[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1230 Enrolled Bill (ENR)]
H.R.1230
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
To provide for the establishment of the Detroit River International
Wildlife Refuge in the State of Michigan, and for other purposes.
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 ``Detroit River International 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 corridor 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 migration 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 Waterfowl 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
international reputation for duck hunting. On an economic basis,
retail sales related to waterfowl hunting in Michigan were
estimated in 1991 to be $20,100,000. During the same year birding,
photography, 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 create an internationally
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 socioeconomic
benefits were acclaimed when the Detroit River was designated an
American Heritage River in 1998. The Detroit River is also a
Canadian Heritage River, making it the first international heritage
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 importance, habitats continue to be destroyed and
degraded.
(14) Protection of remaining wildlife habitats and enhancement
of degraded wildlife habitats are essential 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 5(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 restore and enhance degraded wildlife habitats
associated with the Detroit River.
(2) To assist in international efforts to conserve, enhance,
and restore the native aquatic and terrestrial 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 governments, local communities in the United States
and in Canada, conservation organizations, and other non-Federal
entities 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 owned
or managed by the Secretary pursuant 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 National Wildlife Refuge
is hereby included within, and shall be a part of, the Detroit River
International Wildlife Refuge. All references to the Wyandotte National
Wildlife Refuge 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 acquire 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 Federal 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 administrative jurisdiction
of the Secretary for the purposes of this Act.
(f) Study of Associated Area.--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 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 the date of the 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 et seq.) 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 opportunities 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 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 photography, and
environmental education and interpretation are the priority public uses
of the Refuge.
(c) Cooperative Agreements Regarding Nonfederal 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 resources 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 existing 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 Refuge.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior--
(1) such sums as may be necessary for the acquisition of lands
and waters within the Refuge;
(2) such sums as may be necessary for the development,
operation, and maintenance of the Refuge; and
(3) such sums as may be necessary to carry out the study under
section 5(f).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.