I

107TH CONGRESS

1ST SESSION H. R. 1230

To provide for the establishment of the Detroit River International Wildlife

Refuge in the State of Michigan, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 27, 2001

Mr. DINGELL introduced the following bill; which was referred to the

Committee on Resources

A BILL

To provide for the establishment of the Detroit River International Wildlife Refuge in the State of Michigan, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Detroit River Inter5 national Wildlife Refuge Establishment Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

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

9 greatest rivers, was created some 14,000 years ago

10 during the retreat of the Wisconsin Glacier.
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1 (2) The present river channel, established when

2 falling water levels permitted erosion of the Lake

3 Plain and moraines, is a connecting channel linking

4 the Upper and Lower Great Lakes, as well as link5 ing the United States to Canada.

6 (3) The Lower Detroit River ecosystem is

7 unique with a number of distinct channels, numer8 ous shoals that support dense stands of aquatic

9 plants, and many islands. These unique habitats and

10 ecological features attract as many as 29 species of

11 waterfowl and 65 kinds of fish.

12 (4) The Detroit River is a major migration cor13 ridor for fish, butterflies, raptors, and other birds, in

14 addition to waterfowl. Over 300 species of birds have

15 been documented in the Detroit-Windsor area of

16 which about 150 species breed in the immediate

17 area.

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

19 intersection of the Atlantic and Mississippi Flyways,

20 the Detroit River is an important waterfowl migra21 tion corridor. 3,000,000 ducks, geese, swans, and

22 coots migrate annually through the Great Lakes re23 gion.

24 (6) The importance of this corridor is recog25 nized in the Canada-United States North American
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1 Waterfowl Management Plan that has identified the

2 Detroit River as part of one of 34 Waterfowl Habi3 tat Areas of Major Concern in the United States

4 and Canada.

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

6 Lower Detroit River on their fall migration from

7 Canada to the east and south each year to rest and

8 feed in beds of water celery found in the region.

9 (8) The international importance of the Lower

10 Detroit River area is manifested in the United

11 States congressional designation of the 460-acre Wy12 andotte National Wildlife Refuge.

13 (9) Canada’s Canard River Marsh Complex is

14 an internationally significant waterfowl staging area

15 which is one of the main resting and feeding areas

16 for canvasbacks migrating from their nesting

17 grounds in the Canadian prairies to the East Coast.

18 Many over-winter in the area as well.

19 (10) The diversity of biota and habitats in the

20 Lower Detroit River ecosystem provides substantial

21 benefits to the over 5,000,000 people who live in the

22 vicinity. The Lower Detroit River has an inter23 national reputation for duck hunting. On an eco24 nomic basis, retail sales related to waterfowl hunting

25 in Michigan were estimated in 1991 to be
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1 $20,100,000. During the same year birding, photog2 raphy, and other nonconsumptive uses of waterfowl

3 contributed an additional $192,800,000 in Michigan.

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

5 registered in Michigan and about half of those are

6 used on the Detroit River and Lake St. Clair, in

7 part to fish for the estimated 10,000,000 walleye

8 that migrate to the Detroit River each spring from

9 Lake Erie to spawn. These walleye have helped cre10 ate an internationally renowned sport fishery esti11 mated to bring in $1,000,000 to the economy of

12 communities along the lower Detroit River each

13 spring.

14 (12) All of these natural resource values and

15 socioeconomic benefits were acclaimed when the De16 troit River was designated an American Heritage

17 River in 1998. The Detroit River is also a Canadian

18 Heritage River, making it the first international her19 itage river system in the world.

20 (13) The Detroit River has lost over 95 percent

21 of its coastal wetland habitats and despite increased

22 awareness and supporting science of their impor23 tance, habitats continue to be destroyed and de24 graded.
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1 (14) Protection of remaining wildlife habitats

2 and enhancement of degraded wildlife habitats is es3 sential to sustain the quality of life enjoyed by so

4 many living along the Detroit River corridor.

5 SEC. 3. DEFINITIONS.

6 For purposes of this Act:

7 (1) The term ‘‘Refuge’’ means the Detroit

8 River International Wildlife Refuge established by

9 section 5.

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

11 of the Interior.

12 (3) The term ‘‘Detroit River’’ means those

13 lands and waters within the area described in section

14 3(a).

15 SEC. 4. PURPOSES.

16 The purposes for which the Refuge is established and

17 shall be managed are as follows:

18 (1) To protect the remaining high-quality fish

19 and wildlife habitats of the Detroit River before they

20 are lost to further development and to rehabilitate

21 and enhance degraded wildlife habitats associated

22 with the Detroit River.

23 (2) To authorize international efforts to con24 serve, restore, and manage the fish and wildlife habi-
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1 tats associated with the Detroit River both in the

2 United States and Canada.

3 (3) To encourage cooperation in facilitating

4 partnerships among the United States Fish and

5 Wildlife Service, Canadian national and provincial

6 authorities, State and local governments, local com7 munities in the United States and in Canada, con8 servation organizations, and other non-Federal enti9 ties to promote public awareness of the resources of

10 the Detroit River.

11 SEC. 5. ESTABLISHMENT OF REFUGE.

12 (a) BOUNDARIES.—There is hereby established the

13 Detroit River International Wildlife Refuge, consisting of

14 the lands and waters in the State of Michigan within the

15 area extending from the point in Michigan directly across

16 the river from northernmost point of Ojibuway Shores to

17 the southern boundary of the Sterling State Park, as de18 picted upon a map entitled ‘‘Detroit River International

19 Wildlife Refuge Proposed’’, dated llll , 2001. The

20 Secretary shall keep a map of the Refuge available for in21 spection in appropriate offices of the United States Fish

22 and Wildlife Service.

23 (b) EXISTING REFUGE LANDS.—The Wyandotte Na24 tional Wildlife Refuge is hereby included within, and shall

25 be a part of, the Detroit River International Wildlife Ref-
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1 uge. All references to the Wyandotte National Wildlife

2 Refuge shall hereafter be treated as references to the De3 troit River International Wildlife Refuge.

4 (c) BOUNDARY REVISIONS.—The Secretary may

5 make such minor revisions of the boundaries of the Refuge

6 as may be appropriate to carry out the purposes of the

7 Refuge or to facilitate the acquisition of property within

8 the Refuge .

9 (d) ACQUISITION.—The Secretary is authorized to ac10 quire by donation, purchase with donated or appropriated

11 funds, or exchange the lands and waters, or interests

12 therein (including conservation easements), within the

13 boundaries of the Refuge. No such lands, waters, or inter14 ests therein may be acquired without the consent of the

15 owner thereof.

16 (e) TRANSFERS FROM OTHER AGENCIES.—Any Fed17 eral property located within the boundaries of the Refuge

18 which is under the administrative jurisdiction of another

19 department or agency of the United States may, with the

20 concurrence of the head of administering department or

21 agency, be transferred without consideration to the admin22 istrative jurisdiction of the Secretary for the purposes of

23 this Act.
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1 SEC. 6. ADMINISTRATION.

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

3 Federally owned lands, waters, and interests therein that

4 are within the boundaries of the Refuge in accordance

5 with the National Wildlife Refuge System Administration

6 Act (16 U.S.C. 668dd and following) and this Act. The

7 Secretary may use such additional statutory authority as

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

9 and the provision of fish and wildlife oriented recreational

10 opportunities as the Secretary considers appropriate to

11 carry out the purposes of this Act. In administering the

12 Refuge, the Secretary shall conserve, enhance, and restore

13 the native aquatic and terrestrial community characteris14 tics of the Detroit River (including associated fish, wild15 life, and plant species).

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

17 compatible fish and wildlife oriented recreation, the Sec18 retary, in accordance with paragraphs (3) and (4) of sec19 tion 4(a) of the National Wildlife Refuge System Adminis20 tration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure

21 that hunting, fishing, wildlife observation and photog22 raphy, and environmental education and interpretation are

23 the priority public uses of the Refuge.

24 (c) HUNTING, ETC.—The Secretary shall permit

25 hunting, trapping, and fishing on lands and waters owned

26 by the United States within refuge in accordance with ap-
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1 plicable Federal and State law. The Secretary may des2 ignate zones where, and establish periods when, such ac3 tivities will not be permitted for reasons of public safety,

4 administration, fish and wildlife management or public use

5 and enjoyment. Except in emergencies any regulations

6 issued by the Secretary under this subsection shall be put

7 into effect only after consultation with the fish and wildlife

8 agency of the State of Michigan.

9 (d) COOPERATIVE AGREEMENTS REGARDING NON10 FEDERAL LANDS.—The Secretary is authorized to enter

11 into cooperative agreements with the State of Michigan,

12 or any political subdivision thereof, and with any other

13 person or entity for the management in a manner con14 sistent with this Act of lands that are owned by such

15 State, subdivision, or other person or entity and located

16 within the boundaries of the Refuge and to promote public

17 awareness of the resources of the Detroit River National

18 Wildlife Refuge and encourage public participation in the

19 conservation of those resources.

20 (e) USE OF EXISTING GREENWAY AUTHORITY.—The

21 Secretary shall encourage the State of Michigan to use

22 existing authorities under the Transportation Equity Act

23 for the 21st Entry (TEA–21) to provide funding for acqui24 sition and development of trails within the boundaries of

25 the Refuge.
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1 SEC. 7. INDEMNIFICATION.

2 Whenever any person donates to the United States

3 in fee simple real property located within the boundaries

4 of the Refuge, if the State of Michigan has determined

5 that such property meets applicable State standards re6 garding the presence of hazardous substances, pollutants

7 or contaminants, or petroleum or petroleum derivatives

8 and if the President determines that the acquisition of

9 such property by the United States will further the pur10 poses of the refuge and is otherwise in the public interest,

11 the President is authorized to hold harmless, defend, and

12 indemnify such person in full from and against any suit,

13 demand, or action, liability, judgment, cost, or fee arising

14 out of any claim or order that results from, or is in any

15 manner predicated upon, the release or threatened release

16 of, any hazardous substance, pollutant, or contaminant,

17 or petroleum or petroleum derivative on such land. Such

18 indemnification may be provided at the same time as the

19 owner of the property donates and transfers the property

20 to the United States.

21 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated to the De23 partment of the Interior—

24 (1) such sums as may be necessary for the ac25 quisition of lands and waters within the Refuge; and
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1 (2) such sums as may be necessary for the de2 velopment, operation, and maintenance of the Ref3 uge.

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