[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 835 Reported in Senate (RS)]






                                                       Calendar No. 264
107th CONGRESS
  1st Session
                                 S. 835

                          [Report No. 107-112]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2001

Mr. Levin (for himself and Ms. Stabenow) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                            December 7, 2001

               Reported by Mr. Jeffords, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To establish 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.

    Congress finds that--
            (1) the Detroit River, 1 of North America's greatest 
        rivers, was created about 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 and Canada;
            (3)(A) 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; and
            (B) the unique habitats and ecological features attract as 
        many as 29 species of waterfowl and 65 species of fish;
            (4)(A) the Detroit River is a major migration corridor for 
        fish, butterflies, and raptors and other birds in addition to 
        waterfowl; and
            (B) more than 300 species of bird have been documented in 
        the Detroit-Windsor area, of which about 150 species breed in 
        the immediate area;
            (5)(A) because the Great Lakes are situated at the 
        intersection of the Atlantic and Mississippi flyways, the 
        Detroit River is an important waterfowl migration corridor; and
            (B) 3,000,000 ducks, geese, swans, and coots migrate 
        annually through the Great Lakes region;
            (6) the importance of the corridor is recognized in the 
        Canada-United States North American Waterfowl Management Plan, 
        which identifies the Detroit River as part of 1 of 34 Waterfowl 
        Habitat Areas of Major Concern in the United States and Canada;
            (7) approximately 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;
            (8) the international importance of the lower Detroit River 
        area is manifested in the designation of the 460-acre Wyandotte 
        National Wildlife Refuge by Public Law 87-119 (16 U.S.C. 668dd 
        note);
            (9)(A) Canada's Canard River Marsh Complex, an 
        internationally significant waterfowl staging area, is 1 of the 
        main resting and feeding areas for canvasbacks migrating from 
        their nesting grounds in the Canadian prairies to the east 
        coast; and
            (B) many canvasbacks winter in the area as well;
            (10)(A) the diversity of biota and habitats in the lower 
        Detroit River ecosystem provides substantial benefits to the 
        more than 5,000,000 people who live in the vicinity;
            (B) the lower Detroit River has an international reputation 
        for duck hunting; and
            (C) sales related to waterfowl hunting, birding, 
        photography, and other nonconsumptive uses of waterfowl 
        contribute hundreds of millions of dollars annually to the 
        regional economy;
            (11)(A) 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 from Lake 
        Erie each spring to spawn; and
            (B) the 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)(A) all of the natural resource values and 
        socioeconomic benefits described in the preceding paragraphs 
        were acclaimed when the Detroit River was designated as an 
        American Heritage River in 1998; and
            (B) 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 the importance of the habitats, the 
        habitats continue to be destroyed and degraded; and
            (14) protection of remaining wildlife habitats and 
        restoration of degraded wildlife habitats is essential to 
        sustaining the quality of life enjoyed by so many people living 
        along the Detroit River.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Detroit river.--The term ``Detroit River'' means the 
        land and water within the area described in section 4.
            (2) Refuge.--The term ``Refuge'' means the Detroit River 
        International Wildlife Refuge established by section 4(a).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Michigan.

SEC. 4. ESTABLISHMENT OF REFUGE.

    (a) Boundaries.--There is established the Detroit River 
International Wildlife Refuge, consisting of the land and water in the 
State within the area extending from the point in Michigan directly 
across the river from the northernmost point of Ojibuway Shores to the 
southern boundary of Sterling State Park, as depicted on the map 
entitled ``Detroit River International Wildlife Refuge Proposed'' and 
dated <DELETED>----------, 2001. </DELETED>July 31, 2001.
    (b) Map.--The Secretary shall keep a map of the Refuge available 
for inspection in appropriate offices of the United States Fish and 
Wildlife Service.
    (c) Wyandotte National Wildlife Refuge.--
            (1) Inclusion.--The area described in subsection (a) 
        includes the Wyandotte National Wildlife Refuge.
            (2) Repeal of act establishing wyandotte national wildlife 
        refuge.--Public Law 87-119 (16 U.S.C. 668dd note) is repealed.
            (3) References.--Any reference in a law, regulation, map, 
        document, paper, or other record of the United States to the 
        Wyandotte National Wildlife Refuge shall be deemed to be a 
        reference to the Refuge.
    (d) Boundary Revisions.--The Secretary may make such minor 
revisions to the boundaries of the Refuge as are appropriate to carry 
out the purposes of the Refuge and to facilitate the acquisition of 
land, water, and interests in land or water within the Refuge.
    (e) Acquisitions.--
            (1) In general.--The Secretary may acquire by donation, 
        purchase with donated or appropriated funds, or exchange the 
        land, water, and interests in land or water (including 
        conservation easements) within the Refuge.
            (2) Consent.--No land, water, or interest in land or water 
        may be acquired without the consent of the owner.
    (f) Transfers From Other Agencies.--Any property located within the 
Refuge that is under the administrative jurisdiction of another Federal 
agency may, with the concurrence of the head of the agency, be 
transferred without consideration to the administrative jurisdiction of 
the Secretary.

SEC. 5. ADMINISTRATION.

    (a) Applicable Law.--
            (1) In general.--The Secretary shall administer all 
        federally owned land, water, and interests in land or water 
        within the Refuge in accordance with the National Wildlife 
        Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
        seq.) and this Act.
            (2) Other authority.--The Secretary may use such additional 
        statutory authority as is 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 this Act.
    (b) Community Characteristics.--In administering the Refuge, the 
Secretary shall conserve, restore, and enhance the native aquatic and 
terrestrial community characteristics of the Detroit River (including 
associated fish, wildlife, and plant species).
    (c) Purposes.--The purposes for which the Refuge shall be managed 
are--
            (1) to protect the remaining high-quality fish and wildlife 
        habitats of the Detroit River before the habitats are lost to 
        further development;
            (2) to restore and enhance degraded wildlife habitats 
        associated with the Detroit River;
            (3) to cooperate in international efforts to conserve, 
        restore, and manage the fish and wildlife habitats associated 
        with the Detroit River in the United States and Canada; and
            (4) 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.
    (d) Priority Uses.--In providing opportunities for compatible fish- 
and wildlife-oriented recreation, the Secretary shall ensure, to the 
maximum extent practicable, that the Refuge is used for priority uses 
under--
            (1) the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.); and
            (2) the National Wildlife Refuge System Improvement Act of 
        1998 (16 U.S.C. 668dd note; Public Law 105-312).
    (e) Hunting and Fishing.--
            (1) In general.--The Secretary shall permit hunting and 
        fishing on Federal land and water within the Refuge in 
        accordance with applicable Federal and State law.
            (2) Limitations.--The Secretary may designate zones where, 
        and establish periods when, hunting or fishing shall not be 
        permitted for reasons of public safety, administration, fish 
        and wildlife management, or public use and enjoyment.
            (3) Regulations.--Except in an emergency, any regulation 
        promulgated by the Secretary under this subsection shall become 
        effective only after consultation with the fish and wildlife 
        agency of the State.
    (f) Cooperative Agreements Regarding Non-Federal Land.--The 
Secretary may--
            (1) enter into cooperative agreements with the State, or a 
        political subdivision of the State, and with any other person 
        or entity for the management in a manner consistent with this 
        Act of land or water owned by the State, political subdivision, 
        or other person or entity and located within the Refuge;
            (2) promote public awareness of the resources of the 
        Refuge; and
            (3) encourage public participation in the conservation of 
        the resources of the Refuge.
    (g) Use of Existing Greenway Authority.--The Secretary shall 
encourage the State to use authority under section 206 of title 23, 
United States Code, to provide funding for acquisition and development 
of trails within the Refuge.

<DELETED>SEC. 6. INDEMNIFICATION.</DELETED>

<DELETED>    (a) In General.--If--</DELETED>
        <DELETED>    (1) a person donates to the United States in fee 
        simple real property located within the Refuge;</DELETED>
        <DELETED>    (2) the appropriate State official determines that 
        the property meets applicable State standards regarding the 
        presence of hazardous substances, pollutants, contaminants, 
        petroleum, or petroleum derivatives; and</DELETED>
        <DELETED>    (3) the President determines that the acquisition 
        of the property by the United States will further the purposes 
        of the Refuge and is otherwise in the public 
        interest;</DELETED>
<DELETED>the President may hold harmless, defend, and indemnify the 
person in full from any suit, demand, action, liability, judgment, 
cost, or fee arising out of any claim or order that results from, or is 
predicated on, the release or threatened release of any hazardous 
substance, pollutant, contaminant, petroleum, or petroleum derivative 
on the property.</DELETED>
<DELETED>    (b) Timing.--Indemnification under subsection (a) may be 
provided at the time at which the owner of the property conveys the 
property to the United States.</DELETED>

SEC. 6. INDEMNIFICATION.

    (a) In General.--In any case in which 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 the real 
        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 the real property by the 
        United States will further the purposes of the Refuge and is 
        otherwise in the public interest;
the Secretary may hold harmless, defend, and indemnify the 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 the real property.
    (b) Timing of Indemnification.--Indemnification under this section 
may be provided at the same time as the owner of the real property 
donates and transfers the real property to the United States.
    (c) 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.
    (d) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with granting 
indemnification under this section as the Secretary considers 
appropriate to protect the interests of the United States.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
for--
            (1) the acquisition of land, water, and interests in land 
        or water within the Refuge; and
            (2) the development, operation, and maintenance of the 
        Refuge.




                                                       Calendar No. 264

107th CONGRESS

  1st Session

                                 S. 835

                          [Report No. 107-112]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            December 7, 2001

                        Reported with amendments