IB
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. CON-
YERS, Mr. RANGEL, Mr. STUPAK, Mr. KILDEE, Ms. KAPTUR, Mr. BOEH-
LERT, Ms. BALDWIN, Mr. GEORGE MILLER of California, Ms. SANCHEZ,
Mr. TOWNS, Mr. ALLEN, Mr. BLUMENAUER, Mr. BONIOR, Mr. ABER-
CROMBIE, Mr. UDALL of Colorado, Mr. UDALL of New Mexico, Mr.
PALLONE, Mr. FALEOMAVAEGA, Mr. EVANS, Mr. KIND, Mr. UNDER-
WOOD, 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-
national Wildlife Refuge in the State of Michigan, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Detroit River Inter-
national 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 cor-
ridor 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 migra-
tion 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 Water-
fowl 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 inter-
national reputation for duck hunting. On an eco-
nomic basis, retail sales related to waterfowl hunting
in 
Michigan 
were 
estimated 
in 
1991 
to 
be
$20,100,000. During the same year birding, photog-
raphy, and other nonconsumptive uses of waterfowl
contributed an additional $192,800,000 in Michigan.
(11) More than 1,000,000 pleasure boats are reg-
istered 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 inter-
nationally 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 so-
cioeconomic benefits were acclaimed when the Detroit
River was designated an American Heritage River in
1998. The Detroit River is also a Canadian Heritage
hance degraded wildlife habitats associated with the
Detroit River.
(2) To assist in international efforts to conserve,
enhance, and restore the native aquatic and terres-
trial 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 govern-
ments, local communities in the United States and in
Canada, conservation organizations, and other non-
Federal entities to promote public awareness of the re-
sources of the Detroit River.
SEC. 5. ESTABLISHMENT OF REFUGE.
(a) BOUNDARIES.—There is hereby established the De-
troit River International Wildlife Refuge, consisting of the
lands and waters owned or managed by the Secretary pur-
suant 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 Na-
tional Wildlife Refuge is hereby included within, and shall
be a part of, the Detroit River International Wildlife Ref-
uge. All references to the Wyandotte National Wildlife Ref-
uge 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 ac-
quire 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 Fed-
eral 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 admin-
istrative jurisdiction of the Secretary for the purposes of
this Act.
(f) STUDY OF ASSOCIATED AREA.—The Secretary (act-
ing 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 date of 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 and following) 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 oppor-
tunities 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 Sec-
retary, in accordance with paragraphs (3) and (4) of sec-
tion 4(a) of the National Wildlife Refuge System Adminis-
tration 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 pri-
ority public uses of the Refuge.
(c) COOPERATIVE AGREEMENTS REGARDING NON-
FEDERAL 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 re-
sources 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 exist-
ing 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 Ref-
uge.
SEC. 7. INDEMNIFICATION.
(a) IN GENERAL.—Whenever any person donates to the
United States in fee simple real property located within
the boundaries of the Refuge, if—
(1) the State of Michigan has determined that
such property meets applicable State standards re-
garding the presence of hazardous substances, pollut-
ants or contaminants, or petroleum or petroleum de-
rivatives, and
(2) the Secretary determines, after public review
and comment, that the acquisition of such real prop-
erty by the United States will further the purposes of
the refuge and is otherwise in the public interest,
the Secretary is authorized to hold harmless, defend, and
indemnify such person in full from and against any suit,
demand, or action, liability, judgment, cost, or fee arising
out of any claim or order that results from, or is in any
manner predicated upon, the release or threatened release
of, any hazardous substance, pollutant, or contaminant, or
petroleum or petroleum derivative on such real property.
Such indemnification may be provided at the same time
as the owner of the property donates and transfers the prop-
erty to the United States.
(b) BENEFITS AND RISKS.—In determining whether
indemnification under this section is in the public interest,
the Secretary shall consider whether the benefits to the
United States of acquiring the real property concerned out-
weigh the risks associated with the known or potential con-
tamination.