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 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 that—
(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 link-
ing the United States to Canada.
(3) The Lower Detroit River ecosystem is
unique with a number of distinct channels, numer-
ous shoals that support dense stands of aquatic
plants, and many islands. These unique 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 re-
gion.
(6) The importance of this corridor is recog-
nized in the Canada-United States North American
Waterfowl Management Plan that has identified the
Detroit River as part of one of 34 Waterfowl Habi-
tat 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 Wy-
andotte 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
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 cre-
ate an internationally renowned sport fishery esti-
mated 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 De-
troit River was designated an American Heritage
River in 1998. The Detroit River is also a Canadian
Heritage River, making it the first international her-
itage 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 impor-
tance, habitats continue to be destroyed and de-
graded.
(14) Protection of remaining wildlife habitats
and enhancement of degraded wildlife habitats is es-
sential 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
3(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 rehabilitate
and enhance degraded wildlife habitats associated
with the Detroit River.
(2) To authorize international efforts to con-
serve, restore, and manage the fish and wildlife habi-
tats associated with the Detroit River both in the
United States and Canada.
(3) To encourage cooperation in facilitating
partnerships among the United States Fish and
Wildlife Service, Canadian national and provincial
authorities, State and local governments, local com-
munities in the United States and in Canada, con-
servation organizations, and other non-Federal enti-
ties 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 in the State of Michigan within the
area extending from the point in Michigan directly across
the river from northernmost point of Ojibuway Shores to
the southern boundary of the Sterling State Park, as de-
picted upon a map entitled ‘‘Detroit River International
Wildlife Refuge Proposed’’, dated llll , 2001. The
Secretary shall keep a map of the Refuge available for in-
spection 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-
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 oriented recreational
opportunities as the Secretary considers appropriate to
carry out the purposes of this Act. In administering the
Refuge, the Secretary shall conserve, enhance, and restore
the native aquatic and terrestrial community characteris-
tics of the Detroit River (including associated fish, wild-
life, and plant species).
(b) PRIORITY USES.—In providing opportunities for
compatible fish and wildlife oriented 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 photog-
raphy, and environmental education and interpretation are
the priority public uses of the Refuge.
(c) HUNTING, ETC.—The Secretary shall permit
hunting, trapping, and fishing on lands and waters owned
by the United States within refuge in accordance with ap-
plicable Federal and State law. The Secretary may des-
ignate zones where, and establish periods when, such ac-
tivities will not be permitted for reasons of public safety,
administration, fish and wildlife management or public use
and enjoyment. Except in emergencies any regulations
issued by the Secretary under this subsection shall be put
into effect only after consultation with the fish and wildlife
agency of the State of Michigan.
(d) 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 con-
sistent 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 National
Wildlife Refuge and encourage public participation in the
conservation of those resources.
(e) 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 Entry (TEA–21) to provide funding for acqui-
sition and development of trails within the boundaries of
the Refuge.
SEC. 7. INDEMNIFICATION.
Whenever any person donates to the United States
in fee simple real property located within the boundaries
of the Refuge, if the State of Michigan has determined
that such property meets applicable State standards re-
garding the presence of hazardous substances, pollutants
or contaminants, or petroleum or petroleum derivatives
and if the President determines that the acquisition of
such property by the United States will further the pur-
poses of the refuge and is otherwise in the public interest,
the President 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 land. Such
indemnification may be provided at the same time as the
owner of the property donates and transfers the property
to the United States.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the De-
partment of the Interior—
(1) such sums as may be necessary for the ac-
quisition of lands and waters within the Refuge; and
(2) such sums as may be necessary for the de-
velopment, operation, and maintenance of the Ref-
uge.
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