[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 289 Reported in Senate (RS)]






                                                        Calendar No. 67
108th CONGRESS
  1st Session
                                H. R. 289


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 2, 2003

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

                             April 9, 2003

               Reported by Mr. Inhofe, without amendment

_______________________________________________________________________

                                 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.




                                                        Calendar No. 67

108th CONGRESS

  1st Session

                               H. R. 289

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                             April 9, 2003

                       Reported without amendment