4) the Great Lakes account for more than 90 percent

of the surface freshwater in the United States;

(5) the western basin receives approximately 90 percent

of its flow from the Detroit River and only approximately 10

percent from tributaries;

(6) the western basin is an important ecosystem that

includes a number of distinct islands, channels, rivers, and

shoals that support dense populations of fish, wildlife, and

aquatic plants;

(7) coastal wetland of Lake Erie supports the largest diversity of plant and wildlife species in the Great Lakes;

(8) because Lake Erie is located at a more southern latitude

than other Great Lakes, the moderate climate of Lake Erie

is appropriate for many species that are not found in or along

the northern Great Lakes;
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(9) more than 300 species of plants, including 37 significant

species, have been identified in the aquatic and wetland habitats of the western basin;

(10) the shallow western basin of Lake Erie, extending

from the Lower Detroit River to Sandusky Bay, is home to

the greatest concentration of marshes in Lake Erie, including—

(A) Mouille, Metzger, and Magee marshes;

(B) the Maumee Bay wetland complex;

(C) the wetland complexes flanking Locust Point; and

(D) the wetland in Sandusky Bay;

(11) the larger islands of the United States in western

Lake Erie have wetland in small embayments;

(12) the wetland in the western basin comprises some

of the most important waterfowl habitat in the Great Lakes;

(13) waterfowl, wading birds, shore birds, gulls and terns,

raptors, and perching birds use the wetland in the western

basin for migration, nesting, and feeding;

(14) hundreds of thousands of diving ducks stop to rest

in the Lake Erie area during autumn migration from Canada

to points east and south;

(15) the wetland of the western basin provides a major

stopover for ducks, such as migrating bufflehead, common

goldeneye, common mergansers, and ruddy duck;

(16) the international importance of Lake Erie is indicated

in the United States by congressional designation of the Ottawa

and Cedar Point National Wildlife Refuges;

(17)(A) Lake Erie has an international reputation for walleye, perch, and bass fishing, recreational boating, birding,

photography, and duck hunting; and

(B) on an economic basis, tourism in the Lake Erie area

accounts for an estimated $1,500,000,000 in retail sales and

more than 50,000 jobs;

(18)(A) many of the 417,000 boats that are registered in

the State of Ohio are used in the western basin, in part to

fish for the estimated 10,000,000 walleye that migrate from

the lake to spawn; and

(B) that internationally renowned walleye fishery drives

much of the $2,000,000,000 sport fishing industry in the State

of Ohio;

(19) coastal wetland in the western basin has been subjected to intense pressure for 150 years;

(20) prior to 1850, the western basin was part of an extensive coastal marsh and swamp system consisting of approximately 122,000 hectares that comprised a portion of the Great

Black Swamp;

(21) by 1951, only 12,407 wetland hectares remained in

the western basin;

(22) 50 percent of that acreage was destroyed between

1972 and 1987, leaving only approximately 5,000 hectares in

existence today;

(23) along the Michigan shoreline, coastal wetland was

reduced by 62 percent between 1916 and the early 1970s;

(24) the development of the city of Monroe, Michigan, has

had a particularly significant impact on the coastal wetland

at the mouth of the Raisin River;
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(25) only approximately 100 hectares remain physically

unaltered today in an area in which, 70 years ago, marshes

were 10 times more extensive;

(26) in addition to the actual loss of coastal wetland acreage

along the shores of Lake Erie, the quality of much remaining

dike wetland has been degraded by numerous stressors, especially excessive loadings of sediments and nutrients, contaminants, shoreline modification, exotic species, and the diking

of wetland; and

(27) protective peninsula beach systems, such as the former

Bay Point and Woodtick, at the border of Ohio and Michigan

near the mouth of the Ottawa River and Maumee Bay, have

been eroded over the years, exacerbating erosion along the

shorelines and negatively affecting breeding and spawning

grounds.

SEC. 3. DEFINITIONS.

In this Act:

(1) INTERNATIONAL REFUGE.—The term ‘‘International

Refuge’’ means the Detroit River International Wildlife Refuge

established by section 5(a) of the Detroit River International

Wildlife Refuge Establishment Act (16 U.S.C. 668dd note; 115

Stat. 894).

(2) REFUGE COMPLEX.—The term ‘‘Refuge Complex’’ means

the Ottawa National Wildlife Refuge Complex and the lands

and waters in the complex, as described in the document entitled ‘‘The Comprehensive Conservation Plan for the Ottawa

National Wildlife Refuge Complex’’ and dated September 22,

2000, including—

(A) the Ottawa National Wildlife Refuge, established

by the Secretary in accordance with the Migratory Bird

Conservation Act (16 U.S.C. 715 et seq.);

(B) the West Sister Island National Wildlife Refuge

established by Executive Order No. 7937, dated August

2, 1937; and

(C) the Cedar Point National Wildlife Refuge established by the Secretary in accordance with the Migratory

Bird Conservation Act (16 U.S.C. 715 et seq.).

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(4) WESTERN BASIN.—

(A) IN GENERAL.—The term ‘‘western basin’’ means

the western basin of Lake Erie, consisting of the land

and water in the watersheds of Lake Erie extending from

the watershed of the Lower Detroit River in the State

of Michigan to and including Sandusky Bay and the watershed of Sandusky Bay in the State of Ohio.

(B) INCLUSION.—The term ‘‘western basin’’ includes the

Bass Island archipelago in the State of Ohio.

SEC. 4. EXPANSION OF BOUNDARIES.

(a) REFUGE COMPLEX BOUNDARIES.— (1) EXPANSION.—The boundaries of the Refuge Complex

are expanded to include land and water in the State of Ohio

from the eastern boundary of Maumee Bay State Park to the

eastern boundary of the Darby Unit (including the Bass Island

archipelago), as depicted on the map entitled ‘‘Ottawa National
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Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act’’ and dated September

6, 2002.

(2) AVAILABILITY OF MAP.—The map referred to in paragraph (1) shall be available for inspection in appropriate offices

of the United States Fish and Wildlife Service.

(b) BOUNDARY REVISIONS.—The Secretary may make such revisions of the boundaries of the Refuge Complex as the Secretary

determines to be appropriate to facilitate the acquisition of property

within the Refuge Complex.

(c) ACQUISITION.—

(1) IN GENERAL.—Subject to paragraph (2), the Secretary

may acquire by donation, purchase with donated or appropriated funds, or exchange the land and water, and interests

in land and water (including conservation easements), within

the boundaries of the Refuge Complex.

(2) MANNER OF ACQUISITION.—Any and all acquisitions of

land or waters under the provisions of this Act shall be made

in a voluntary manner and shall not be the result of forced

takings.

(d) TRANSFERS FROM OTHER AGENCIES.—Administrative jurisdiction over any Federal property that is located within the boundaries of the Refuge Complex and under the administrative jurisdiction of an agency of the United States other than the Department

of the Interior may, with the concurrence of the head of the administering agency, be transferred without consideration to the Secretary for the purpose of this Act.

(e) STUDY OF ASSOCIATED AREA.—

(1) IN GENERAL.—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 in and around the 2 dredge spoil disposal sites that are—

(A) referred to by the Toledo-Lucas County Port

Authority as ‘‘Port Authority Facility Number Three’’ and

‘‘Grassy Island’’, respectively; and

(B) located within Toledo Harbor near the mouth of

the Maumee River.

(2) REPORT.—Not later than 18 months after the date of

enactment of the Act, the Secretary shall—

(A) complete the study under paragraph (1); and

(B) submit to Congress a report on the results of the

study.

SEC. 5. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES.

The southern boundary of the International Refuge is extended

south to include additional land and water in the State of Michigan

located east of Interstate Route 75, extending from the southern

boundary of Sterling State Park to the Ohio State boundary, as

depicted on the map referred to in section 4(a)(1).

SEC. 6. ADMINISTRATION.

(a) REFUGE COMPLEX.— (1) IN GENERAL.—The Secretary shall administer all federally owned land, water, and interests in land and water that

are located within the boundaries of the Refuge Complex in

accordance with—
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(A) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); and

(B) this Act.

(2) ADDITIONAL AUTHORITY.—The Secretary may use such

additional statutory authority available to the Secretary for

the conservation of fish and wildlife, and the provision of

opportunities for fish- and wildlife-dependent recreation, as

the Secretary determines to be appropriate to carry out this

Act.

(b) ADDITIONAL PURPOSES.—In addition to the purposes of the

Refuge Complex under other laws, regulations, Executive orders,

and comprehensive conservation plans, the Refuge Complex shall

be managed—

(1) to strengthen and complement existing resource

management, conservation, and education programs and activities at the Refuge Complex in a manner consistent with the

primary purposes of the Refuge Complex—

(A) to provide major resting, feeding, and wintering

habitats for migratory birds and other wildlife; and

(B) to enhance national resource conservation and

management in the western basin;

(2) in partnership with nongovernmental and private

organizations and private individuals dedicated to habitat

enhancement, to conserve, enhance, and restore the native

aquatic and terrestrial community characteristics of the

western basin (including associated fish, wildlife, and plant

species);

(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 Canada, conservation organizations, and

other non-Federal entities to promote public awareness of the

resources of the western basin; and

(4) to advance the collective goals and priorities that—

(A) were established in the report entitled ‘‘Great Lakes

Strategy 2002—A Plan for the New Millennium’’, developed

by the United States Policy Committee, comprised of Federal agencies (including the United States Fish and Wildlife

Service, the National Oceanic and Atmospheric Administration, the United States Geological Survey, the Forest

Service, and the Great Lakes Fishery Commission) and

State governments and tribal governments in the Great

Lakes basin; and

(B) include the goals of cooperating to protect and

restore the chemical, physical, and biological integrity of

the Great Lakes basin ecosystem.

(c) 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 Complex.

(d) COOPERATIVE AGREEMENTS REGARDING NON-FEDERAL

LAND.—To promote public awareness of the resources of the western

basin and encourage public participation in the conservation of
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those resources, the Secretary may enter into cooperative agreements with the State of Ohio or Michigan, any political subdivision

of the State, or any person for the management, in a manner

consistent with this Act, of land that—

(1) is owned by the State, political subdivision, or person;

and

(2) is located within the boundaries of the Refuge Complex.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary—

(1) to acquire land and water within the Refuge Complex

under section 4(c);

(2) to carry out the study under section 4(e); and

(3) to develop, operate, and maintain the Refuge Complex.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.