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Union Calendar No. 165

107TH CONGRESS

1ST SESSION H. R. 1230

[Report No. 107–270]

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

NOVEMBER 5, 2001

Additional sponsors: Ms. KILPATRICK, Mr. BROWN of Ohio, Ms. RIVERS, Mr.

PETERSON of Minnesota, Mrs. MINK of Hawaii, Mr. LEVIN, Mr. CONYERS, Mr. RANGEL, Mr. STUPAK, Mr. KILDEE, Ms. KAPTUR, Mr. BOEHLERT, Ms. BALDWIN, Mr. GEORGE MILLER of California, Ms. SANCHEZ,

Mr. TOWNS, Mr. ALLEN, Mr. BLUMENAUER, Mr. BONIOR, Mr. ABERCROMBIE, Mr. UDALL of Colorado, Mr. UDALL of New Mexico, Mr.

PALLONE, Mr. FALEOMAVAEGA, Mr. EVANS, Mr. KIND, Mr. UNDERWOOD, and Mrs. THURMAN

NOVEMBER 5, 2001

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 27, 2001]

A BILL

To provide for the establishment of the Detroit River Inter-
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national 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 the following:

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.

11 (2) The present river channel, established when

12 falling water levels permitted erosion of the Lake

13 Plain and moraines, is a connecting channel linking

14 the Upper and Lower Great Lakes, as well as linking

15 the United States to Canada.

16 (3) The Lower Detroit River ecosystem is diverse

17 with a number of distinct channels, numerous shoals

18 that support dense stands of aquatic plants, and

19 many islands. These nationally and internationally

20 significant habitats and ecological features attract as

21 many as 29 species of waterfowl and 65 kinds of fish.

22 (4) The Detroit River is a major migration cor23 ridor for fish, butterflies, raptors, and other birds, in

24 addition to waterfowl. Over 300 species of birds have
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1 been documented in the Detroit-Windsor area, of

2 which about 150 species breed in the immediate area.

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

4 intersection of the Atlantic and Mississippi Flyways,

5 the Detroit River is an important waterfowl migra6 tion corridor. 3,000,000 ducks, geese, swans, and coots

7 migrate annually through the Great Lakes region.

8 (6) The importance of this corridor is recognized

9 in the Canada-United States North American Water10 fowl Management Plan that has identified the Detroit

11 River as part of one of 34 Waterfowl Habitat Areas

12 of Major Concern in the United States and Canada.

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

14 Detroit River on their fall migration from Canada to

15 the east and south each year to rest and feed in beds

16 of water celery found in the region.

17 (8) The international importance of the Lower

18 Detroit River area is manifested in the United States

19 congressional designation of the 460-acre Wyandotte

20 National Wildlife Refuge.

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

22 an internationally significant waterfowl staging area

23 which is one of the main resting and feeding areas for

24 canvasbacks migrating from their nesting grounds in
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1 the Canadian prairies to the East Coast. Many over2 winter in the area as well.

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

4 Lower Detroit River ecosystem provides substantial

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

6 vicinity. The Lower Detroit River has an inter7 national reputation for duck hunting. On an eco8 nomic basis, retail sales related to waterfowl hunting

9 in Michigan were estimated in 1991 to be

10 $20,100,000. During the same year birding, photog11 raphy, and other nonconsumptive uses of waterfowl

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

13 (11) More than 1,000,000 pleasure boats are reg14 istered in Michigan and about half of those are used

15 on the Detroit River and Lake St. Clair, in part to

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

17 to the Detroit River each spring from Lake Erie to

18 spawn. These walleye have helped create an inter19 nationally renowned sport fishery estimated to bring

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

21 the lower Detroit River each spring.

22 (12) All of these natural resource values and so23 cioeconomic benefits were acclaimed when the Detroit

24 River was designated an American Heritage River in

25 1998. The Detroit River is also a Canadian Heritage
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1 River, making it the first international heritage river

2 system in the world.

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

4 of its coastal wetland habitats and despite increased

5 awareness and supporting science of their importance,

6 habitats continue to be destroyed and degraded.

7 (14) Protection of remaining wildlife habitats

8 and enhancement of degraded wildlife habitats are es9 sential to sustain the quality of life enjoyed by so

10 many living along the Detroit River corridor.

11 SEC. 3. DEFINITIONS.

12 For purposes of this Act:

13 (1) The term ‘‘Refuge’’ means the Detroit River

14 International Wildlife Refuge established by section 5.

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

16 the Interior.

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

18 and waters within the area described in section 5(a).

19 SEC. 4. PURPOSES.

20 The purposes for which the Refuge is established and

21 shall be managed are as follows:

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

23 and wildlife habitats of the Detroit River before they

24 are lost to further development and to restore and en-
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1 hance degraded wildlife habitats associated with the

2 Detroit River.

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

4 enhance, and restore the native aquatic and terres5 trial community characteristics of the Detroit River

6 (including associated fish, wildlife, and plant species)

7 both in the United States and Canada.

8 (3) To facilitate partnerships among the United

9 States Fish and Wildlife Service, Canadian national

10 and provincial authorities, State and local govern11 ments, local communities in the United States and in

12 Canada, conservation organizations, and other non13 Federal entities to promote public awareness of the re14 sources of the Detroit River.

15 SEC. 5. ESTABLISHMENT OF REFUGE.

16 (a) BOUNDARIES.—There is hereby established the De17 troit River International Wildlife Refuge, consisting of the

18 lands and waters owned or managed by the Secretary pur19 suant to this Act in the State of Michigan within the area

20 extending from the point in Michigan directly across the

21 river from northernmost point of Ojibway Shores to the

22 southern boundary of the Sterling State Park, as depicted

23 upon a map entitled ‘‘Detroit River International Wildlife

24 Refuge Proposed’’, dated July 31, 2001, which shall be
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1 available for inspection in appropriate offices of the United

2 States Fish and Wildlife Service.

3 (b) EXISTING REFUGE LANDS.—The Wyandotte Na4 tional Wildlife Refuge is hereby included within, and shall

5 be a part of, the Detroit River International Wildlife Ref6 uge. All references to the Wyandotte National Wildlife Ref7 uge shall hereafter be treated as references to the Detroit

8 River International Wildlife Refuge.

9 (c) BOUNDARY REVISIONS.—The Secretary may make

10 such revisions of the boundaries of the Refuge as may be

11 appropriate to carry out the purposes of the Refuge or to

12 facilitate the acquisition of property within the Refuge.

13 (d) ACQUISITION.—The Secretary is authorized to ac14 quire by donation, purchase with donated or appropriated

15 funds, or exchange the lands and waters, or interests therein

16 (including conservation easements), within the boundaries

17 of the Refuge.

18 (e) TRANSFERS FROM OTHER AGENCIES.—Any Fed19 eral property located within the boundaries of the Refuge

20 which is under the administrative jurisdiction of another

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

22 concurrence of the head of administering department or

23 agency, be transferred without consideration to the admin24 istrative jurisdiction of the Secretary for the purposes of

25 this Act.
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1 (f) STUDY OF ASSOCIATED AREA.—The Secretary (act2 ing through the Director of the United States Fish and

3 Wildlife Service) shall conduct a study of fish and wildlife

4 habitat and aquatic and terrestrial communities of the

5 north reach of the Detroit River, from the northernmost

6 point of Ojibway Shores north to the mouth of Lake St.

7 Clair, for potential inclusion in the Refuge. Not later than

8 18 months after date of enactment of the Act, the Secretary

9 shall complete such study and submit a report containing

10 the results thereof to the Congress.

11 SEC. 6. ADMINISTRATION.

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

13 federally owned lands, waters, and interests therein that are

14 within the boundaries of the Refuge in accordance with the

15 National Wildlife Refuge System Administration Act (16

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

17 may use such additional statutory authority as may be

18 available for the conservation of fish and wildlife, and the

19 provision of fish and wildlife dependent recreational oppor20 tunities as the Secretary considers appropriate to carry out

21 the purposes of this Act.

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

23 compatible fish and wildlife dependent recreation, the Sec24 retary, in accordance with paragraphs (3) and (4) of sec25 tion 4(a) of the National Wildlife Refuge System Adminis-
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1 tration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure that

2 hunting, fishing, wildlife observation and photography, and

3 environmental education and interpretation are the pri4 ority public uses of the Refuge.

5 (c) COOPERATIVE AGREEMENTS REGARDING NON6 FEDERAL LANDS.—The Secretary is authorized to enter

7 into cooperative agreements with the State of Michigan, or

8 any political subdivision thereof, and with any other person

9 or entity for the management in a manner consistent with

10 this Act of lands that are owned by such State, subdivision,

11 or other person or entity and located within the boundaries

12 of the Refuge and to promote public awareness of the re13 sources of the Detroit River International Wildlife Refuge

14 and encourage public participation in the conservation of

15 those resources.

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

17 Secretary shall encourage the State of Michigan to use exist18 ing authorities under the Transportation Equity Act for the

19 21st Century (TEA–21) to provide funding for acquisition

20 and development of trails within the boundaries of the Ref21 uge.

22 SEC. 7. INDEMNIFICATION.

23 (a) IN GENERAL.—Whenever any person donates to the

24 United States in fee simple real property located within

25 the boundaries of the Refuge, if—
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1 (1) the State of Michigan has determined that

2 such property meets applicable State standards re3 garding the presence of hazardous substances, pollut4 ants or contaminants, or petroleum or petroleum de5 rivatives, and

6 (2) the Secretary determines, after public review

7 and comment, that the acquisition of such real prop8 erty by the United States will further the purposes of

9 the refuge and is otherwise in the public interest,

10 the Secretary is authorized to hold harmless, defend, and

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

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

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

14 manner predicated upon, the release or threatened release

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

16 petroleum or petroleum derivative on such real property.

17 Such indemnification may be provided at the same time

18 as the owner of the property donates and transfers the prop19 erty to the United States.

20 (b) BENEFITS AND RISKS.—In determining whether

21 indemnification under this section is in the public interest,

22 the Secretary shall consider whether the benefits to the

23 United States of acquiring the real property concerned out24 weigh the risks associated with the known or potential con25 tamination.
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1 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with granting indemnification under this sec4 tion as he considers appropriate to protect the interests of

5 the United States.

6 (d) DEFINITION.—As used in this section, the term

7 ‘‘Secretary’’ means the Secretary of the Interior acting

8 through the Director of the United States Fish and Wildlife

9 Service.

10 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated to the Depart12 ment of the Interior—

13 (1) such sums as may be necessary for the acqui14 sition of lands and waters within the Refuge;

15 (2) such sums as may be necessary for the devel16 opment, operation, and maintenance of the Refuge;

17 and

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

19 the study under section 5(f).
Union Calendar No. 165

107TH CONGRESS

1ST SESSION H. R. 1230

[Report No. 107–270]

A BILL

To provide for the establishment of the Detroit

River International Wildlife Refuge in the Stateof Michigan, and for other purposes.

NOVEMBER 5, 2001

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed