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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1230 Enrolled Bill (ENR)]

        H.R.1230

                      One Hundred Seventh Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
             the third day of January, two thousand and one

                                 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.
        (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, 
    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 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).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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