[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