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






                                                 Union Calendar No. 165
107th CONGRESS
  1st Session
                                H. R. 1230

                          [Report No. 107-270]

  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

                            November 5, 2001

Additional sponsors: Ms. Kilpatrick, Mr. Brown of Ohio, Ms. Rivers, Mr. 
Peterson of Minnesota, Mrs. Mink of Hawaii, Mr. Levin, Mr. Conyers, Mr. 
Rangel, Mr. Stupak, Mr. Kildee, Ms. Kaptur, Mr. Boehlert, Ms. Baldwin, 
Mr. George Miller of California, Ms. Sanchez, Mr. Towns, Mr. Allen, Mr. 
  Blumenauer, Mr. Bonior, Mr. Abercrombie, Mr. Udall of Colorado, Mr. 
  Udall of New Mexico, Mr. Pallone, Mr. Faleomavaega, Mr. Evans, Mr. 
                 Kind, Mr. Underwood, and Mrs. Thurman

                            November 5, 2001

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               27, 2001]

_______________________________________________________________________

                                 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 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 date of 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 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 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. INDEMNIFICATION.

    (a) In General.--Whenever any person donates to the United States 
in fee simple real property located within the boundaries of the 
Refuge, if--
            (1) 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
            (2) the Secretary determines, after public review and 
        comment, that the acquisition of such real property by the 
        United States will further the purposes of the refuge and is 
        otherwise in the public interest,
the Secretary 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 real 
property. Such indemnification may be provided at the same time as the 
owner of the property donates and transfers the property to the United 
States.
    (b) Benefits and Risks.--In determining whether indemnification 
under this section is in the public interest, the Secretary shall 
consider whether the benefits to the United States of acquiring the 
real property concerned outweigh the risks associated with the known or 
potential contamination.
    (c) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with granting 
indemnification under this section as he considers appropriate to 
protect the interests of the United States.
    (d) Definition.--As used in this section, the term ``Secretary'' 
means the Secretary of the Interior acting through the Director of the 
United States Fish and Wildlife Service.

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;
            (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).




                                                 Union Calendar No. 165

107th CONGRESS

  1st Session

                               H. R. 1230

                          [Report No. 107-270]

_______________________________________________________________________

                                 A BILL

  To provide for the establishment of the Detroit River International 
   Wildlife Refuge in the State of Michigan, and for other purposes.

_______________________________________________________________________

                            November 5, 2001

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed