108TH CONGRESS
1ST SESSION
H. R. 289
AN ACT
To expand the boundaries of the Ottawa National
Wildlife Refuge Complex and the Detroit River
International Wildlife Refuge.
108TH CONGRESS
1ST SESSION
H. R. 289
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Ottawa National Wild-
life Refuge Complex Expansion and Detroit River Inter-
national 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 environmental future of the United States;
(2) over the 30-year period preceding the date
of enactment of this Act, the citizens and govern-
mental institutions of the United States and Canada
have devoted increasing attention and resources to
the restoration of the water quality and fisheries of
the Great Lakes, including the western basin;
(3) that increased awareness has been accom-
panied by a gradual shift toward a holistic eco-
system approach that highlights a growing recogni-
tion 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 diversity 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 mod-
erate climate of Lake Erie is appropriate for many
species that are not found in or along the northern
Great Lakes;
(9) more than 300 species of plants, including
37 significant species, have been identified in the
aquatic and wetland habitats 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 wet-
land 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 reputa-
tion for walleye, 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 west-
ern 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 fish-
ery 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 subjected to intense pressure for 150 years;
(20) prior to 1850, the western basin was part
of an extensive coastal marsh and swamp system
consisting of approximately 122,000 hectares that
comprised a portion of the Great Black Swamp;
(21) by 1951, only 12,407 wetland hectares re-
mained 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 wet-
land 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;
(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 de-
graded by numerous stressors, especially excessive
loadings of sediments and nutrients, contaminants,
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 bor-
der of Ohio and Michigan near the mouth of the Ot-
tawa 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 Ref-
uge Establishment Act (16 U.S.C. 668dd note; 115
Stat. 894).
(2) REFUGE
COMPLEX.—The term ‘‘Refuge
Complex’’ means the Ottawa National Wildlife Ref-
uge Complex and the lands and waters in the com-
plex, as described in the document entitled ‘‘The
Comprehensive Conservation Plan for the Ottawa
National Wildlife Refuge Complex’’ and dated Sep-
tember 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 Wild-
life Refuge established by Executive Order No.
7937, dated August 2, 1937; and
(C) the Cedar Point National Wildlife Ref-
uge established 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 water-
sheds of Lake Erie extending from the water-
shed of the Lower Detroit River in the State of
Michigan to and including Sandusky Bay and
the watershed 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 archi-
pelago), as depicted on the map entitled ‘‘Ottawa
National Wildlife Refuge Complex Expansion and
Detroit River International Wildlife Refuge Expan-
sion Act’’ and dated September 6, 2002.
(2) AVAILABILITY OF MAP.—The map referred
to in paragraph (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 revisions of the boundaries of the Refuge Com-
plex as the Secretary determines to be appropriate to fa-
cilitate the acquisition of property within the Refuge Com-
plex.
(c) ACQUISITION.—
(1) IN GENERAL.—Subject to paragraph (2),
the Secretary may acquire by donation, purchase
with donated or appropriated funds, or exchange the
land and water, and interests in land and water (in-
cluding conservation easements), within the bound-
aries of the Refuge Complex.
(2) MANNER OF ACQUISITION.—Any and all ac-
quisitions 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.—Adminis-
trative jurisdiction over any Federal property that is lo-
cated within the boundaries of the Refuge Complex and
under the administrative jurisdiction 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 Secretary 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 commu-
nities in and around the 2 dredge spoil disposal sites
that are—
(A) referred to by the Toledo-Lucas Coun-
ty Port Authority as ‘‘Port Authority Facility
Number Three’’ and ‘‘Grassy Island’’, respec-
tively; 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 re-
sults of the study.
SEC. 5. EXPANSION OF INTERNATIONAL REFUGE BOUND-
ARIES.
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 admin-
ister all federally owned land, water, and interests in
land and water that are located within the bound-
aries of the Refuge Complex in accordance with—
(A) the National Wildlife Refuge System
Administration 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 avail-
able to the Secretary for the conservation of fish and