[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1230 Introduced in House (IH)]







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 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 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 linking the United States to Canada.
            (3) The Lower Detroit River ecosystem is unique with a 
        number of distinct channels, numerous 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 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 is 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 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 conserve, 
        restore, and manage the fish and wildlife habitats 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 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 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 depicted 
upon a map entitled ``Detroit River International Wildlife Refuge 
Proposed'', dated ________, 2001. The Secretary shall keep a map of the 
Refuge 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 minor 
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. No such lands, waters, 
or interests therein may be acquired without the consent of the owner 
thereof.
    (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.

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 characteristics of 
the Detroit River (including associated fish, wildlife, and plant 
species).
    (b) Priority Uses.--In providing opportunities for compatible fish 
and wildlife oriented 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) Hunting, Etc.--The Secretary shall permit hunting, trapping, 
and fishing on lands and waters owned by the United States within 
refuge in accordance with applicable Federal and State law. The 
Secretary may designate zones where, and establish periods when, such 
activities 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 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 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 acquisition 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 regarding 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 purposes 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 Department of the 
Interior--
            (1) such sums as may be necessary for the acquisition of 
        lands and waters within the Refuge; and
            (2) such sums as may be necessary for the development, 
        operation, and maintenance of the Refuge.
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