[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 289 Enrolled Bill (ENR)]

        H.R.289

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three


                                 An Act


 
To expand the boundaries of the Ottawa National Wildlife Refuge Complex 
          and the Detroit River International Wildlife Refuge.

    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 ``Ottawa National Wildlife Refuge 
Complex Expansion and Detroit River International Wildlife Refuge 
Expansion Act''.

SEC. 2. FINDINGS.

    Congress finds that--
        (1) the western basin of Lake Erie, as part of the Great Lakes 
    ecosystem--
            (A) is the largest freshwater ecosystem in the world; and
            (B) is vitally important to the economic and environmental 
        future of the United States;
        (2) over the 30-year period preceding the date of enactment of 
    this Act, the citizens and governmental institutions of the United 
    States and Canada have devoted increasing attention and resources 
    to the restoration of the water quality and fisheries of the Great 
    Lakes, including the western basin;
        (3) that increased awareness has been accompanied by a gradual 
    shift toward a holistic ecosystem approach that highlights a 
    growing recognition that shoreline areas, commonly referred to as 
    nearshore terrestrial ecosystems, are an integral part of the 
    western basin and the Great Lakes ecosystem;
        (4) the Great Lakes account for more than 90 percent of the 
    surface freshwater in the United States;
        (5) the western basin receives approximately 90 percent of its 
    flow from the Detroit River and only approximately 10 percent from 
    tributaries;
        (6) the western basin is an important ecosystem that includes a 
    number of distinct islands, channels, rivers, and shoals that 
    support dense populations of fish, wildlife, and aquatic plants;
        (7) coastal wetland of Lake Erie supports the largest diversity 
    of plant and wildlife species in the Great Lakes;
        (8) because Lake Erie is located at a more southern latitude 
    than other Great Lakes, the moderate climate of Lake Erie is 
    appropriate for many species that are not found in or along the 
    northern Great Lakes;
        (9) more than 300 species of plants, including 37 significant 
    species, have been identified in the aquatic and wetland habitats 
    of the western basin;
        (10) the shallow western basin of Lake Erie, extending from the 
    Lower Detroit River to Sandusky Bay, is home to the greatest 
    concentration of marshes in Lake Erie, including--
            (A) Mouille, Metzger, and Magee marshes;
            (B) the Maumee Bay wetland complex;
            (C) the wetland complexes flanking Locust Point; and
            (D) the wetland in Sandusky Bay;
        (11) the larger islands of the United States in western Lake 
    Erie have wetland in small embayments;
        (12) the wetland in the western basin comprises some of the 
    most important waterfowl habitat in the Great Lakes;
        (13) waterfowl, wading birds, shore birds, gulls and terns, 
    raptors, and perching birds use the wetland in the western basin 
    for migration, nesting, and feeding;
        (14) hundreds of thousands of diving ducks stop to rest in the 
    Lake Erie area during autumn migration from Canada to points east 
    and south;
        (15) the wetland of the western basin provides a major stopover 
    for ducks, such as migrating bufflehead, common goldeneye, common 
    mergansers, and ruddy duck;
        (16) the international importance of Lake Erie is indicated in 
    the United States by congressional designation of the Ottawa and 
    Cedar Point National Wildlife Refuges;
        (17)(A) Lake Erie has an international reputation for walleye, 
    perch, and bass fishing, recreational boating, birding, 
    photography, and duck hunting; and
        (B) on an economic basis, tourism in the Lake Erie area 
    accounts for an estimated $1,500,000,000 in retail sales and more 
    than 50,000 jobs;
        (18)(A) many of the 417,000 boats that are registered in the 
    State of Ohio are used in the western basin, in part to fish for 
    the estimated 10,000,000 walleye that migrate from the lake to 
    spawn; and
        (B) that internationally renowned walleye fishery drives much 
    of the $2,000,000,000 sport fishing industry in the State of Ohio;
        (19) coastal wetland in the western basin has been subjected to 
    intense pressure for 150 years;
        (20) prior to 1850, the western basin was part of an extensive 
    coastal marsh and swamp system consisting of approximately 122,000 
    hectares that comprised a portion of the Great Black Swamp;
        (21) by 1951, only 12,407 wetland hectares remained in the 
    western basin;
        (22) 50 percent of that acreage was destroyed between 1972 and 
    1987, leaving only approximately 5,000 hectares in existence today;
        (23) along the Michigan shoreline, coastal wetland was reduced 
    by 62 percent between 1916 and the early 1970s;
        (24) the development of the city of Monroe, Michigan, has had a 
    particularly significant impact on the coastal wetland at the mouth 
    of the Raisin River;
        (25) only approximately 100 hectares remain physically 
    unaltered today in an area in which, 70 years ago, marshes were 10 
    times more extensive;
        (26) in addition to the actual loss of coastal wetland acreage 
    along the shores of Lake Erie, the quality of much remaining dike 
    wetland has been degraded by numerous stressors, especially 
    excessive loadings of sediments and nutrients, contaminants, 
    shoreline modification, exotic species, and the diking of wetland; 
    and
        (27) protective peninsula beach systems, such as the former Bay 
    Point and Woodtick, at the border of Ohio and Michigan near the 
    mouth of the Ottawa River and Maumee Bay, have been eroded over the 
    years, exacerbating erosion along the shorelines and negatively 
    affecting breeding and spawning grounds.

SEC. 3. DEFINITIONS.

    In this Act:
        (1) International refuge.--The term ``International Refuge'' 
    means the Detroit River International Wildlife Refuge established 
    by section 5(a) of the Detroit River International Wildlife Refuge 
    Establishment Act (16 U.S.C. 668dd note; 115 Stat. 894).
        (2) Refuge complex.--The term ``Refuge Complex'' means the 
    Ottawa National Wildlife Refuge Complex and the lands and waters in 
    the complex, as described in the document entitled ``The 
    Comprehensive Conservation Plan for the Ottawa National Wildlife 
    Refuge Complex'' and dated September 22, 2000, including--
            (A) the Ottawa National Wildlife Refuge, established by the 
        Secretary in accordance with the Migratory Bird Conservation 
        Act (16 U.S.C. 715 et seq.);
            (B) the West Sister Island National Wildlife Refuge 
        established by Executive Order No. 7937, dated August 2, 1937; 
        and
            (C) the Cedar Point National Wildlife Refuge established by 
        the Secretary in accordance with the Migratory Bird 
        Conservation Act (16 U.S.C. 715 et seq.).
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (4) Western basin.--
            (A) In general.--The term ``western basin'' means the 
        western basin of Lake Erie, consisting of the land and water in 
        the watersheds of Lake Erie extending from the watershed of the 
        Lower Detroit River in the State of Michigan to and including 
        Sandusky Bay and the watershed of Sandusky Bay in the State of 
        Ohio.
            (B) Inclusion.--The term ``western basin'' includes the 
        Bass Island archipelago in the State of Ohio.

SEC. 4. EXPANSION OF BOUNDARIES.

    (a) Refuge Complex Boundaries.--
        (1) Expansion.--The boundaries of the Refuge Complex are 
    expanded to include land and water in the State of Ohio from the 
    eastern boundary of Maumee Bay State Park to the eastern boundary 
    of the Darby Unit (including the Bass Island archipelago), as 
    depicted on the map entitled ``Ottawa National Wildlife Refuge 
    Complex Expansion and Detroit River International Wildlife Refuge 
    Expansion Act'' and dated September 6, 2002.
        (2) Availability of map.--The map referred to in paragraph (1) 
    shall be available for inspection in appropriate offices of the 
    United States Fish and Wildlife Service.
    (b) Boundary Revisions.--The Secretary may make such revisions of 
the boundaries of the Refuge Complex as the Secretary determines to be 
appropriate to facilitate the acquisition of property within the Refuge 
Complex.
    (c) Acquisition.--
        (1) In general.--Subject to paragraph (2), the Secretary may 
    acquire by donation, purchase with donated or appropriated funds, 
    or exchange the land and water, and interests in land and water 
    (including conservation easements), within the boundaries of the 
    Refuge Complex.
        (2) Manner of Acquisition.--Any and all acquisitions of land or 
    waters under the provisions of this Act shall be made in a 
    voluntary manner and shall not be the result of forced takings.
    (d) Transfers From Other Agencies.--Administrative jurisdiction 
over any Federal property that is located within the boundaries of the 
Refuge Complex and under the administrative jurisdiction of an agency 
of the United States other than the Department of the Interior may, 
with the concurrence of the head of the administering agency, be 
transferred without consideration to the Secretary for the purpose of 
this Act.
    (e) Study of Associated Area.--
        (1) In general.--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 in and around the 2 dredge spoil disposal sites that 
    are--
            (A) referred to by the Toledo-Lucas County Port Authority 
        as ``Port Authority Facility Number Three'' and ``Grassy 
        Island'', respectively; and
            (B) located within Toledo Harbor near the mouth of the 
        Maumee River.
        (2) Report.--Not later than 18 months after the date of 
    enactment of the Act, the Secretary shall--
            (A) complete the study under paragraph (1); and
            (B) submit to Congress a report on the results of the 
        study.

SEC. 5. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES.

    The southern boundary of the International Refuge is extended south 
to include additional land and water in the State of Michigan located 
east of Interstate Route 75, extending from the southern boundary of 
Sterling State Park to the Ohio State boundary, as depicted on the map 
referred to in section 4(a)(1).

SEC. 6. ADMINISTRATION.

    (a) Refuge Complex.--
        (1) In general.--The Secretary shall administer all federally 
    owned land, water, and interests in land and water that are located 
    within the boundaries of the Refuge Complex in accordance with--
            (A) the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.); and
            (B) this Act.
        (2) Additional authority.--The Secretary may use such 
    additional statutory authority available to the Secretary for the 
    conservation of fish and wildlife, and the provision of 
    opportunities for fish- and wildlife-dependent recreation, as the 
    Secretary determines to be appropriate to carry out this Act.
    (b) Additional Purposes.--In addition to the purposes of the Refuge 
Complex under other laws, regulations, Executive orders, and 
comprehensive conservation plans, the Refuge Complex shall be managed--
        (1) to strengthen and complement existing resource management, 
    conservation, and education programs and activities at the Refuge 
    Complex in a manner consistent with the primary purposes of the 
    Refuge Complex--
            (A) to provide major resting, feeding, and wintering 
        habitats for migratory birds and other wildlife; and
            (B) to enhance national resource conservation and 
        management in the western basin;
        (2) in partnership with nongovernmental and private 
    organizations and private individuals dedicated to habitat 
    enhancement, to conserve, enhance, and restore the native aquatic 
    and terrestrial community characteristics of the western basin 
    (including associated fish, wildlife, and plant species);
        (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 Canada, conservation organizations, and other non-Federal 
    entities to promote public awareness of the resources of the 
    western basin; and
        (4) to advance the collective goals and priorities that--
            (A) were established in the report entitled ``Great Lakes 
        Strategy 2002--A Plan for the New Millennium'', developed by 
        the United States Policy Committee, comprised of Federal 
        agencies (including the United States Fish and Wildlife 
        Service, the National Oceanic and Atmospheric Administration, 
        the United States Geological Survey, the Forest Service, and 
        the Great Lakes Fishery Commission) and State governments and 
        tribal governments in the Great Lakes basin; and
            (B) include the goals of cooperating to protect and restore 
        the chemical, physical, and biological integrity of the Great 
        Lakes basin ecosystem.
    (c) 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 Complex.
    (d) Cooperative Agreements Regarding Non-Federal Land.--To promote 
public awareness of the resources of the western basin and encourage 
public participation in the conservation of those resources, the 
Secretary may enter into cooperative agreements with the State of Ohio 
or Michigan, any political subdivision of the State, or any person for 
the management, in a manner consistent with this Act, of land that--
        (1) is owned by the State, political subdivision, or person; 
    and
        (2) is located within the boundaries of the Refuge Complex.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are 
necessary--
        (1) to acquire land and water within the Refuge Complex under 
    section 4(c);
        (2) to carry out the study under section 4(e); and
        (3) to develop, operate, and maintain the Refuge Complex.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.