H. R. 289
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To expand the boundaries of the Ottawa National Wildlife Refuge Complex and
the Detroit River International Wildlife Refuge.
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 ‘‘Ottawa National Wildlife Refuge
Complex Expansion and Detroit River International Wildlife Refuge
Expansion Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the western basin of Lake Erie, as part of the Great
Lakes ecosystem—
(A) is the largest freshwater ecosystem in the world;
and
(B) is vitally important to the economic and environ-
mental future of the United States;
(2) over the 30-year period preceding the date of enactment
of this Act, the citizens and governmental institutions of the
United States and Canada have devoted increasing attention
and resources to the restoration of the water quality and fish-
eries of the Great Lakes, including the western basin;
(3) that increased awareness has been accompanied by
a gradual shift toward a holistic ecosystem approach that high-
lights a growing recognition that shoreline areas, commonly
referred to as nearshore terrestrial ecosystems, are an integral
part of the western basin and the Great Lakes ecosystem;
(4) the Great Lakes account for more than 90 percent
of the surface freshwater in the United States;
(5) the western basin receives approximately 90 percent
of its flow from the Detroit River and only approximately 10
percent from tributaries;
(6) the western basin is an important ecosystem that
includes a number of distinct islands, channels, rivers, and
shoals that support dense populations of fish, wildlife, and
aquatic plants;
(7) coastal wetland of Lake Erie supports the largest diver-
sity of plant and wildlife species in the Great Lakes;
(8) because Lake Erie is located at a more southern latitude
than other Great Lakes, the moderate climate of Lake Erie
is appropriate for many species that are not found in or along
the northern Great Lakes;
H. R. 289—2
(9) more than 300 species of plants, including 37 significant
species, have been identified in the aquatic and wetland habi-
tats of the western basin;
(10) the shallow western basin of Lake Erie, extending
from the Lower Detroit River to Sandusky Bay, is home to
the greatest concentration of marshes in Lake Erie, including—
(A) Mouille, Metzger, and Magee marshes;
(B) the Maumee Bay wetland complex;
(C) the wetland complexes flanking Locust Point; and
(D) the wetland in Sandusky Bay;
(11) the larger islands of the United States in western
Lake Erie have wetland in small embayments;
(12) the wetland in the western basin comprises some
of the most important waterfowl habitat in the Great Lakes;
(13) waterfowl, wading birds, shore birds, gulls and terns,
raptors, and perching birds use the wetland in the western
basin for migration, nesting, and feeding;
(14) hundreds of thousands of diving ducks stop to rest
in the Lake Erie area during autumn migration from Canada
to points east and south;
(15) the wetland of the western basin provides a major
stopover for ducks, such as migrating bufflehead, common
goldeneye, common mergansers, and ruddy duck;
(16) the international importance of Lake Erie is indicated
in the United States by congressional designation of the Ottawa
and Cedar Point National Wildlife Refuges;
(17)(A) Lake Erie has an international reputation for wall-
eye, perch, and bass fishing, recreational boating, birding,
photography, and duck hunting; and
(B) on an economic basis, tourism in the Lake Erie area
accounts for an estimated $1,500,000,000 in retail sales and
more than 50,000 jobs;
(18)(A) many of the 417,000 boats that are registered in
the State of Ohio are used in the western basin, in part to
fish for the estimated 10,000,000 walleye that migrate from
the lake to spawn; and
(B) that internationally renowned walleye fishery drives
much of the $2,000,000,000 sport fishing industry in the State
of Ohio;
(19) coastal wetland in the western basin has been sub-
jected to intense pressure for 150 years;
(20) prior to 1850, the western basin was part of an exten-
sive coastal marsh and swamp system consisting of approxi-
mately 122,000 hectares that comprised a portion of the Great
Black Swamp;
(21) by 1951, only 12,407 wetland hectares remained in
the western basin;
(22) 50 percent of that acreage was destroyed between
1972 and 1987, leaving only approximately 5,000 hectares in
existence today;
(23) along the Michigan shoreline, coastal wetland was
reduced by 62 percent between 1916 and the early 1970s;
(24) the development of the city of Monroe, Michigan, has
had a particularly significant impact on the coastal wetland
at the mouth of the Raisin River;
H. R. 289—3
(25) only approximately 100 hectares remain physically
unaltered today in an area in which, 70 years ago, marshes
were 10 times more extensive;
(26) in addition to the actual loss of coastal wetland acreage
along the shores of Lake Erie, the quality of much remaining
dike wetland has been degraded by numerous stressors, espe-
cially excessive loadings of sediments and nutrients, contami-
nants, shoreline modification, exotic species, and the diking
of wetland; and
(27) protective peninsula beach systems, such as the former
Bay Point and Woodtick, at the border of Ohio and Michigan
near the mouth of the Ottawa River and Maumee Bay, have
been eroded over the years, exacerbating erosion along the
shorelines and negatively affecting breeding and spawning
grounds.
SEC. 3. DEFINITIONS.
In this Act:
(1) INTERNATIONAL
REFUGE.—The term ‘‘International
Refuge’’ means the Detroit River International Wildlife Refuge
established by section 5(a) of the Detroit River International
Wildlife Refuge Establishment Act (16 U.S.C. 668dd note; 115
Stat. 894).
(2) REFUGE COMPLEX.—The term ‘‘Refuge Complex’’ means
the Ottawa National Wildlife Refuge Complex and the lands
and waters in the complex, as described in the document enti-
tled ‘‘The Comprehensive Conservation Plan for the Ottawa
National Wildlife Refuge Complex’’ and dated September 22,
2000, including—
(A) the Ottawa National Wildlife Refuge, established
by the Secretary in accordance with the Migratory Bird
Conservation Act (16 U.S.C. 715 et seq.);
(B) the West Sister Island National Wildlife Refuge
established by Executive Order No. 7937, dated August
2, 1937; and
(C) the Cedar Point National Wildlife Refuge estab-
lished by the Secretary in accordance with the Migratory
Bird Conservation Act (16 U.S.C. 715 et seq.).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) WESTERN BASIN.—
(A) IN
GENERAL.—The term ‘‘western basin’’ means
the western basin of Lake Erie, consisting of the land
and water in the watersheds of Lake Erie extending from
the watershed of the Lower Detroit River in the State
of Michigan to and including Sandusky Bay and the water-
shed of Sandusky Bay in the State of Ohio.
(B) INCLUSION.—The term ‘‘western basin’’ includes the
Bass Island archipelago in the State of Ohio.
SEC. 4. EXPANSION OF BOUNDARIES.
(a) REFUGE COMPLEX BOUNDARIES.—
(1) EXPANSION.—The boundaries of the Refuge Complex
are expanded to include land and water in the State of Ohio
from the eastern boundary of Maumee Bay State Park to the
eastern boundary of the Darby Unit (including the Bass Island
archipelago), as depicted on the map entitled ‘‘Ottawa National
H. R. 289—4
Wildlife Refuge Complex Expansion and Detroit River Inter-
national Wildlife Refuge Expansion Act’’ and dated September
6, 2002.
(2) AVAILABILITY OF MAP.—The map referred to in para-
graph (1) shall be available for inspection in appropriate offices
of the United States Fish and Wildlife Service.
(b) BOUNDARY REVISIONS.—The Secretary may make such revi-
sions of the boundaries of the Refuge Complex as the Secretary
determines to be appropriate to facilitate the acquisition of property
within the Refuge Complex.
(c) ACQUISITION.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary
may acquire by donation, purchase with donated or appro-
priated funds, or exchange the land and water, and interests
in land and water (including conservation easements), within
the boundaries of the Refuge Complex.
(2) MANNER OF ACQUISITION.—Any and all acquisitions of
land or waters under the provisions of this Act shall be made
in a voluntary manner and shall not be the result of forced
takings.
(d) TRANSFERS FROM OTHER AGENCIES.—Administrative juris-
diction over any Federal property that is located within the bound-
aries of the Refuge Complex and under the administrative jurisdic-
tion of an agency of the United States other than the Department
of the Interior may, with the concurrence of the head of the admin-
istering agency, be transferred without consideration to the Sec-
retary for the purpose of this Act.
(e) STUDY OF ASSOCIATED AREA.—
(1) IN
GENERAL.—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 in and around the 2 dredge spoil dis-
posal sites that are—
(A) referred to by the Toledo-Lucas County Port
Authority as ‘‘Port Authority Facility Number Three’’ and
‘‘Grassy Island’’, respectively; and
(B) located within Toledo Harbor near the mouth of
the Maumee River.
(2) REPORT.—Not later than 18 months after the date of
enactment of the Act, the Secretary shall—
(A) complete the study under paragraph (1); and
(B) submit to Congress a report on the results of the
study.
SEC. 5. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES.
The southern boundary of the International Refuge is extended
south to include additional land and water in the State of Michigan
located east of Interstate Route 75, extending from the southern
boundary of Sterling State Park to the Ohio State boundary, as
depicted on the map referred to in section 4(a)(1).
SEC. 6. ADMINISTRATION.
(a) REFUGE COMPLEX.—
(1) IN GENERAL.—The Secretary shall administer all feder-
ally owned land, water, and interests in land and water that
are located within the boundaries of the Refuge Complex in
accordance with—
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(A) the National Wildlife Refuge System Administra-
tion Act of 1966 (16 U.S.C. 668dd et seq.); and
(B) this Act.
(2) ADDITIONAL AUTHORITY.—The Secretary may use such
additional statutory authority available to the Secretary for
the conservation of fish and wildlife, and the provision of
opportunities for fish- and wildlife-dependent recreation, as
the Secretary determines to be appropriate to carry out this
Act.
(b) ADDITIONAL PURPOSES.—In addition to the purposes of the
Refuge Complex under other laws, regulations, Executive orders,
and comprehensive conservation plans, the Refuge Complex shall
be managed—
(1) to strengthen and complement existing resource
management, conservation, and education programs and activi-
ties at the Refuge Complex in a manner consistent with the
primary purposes of the Refuge Complex—
(A) to provide major resting, feeding, and wintering
habitats for migratory birds and other wildlife; and
(B) to enhance national resource conservation and
management in the western basin;
(2) in partnership with nongovernmental and private
organizations and private individuals dedicated to habitat
enhancement, to conserve, enhance, and restore the native
aquatic and terrestrial community characteristics of the
western basin (including associated fish, wildlife, and plant
species);
(3) to facilitate partnerships among the United States Fish
and Wildlife Service, Canadian national and provincial authori-
ties, State and local governments, local communities in the
United States and Canada, conservation organizations, and
other non-Federal entities to promote public awareness of the
resources of the western basin; and
(4) to advance the collective goals and priorities that—
(A) were established in the report entitled ‘‘Great Lakes
Strategy 2002—A Plan for the New Millennium’’, developed
by the United States Policy Committee, comprised of Fed-
eral agencies (including the United States Fish and Wildlife
Service, the National Oceanic and Atmospheric Administra-
tion, the United States Geological Survey, the Forest
Service, and the Great Lakes Fishery Commission) and
State governments and tribal governments in the Great
Lakes basin; and
(B) include the goals of cooperating to protect and
restore the chemical, physical, and biological integrity of
the Great Lakes basin ecosystem.
(c) 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 photog-
raphy, and environmental education and interpretation are the
priority public uses of the Refuge Complex.
(d) 
COOPERATIVE
AGREEMENTS
REGARDING
NON-FEDERAL
LAND.—To promote public awareness of the resources of the western
basin and encourage public participation in the conservation of