    [House Hearing, 107 Congress]
    [From the U.S. Government Publishing Office]

       H.R. 1230, TO ESTABLISH THE DETROIT RIVER INTERNATIONAL WILDLIFE
                        REFUGE IN THE STATE OF MICHIGAN

    =======================================================================

                              LEGISLATIVE HEARING

                                   before the

          SUBCOMMITTEE ON FISHERIES CONSERVATION, WILDLIFE AND OCEANS

                                     of the

                             COMMITTEE ON RESOURCES
                         U.S. HOUSE OF REPRESENTATIVES

                          ONE HUNDRED SEVENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                 June 21, 2001
                                   __________

                               Serial No. 107-44
                                   __________

               Printed for the use of the Committee on Resources

     Available via the World Wide Web: http://www.access.gpo.gov/congress/
                                     house
                                       or
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                        U.S. GOVERNMENT PRINTING OFFICE
                                 WASHINGTON : 2002
    ____________________________________________________________________________
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                             COMMITTEE ON RESOURCES

                        JAMES V. HANSEN, Utah, Chairman
           NICK J. RAHALL II, West Virginia, Ranking Democrat Member

    Don Young, Alaska,                   George Miller, California
      Vice Chairman                      Edward J. Markey, Massachusetts
    W.J. ``Billy'' Tauzin, Louisiana     Dale E. Kildee, Michigan
    Jim Saxton, New Jersey               Peter A. DeFazio, Oregon
    Elton Gallegly, California           Eni F.H. Faleomavaega, American
    John J. Duncan, Jr., Tennessee           Samoa
    Joel Hefley, Colorado                Neil Abercrombie, Hawaii
    Wayne T. Gilchrest, Maryland         Solomon P. Ortiz, Texas
    Ken Calvert, California              Frank Pallone, Jr., New Jersey
    Scott McInnis, Colorado              Calvin M. Dooley, California
    Richard W. Pombo, California         Robert A. Underwood, Guam
    Barbara Cubin, Wyoming               Adam Smith, Washington
    George Radanovich, California        Donna M. Christensen, Virgin
    Walter B. Jones, Jr., North              Islands
        Carolina                         Ron Kind, Wisconsin
    Mac Thornberry, Texas                Jay Inslee, Washington
    Chris Cannon, Utah                   Grace F. Napolitano, California
    John E. Peterson, Pennsylvania       Tom Udall, New Mexico
    Bob Schaffer, Colorado               Mark Udall, Colorado
    Jim Gibbons, Nevada                  Rush D. Holt, New Jersey
    Mark E. Souder, Indiana              James P. McGovern, Massachusetts
    Greg Walden, Oregon                  Anibal Acevedo-Vila, Puerto Rico
    Michael K. Simpson, Idaho            Hilda L. Solis, California
    Thomas G. Tancredo, Colorado         Brad Carson, Oklahoma
    J.D. Hayworth, Arizona               Betty McCollum, Minnesota
    C.L. ``Butch'' Otter, Idaho
    Tom Osborne, Nebraska
    Jeff Flake, Arizona
    Dennis R. Rehberg, Montana

                       Allen D. Freemyer, Chief of Staff
                          Lisa Pittman, Chief Counsel
                        Michael S. Twinchek, Chief Clerk
                     James H. Zoia, Democrat Staff Director
                      Jeff Petrich, Democrat Chief Counsel
                                     ------

           SUBCOMMITTE ON FISHERIES CONSERVATION, WILDLIFE AND OCEANS

                     WAYNE T. GILCHREST, Maryland, Chairman
               ROBERT A. UNDERWOOD, Guam, Ranking Democrat Member

    Don Young, Alaska                    Eni F.H. Faleomavaega, American
    W.J. ``Billy'' Tauzin, Louisiana         Samoa
    Jim Saxton, New Jersey,              Neil Abercrombie, Hawaii
      Vice Chairman                      Solomon P. Ortiz, Texas
    Richard W. Pombo, California         Frank Pallone, Jr., New Jersey
    Walter B. Jones, Jr., North
        Carolina
                                     ------

                                C O N T E N T S

                                  ----------
                                                                       Page

    Hearing held on June 21, 2001....................................     1

    Statement of Members:
        Dingell, Hon. John D., a Representative in Congress from the
          State of Michigan..........................................     2
            Prepared statement of....................................     8
        Gilchrest, Hon. Wayne T., a Representative in Congress from
          the State of Maryland, Prepared statement of...............     1
        Kind, Hon. Ron, a Representative in Congress from the State
          of Wisconsin, Prepared statement of........................     5
        Underwood, Hon. Robert, a Delegate to Congress from Guam,
          Prepared statement of......................................     5

    Statement of Witnesses:
        Ashe, Daniel M., Chief, National Wildlife Refuge System, U.S.
          Department of the Interior.................................    10
            Prepared statement of....................................    13
        Guyer, Dr. Gordon, Chairman of the Board, Pheasants Forever,
          Prepared statement of......................................    35
            Letter submitted for the record..........................    35
        Hartig, Dr. John, Detroit River Navigator, Greater Detroit
          American Heritage River Initiative.........................    15
            Prepared statement of....................................    17
        Jakcsy, John, Regional Manager of Community Relations and
          Communications, Great Lakes Operations, National Steel
          Corporation................................................    19
            Prepared statement of....................................    20
        Nomsen, Dave, Vice President of Government Affairs, Pheasants
          Forever....................................................    34
        Taylor, Helen, State Director, Michigan Chapter, The Nature
          Conservancy................................................    21
            Prepared statement of....................................    23
        Tori, Gildo M., State and Federal Coordinator, Ducks
          Unlimited, Inc.............................................    28
            Prepared statement of....................................    29

    Additional materials supplied:
        Bagale, Edward J., Vice Chancellor for Government Relations,
          The University of Michigan-Dearborn, Statement submitted
          for the record.............................................    46
        Cool, K.L., Director, Department of Natural Resources,
          Lansing, Michigan, Letter submitted for the record.........    49
        Engler, Hon. John, Governor, State of Michigan, Letter
          submitted for the record...................................    50
        Front, Alan, Senior Vice President, The Trust for Public
          Land, Statement submitted for the record...................    47
        Goodheart, Jim, Executive Director, Michigan United
          Conservation Clubs, Memorandum submitted for the record....    51
        Map of Lower Detroit River Ecosystem.........................    52
        Stroh, Peter W., Chairman, Greater Detroit American Heritage
          River Initiative, Letter submitted for the record..........    53
        Whelan, Susan, Member of Parliament, Essex, House of Commons,
          Ottawa, Canada, Letter submitted for the record............    55

    H.R. 1230, TO ESTABLISH THE DETROIT RIVER INTERNATIONAL WILDLIFE REFUGE
                            IN THE STATE OF MICHIGAN

                                  ----------

                            Thursday, June 21, 2001

                         U.S. House of Representatives

          Subcommittee on Fisheries Conservation, Wildlife and Oceans

                             Committee on Resources

                                 Washington, DC

                                  ----------

        The Subcommittee met, pursuant to notice, at 10:07 a.m., in
    Room 1324, Longworth House Office Building, Hon. Wayne T.
    Gilchrest [Chairman of the Subcommittee] presiding.
        Mr. Gilchrest. Good morning, everyone. The hearing of the
    Fish, Wildlife, and Oceans Subcommittee will come to order.
        [The prepared statement of Mr. Gilchrest follows:]

     Statement of The Honorable Wayne T. Gilchrest, Chairman,
          Subcommittee on Fisheries Conservation, Wildlife And Oceans

        Good morning, I am pleased to convene this hearing and I compliment
    the Dean of the House of Representatives, the Honorable John Dingell
    for introducing the Detroit River International Wildlife Refuge
    Establishment Act. This innovative proposal would create the first ever
    international wildlife refuge.
        The Detroit River was formed over 14,000 years ago and it is an
    international waterway that flows through a metropolitan region of over
    five million people. Sadly, the overwhelmingly majority of its wetlands
    have been lost to development.
        Nevertheless, the Detroit River has one of the highest diversities
    of fish and wildlife in all of the Great Lakes. There are more than 29
    species of waterfowl and 65 different kinds of fish found there. In
    addition, it was designated as an American Heritage River in 1998 and
    is pending similar recognition in Canada.
        H.R. 1230 has been co-sponsored by 24 members of the House and it
    has been endorsed by a diverse group of elected officials and various
    organizations including Ducks Unlimited, Michigan United Conservation
    Clubs, Pheasants Forever and the Nature Conservancy.
        I look forward to hearing more about this legislation, how this
    refuge designation will assist in the restoration of wetland habitat,
    the sources of funding to acquire the necessary Refuge lands and how
    section 7, the indemnification provisions will work. I am confident
    that our distinguished witnesses will address these issues in their
    testimony.
        I am now pleased to recognize the distinguished Ranking Minority
    Member for any opening statement he may have on this legislation.
                                     ______

        Mr. Gilchrest. Mr. Dingell, thank you very much for coming
    here this morning. We have read through some of the testimony
    that we will hear from the witnesses, and John, it sounds like
    an extraordinarily wonderful thing that you are embarking upon,
    to create this habitat corridor with connecting refuges in what
    once was a pristine, beautiful area of North America, and with
    your efforts and our help, a piece of that beautiful wildlife
    habitat can be restored.
        Mr. Dingell, I know you have been here in Congress for
    many, many years and your love for the outdoors and its
    resources is well known. What we want to do this morning is
    listen to you tell the story about this idea, and with
    collective cooperation from this great body, the U.S. House of
    Representatives, and our counterparts, who are not always so
    great, on the Senate side, we will make this happen.
        Welcome, Mr. Dingell.

    STATEMENT OF HON. JOHN D. DINGELL, A REPRESENTATIVE IN CONGRESS
                       FROM THE STATE OF MICHIGAN

        Mr. Dingell. Mr. Chairman, you make me feel very good with
    that opening statement. First of all, for the record, my name
    is John Dingell. I represent the Congressional district which
    borders this wonderful area, the east side. The river flows
    approximately north and south. I want to express my thanks to
    you for not only your kind statement, but for convening this
    hearing today, and I want to express my particular thanks to
    Mr. Underwood and to the Committee for your kindness to me.
        We in Michigan love the Detroit River and the Great Lakes
    like you in Maryland love that wonderful body of water, the
    Chesapeake, and we are concerned that we do the things that we
    can to save it and to preserve the values that are there. One
    of the remarkable things about this area is that the values are
    there, and I will address that in just a little bit.
        I would like to mention some of the people who are here
    with me this morning as witnesses, and with the approval of the
    chair, I would ask that they come forward to the witness table
    at this time, if that meets with your approval, Mr. Chairman.
        Mr. Gilchrest. Without objection, Mr. Dingell.
        Mr. Dingell. Mr. Chairman, I would be remiss if I didn't
    mention your extraordinary leadership in the area of
    conservation. All of us owe you a debt for the courage, the
    vision, the effort, and the energy which you have brought to
    this business of conservation and I want to express to you my
    personal gratitude for what it is that you have done.
        I would ask that Helen Taylor of the Nature Conservancy
    come forward; John Jakcsy of National Steel, about whom I will
    mention a little more in just a little bit; Dave Nomsen, who is
    here for Gordon Guyer of Pheasants Forever, one of the great
    national conservation organizations; Gildo Tori of Ducks
    Unlimited; and John Hartig, who is our River Navigator in the
    Heritage River which was set up by the administration. So we
    have here a rather remarkable panel and they are prepared to
    testify. I would note also that Dan Ashe is here, and one of my
    duck hunting friends, John Stinson on behalf of National Steel.
        Mr. Chairman, this is a wonderful area. When you go out
    there, you will find that there are enormous celery beds,
    tremendous habitat. Already, there is a national refuge, the
    Wyandotte Refuge, which is administered by the Shiawassee
    Refuge, which comprises about 300 acres on what is called
    Grassy and Mamajuda Island. Just recently, Mr. Jakcsy and the
    National Steel Company, with the help of Mr. Stinson and others
    in that very fine company, gave the Federal Government and the
    Fish and Wildlife Service about 20 more acres which is also
    prime duck habitat with some superb celery beds, which are
    extremely important to the more than three million ducks and
    geese which go north and south on this river every spring and
    fall.
        I would note that we have sought in every way possible to
    make the task of this Committee easy, because if you will note,
    there is no opposition to this legislation. You will also note,
    Mr. Chairman, that the Canadians are highly supportive, are
    working with us, both to create a Heritage River, and will
    begin their efforts to convert this into an international
    wildlife refuge, something which is of unique value.
        I would note that we have listened very carefully to the
    concerns of the members of this Committee and we do not allow
    compulsory process for the taking of land. Any land which would
    be acquired or interest in land which would be acquired would
    have to be done on a voluntary, free-will basis by the seller
    or donor or whatever it might happen to be.
        I would note to you that every newspaper in the area,
    including the Canadian papers, support this, the Detroit News
    Free Press and the Wyandotte News Herald, which publishes right
    in the middle of the picture which you see there. I would note
    that almost every government of every community in that area
    supports this proposal. That even includes the government of
    Grosse Ile, which is the island right in the middle of the
    river, which has great concerns and which has some rather
    remarkable habitat right there. Also, Riverview and Trenton,
    which are very much concerned with the preservation of small
    remaining bits of shoreline.
        I would observe to you, Mr. Chairman, that it is not
    necessary for there to be huge acquisitions of land or even any
    significant acquisitions of land because that land can be
    acquired either by procuring interests or by executing
    cooperative agreements or cooperative management agreements or
    easements between the Federal Government, again, on a totally
    voluntary basis on the part of the land owner. I would note
    that all major land owners in this area support this, as do the
    chambers of commerce and as does our Governor, our Department
    of Natural Resources, and letters from these people and
    organizations will be submitted.
        The Down River Community Conference, which is an
    organization composed of all of the local units of government,
    also supported by legislature, has indicated support, and the
    Honorable Susan Whelan, M.P., has sent a letter, which we have
    included in the record, which indicates her personal support
    for this, and I am working with both her and Deputy Prime
    Minister Herb Gray in Canada to try to move forward Canadian
    participation, particularly in some very special areas.
        Ducks Unlimited will be able to tell you about the
    remarkable habitats which we have in the Detroit River, both on
    our side of the river and on theirs. I would note to you that
    for an industrial river, this is a remarkable thing. They have
    grown enormous walleye. There are lake sturgeon. This area is a
    remarkable trout stream and also has salmon going up and down
    the river. You should know that when the freighters pass up and
    down the river in November and December, you will see clouds of
    ducks going up, so that if you are standing on the shore, it
    looks like smoke. It is unbelievable, the number of birds that
    are out there, particularly in the celery beds which are there.
        I would anticipate that you will note that there is no
    change of substantive Federal law and no impingement upon State
    law, and we have had a very extensive dialogue both with the
    States and with the local units of government about the fact
    that this constitutes no threat to them nor does it constitute
    threat to the land owners who are on the shore.
        There is some extraordinary habitat out in the river itself
    and the function of the refuge will, in fact, be simply to
    allow a coordinated management of all of this area with the
    full participation of State and local units of government,
    which are extensive land holders down there, including a very
    major hunting area of about 3,000 acres at Pointe Mouillee,
    which is just to the south of the areas that you are looking at
    here, and also some major county and city parks which are there
    right on the shore.
        The establishment of cooperative management arrangements
    between the Federal Government and the different State, local,
    and private interests in the area will afford us an opportunity
    to really realize the fish and wildlife values of these areas,
    both insofar as fish and wildlife are concerned and insofar as
    other value.
        I would note that the Detroit River is, amongst other
    things, a great hunting area. I have shot ducks out there since
    I was a very young man and it is dangerous, but it is great
    fun.
        [Laughter.]
        Mr. Dingell. I would note to you that hunting will be done
    and fishing and trapping and other things, which are always of
    concern to members of this Committee, under Federal law if this
    goes forward, and that has been a very major concern to the
    hunters and fishermen of the area and to the State game and
    fish. I would note that NRA and the Michigan United
    Conservation Clubs are in strong support of this legislation,
    which tends to indicate that there is no threat to the shooters
    and the sportsmen of the country.
        Having said that, Mr. Chairman, if you have some questions,
    I will be delighted to respond. I do want to express my
    personal appreciation to you and to Mr. Underwood and the
    Committee for your kindness to me today. I have tried to
    respond by giving you no problems or troubles with this
    legislation and I have the privilege of also thanking these
    distinguished Americans who are here with us today to give you
    further comments about their interests in this legislation.
        Mr. Gilchrest. Thank you very much, Mr. Dingell.
        I will yield now for a statement and, I guess, any
    questions Mr. Underwood may have. Mr. Dingell, you represent
    the Detroit River. I represent the Chesapeake Bay. Mr.
    Underwood represents the Pacific Ocean. Mr. Underwood?
        Mr. Dingell. And between us, Mr. Chairman, we are going to
    see that those wonderful areas are protected.
        Mr. Gilchrest. Yes, sir.
        Mr. Underwood. Thank you, Mr. Chairman, and I, too, want to
    welcome our esteemed colleague, the Dean of the House, John
    Dingell, to the Subcommittee.
        I am a proud cosponsor of your legislation. I know that
    there may be some minor issues that need to be worked out, but
    I see that you have brought everybody but the Canadians to our
    Subcommittee today, and I would just like to note for the
    record that as dangerous as duck hunting may be for you, it is
    much more dangerous for the ducks.
        [Laughter.]
        Mr. Dingell. I thank you for those kind words.
        Mr. Underwood. I ask unanimous consent to enter my
    statement into the record, as well as a statement of Ron Kind.
        Mr. Gilchrest. Without objection.
        Mr. Underwood. Thank you.
        [The prepared statement of Mr. Underwood follows:]

      Statement of The Honorable Robert Underwood, a Delegate to Congress
                                   from Guam

        Thank you, and good morning, Mr. Chairman. In the interest of time,
    my opening remarks will be brief.
        Allow me first to welcome our esteemed colleague, the Dean of the
    House of Representatives, Congressman John Dingell. I am proud to be a
    co-sponsor of your bill, H.R. 1230, and I look forward to learning more
    about your ideas for enhancing the fish and wildlife habitat of the
    Detroit River.
        Mr. Chairman, I also think it appropriate to recognize Mr. Dingell
    for his life time dedication towards the protection, conservation and
    restoration of our Nation's invaluable fish and wildlife heritage.
        His leadership on the Migratory Bird Commission, his commitment
    towards fulfilling the North American Waterfowl Management Plan, and
    his strong support of the Dingell-Johnson and Pittman-Robertson Sport
    Fish and Wildlife Restoration Programs, are just a few examples of his
    remarkable contributions to conservation.
        Perhaps most important, Mr. Dingell's dedication has meant that
    millions of sportsmen and women will always have unspoiled places to
    fish, to hunt, to hike, or to simply reflect on life, and we are all
    better for it.
        Before settlement by the French in the late 1600's, the Algonquin
    tribes of the Ottawa and Chippewa, and also the Iroquois and the Huron
    tribes, were drawn to the Detroit River for easy transportation. They
    were also drawn to the river to exploit its tremendous natural bounty
    of fish, forests and fur.
        Regrettably, much of what distinguished the Detroit River to Native
    Americans has been lost through subsequent centuries of settlement and
    industrial development. But not all was lost. And like all great
    rivers, the Detroit River has proven to be resilient. It was, after
    all, designated as a American Heritage River in 1998 by President
    Clinton.
        H.R. 1230 provides us with the unique opportunity to expand the
    existing Wyandotte National Wildlife Refuge to create a new
    international wildlife refuge to further restore and enhance the fish
    and wildlife habitats of the lower Detroit River. In my opinion, it is
    an opportunity that this Congress should not pass up.
        I realize that some concerns have been raised about the bill as
    introduced. Yet I am advised that none of these issues are
    insurmountable. In this regard, I look forward to amicably resolving
    these issues, and in moving ahead on this innovative legislation. Thank
    you.
                                     ______

        [The prepared statement of Mr. Kind follows:]

    Statement of The Honorable Ron Kind, a Representative in Congress from
                             the State of Wisconsin

        I want to commend Chairman Gilchrest and Ranking Member Underwood
    for holding this public hearing on legislation to establish a Detroit
    River International Wildlife Refuge. I also wish to congratulate
    Representative John Dingell for introducing this important measure.
        Refuges are needed within the Great Lakes region, and the refuge
    created by this legislation will provide for the protection of vital
    fish and wildlife species. Unfortunately, our nation does a poor job of
    funding these important environmental treasures. As documented by the
    Audubon Society report, entitled Refuges in Crisis, the National
    Wildlife Refuge System is in a state of crisis. In the Audubon report,
    ten refuges, each of which is a major national or international
    conservation priority, are jeopardized by imminent threats.
        In order to improve these refuges, the federal government needs to
    significantly increase its financial commitment. Specifically, I would
    like to bring to the Committee's attention the dire need for increased
    funding for U.S. Fish and Wildlife Service (FWS) programs within Region
    3; a region which encompasses some of the nation's most important
    ecosystems, including the Detroit River, the Great Lakes and the entire
    Upper Mississippi River Basin. The FWS programs within Region 3 are
    vital to the continued diversity and ecological health of these
    systems, which in turn support a vast array of commercial and
    recreational enterprises.
        Sport fishing on the Upper Mississippi River alone provides $175
    million annually to the regional economy. The Upper Mississippi
    National Fish and Wildlife Refuge and the Trempealeau, Mark Twain, and
    Clarence Cannon Refuges in the Upper Mississippi River Basin attract
    more than 4 million visitors annually--more than Yellowstone National
    Park!
        Together with its tributaries, the Upper Mississippi River system
    provides the largest contiguous area of fish and wildlife habitat in
    the central United States. This river system was recognized by Congress
    as a ``nationally significant ecosystem and a nationally significant
    navigation system.''
        As a member of Resources Committee, I hope to work with the
    administration and with our colleagues on the Appropriations Committee
    to find additional resources that are needed for addressing financial
    needs that exist within our nation's refuges. Even within tight budgets
    and the existing operations and maintenance backlogs, it is imperative
    that this nation provides additional funding for the National Wildlife
    Refuge System.
        It is my hope that when discussing the future of the Refuge System,
    the administration and the majority party address the need for
    sufficient and equitable distribution of funds to regional wildlife
    refuges. Equitable distribution of Refuge System funds is important in
    ensuring the future viability of the National Wildlife Refuge System.
        Thank you for your attention to this important matter.
                                     ______

        Mr. Underwood. I have no questions, Mr. Chairman.
        Mr. Dingell. Mr. Chairman, I would also ask that the
    editorials in the papers which we have submitted, together with
    the letters of support, resolutions of State and local units of
    government, be inserted in the record in appropriate fashion.

        [The aforementioned information has been retained in the
    Committee's official files.]

        Mr. Underwood. Let me ask just one question, then, because
    it appears to involve a high level of collaboration and
    cooperation with the Canadians. Perhaps you could explain a
    little bit of the work that you have done and the local
    communities have done with the Canadians to help work this out.
        Mr. Dingell. I would simply observe that our people in the
    Detroit area love that river and they love the lake above Lake
    St. Clair and the lake to the immediate south, which is Lake
    Erie. There are wonderful places for recreation, fish and
    wildlife, and for rebuilding of person after a rather busy
    week. The place is full of boats, full of hunters, full of
    fishermen. All we had to do, really, to let people know about
    this was to tell them what we were trying to do, consult with
    them about what they thought ought to be done, and lo and
    behold, they all came forward, including Mr. Jakcsy and the
    steel company and have already given us the first 20 acres.
        So if you bring the people in and you have the kind of
    folks we do up in our area, including Mr. Hartig, who is the
    navigator, and all of our people from State and local units of
    government, from also the private organizations or some of the
    semi-governmental agencies which we have up there, the result,
    you will always see.
        And I would simply note there that that map there which you
    are seeing tells you why our people are so enthused about it
    and the rich opportunity for, with absolutely minimal
    expenditures, to have a really great program for protecting a
    critical area, and this has been identified by different
    government agencies that have studied it as an area of peculiar
    and special wildlife value.
        Mr. Gilchrest. Thank you, Robert.
        Mr. Dingell, the area shown on the map, I guess what I am
    trying to understand is what exactly will be the wildlife
    refuge, any part of the shoreline on either side of the river
    through the course of this 18 miles?
        Mr. Dingell. Well, maybe if I come over, Mr. Chairman, I
    can kind of point to some of the things that might help with
    the answer to your question. You will note that there are open
    spaces. This is Henopen Marsh, which is actually run by the
    township of Grosse Ile, which is here, a major conservation
    area which the city has gotten from the Federal Government more
    recently. There will be cooperative agreements, I am convinced,
    with regard to those.
        The east side of the river, which flows at this point north
    and south, is American. The west side is--wait a minute, the
    west side is Michigan, the United States. The east side is
    Canada. The land which was given by National Steel is right
    here at the very north end. It is a home for rum runners. They
    even had a chicken farm on there at one time. The owner had to
    abandon it because there were too many shootouts between the
    revenuers and the rum runners.
        This here is Wyandotte National Wildlife Refuge, which is
    administered by the Fish and Wildlife Service and the
    Shiawassee Refuge. It is about 300 acres. This is an area which
    is undergoing redevelopment. It is called Fighting Island.
    There was some bad will between the U.S. and the Canadians in
    the old days. That was a site that was used for years as a dump
    for chemicals that were processed over here near Wyandotte. It
    now is under the process of being redeveloped, and believe it
    or not, there is some great pheasant hunting and some
    absolutely magnificent duck shooting out there.
        If you come on down, there are some islands down here which
    are now in the process of being bought by various groups, most
    of which are establishing Michigan offices so that they can do
    this.
        Here is absolutely a superb duck area. If you ever get a
    chance go, Mr. Chairman, go.
        Not a lot of these lands are, in fact, going to be
    acquired. Most of the negotiations will be in cooperative
    management agreements and easements. There is a major
    generating facility on the U.S. side and they actually are
    maintaining lands now for conservation purposes in that area. A
    similar thing is going on at Solutia.
        So with fairly small, if any, vehicle acquisition, largely
    which, I think, will be probably by donation, we are going to
    see some remarkable fish and wildlife value. Islands like these
    are very unique. They are very small, but the value for
    wildlife is enormous. The government owns no land. It is all
    done by easements, cooperative agreements.
        Mr. Gilchrest. Mr. Dingell, the boundaries of this refuge
    are not what we see on this map, but they are pieces within
    this mapped out area?
        Mr. Dingell. Yes, sir, Mr. Chairman. What you are seeing
    here are a lot of small tracts of land which are connected by a
    lot of very important water, which is full of aquatic feed for
    ducks, celery and things of that kind, which are immensely
    valuable. And some of them, for example, Mud Island, one of my
    old friends used to conduct research shoots out there. I never
    got to go up there.
        Mr. Gilchrest. So most of the development and most of the
    homes will not be within the boundary of the wildlife refuge
    that we see on this map?
        Mr. Dingell. No. Actually, if you look at this, you will
    find, Mr. Chairman, there is very little which defines the
    boundaries. The boundaries under which refuge activities may be
    conducted are defined, but there are no meets and bounds
    definitions or description of the refuge. It just permits
    refuge activities and agreements and that sort of thing, or in
    instances where a voluntary agreement is negotiated between the
    parties and the land owners. There are no specific areas. And
    we do not mess with our Canadian friends, who are they are very
    sensitive on matters of this kind.
        Mr. Gilchrest. Sure. Thank you very much, Mr. Dingell.
        Mr. Dingell. Mr. Chairman, thank you, and I want to thank
    the Committee and I do want to thank my good friends who have
    come here, some at great distance from Michigan to be with the
    Committee and tell you their concerns. Thank you, Mr. Chairman.
        Mr. Gilchrest. Yes, sir.
        [The prepared statement of Mr. Dingell follows:]

        Statement of The Honorable John D. Dingell, a Representative in
                      Congress from the State of Michigan

        Good morning Mr. Chairman and other distinguished Members of the
    Committee. It is an honor and a pleasure for me to join you today to
    testify in support of H.R. 1230, legislation that will create an
    International Wildlife Refuge along the Detroit River in southeast
    Michigan. I thank the Subcommittee and Chairman James Hansen for their
    assistance and for holding this hearing. This legislation is of immense
    importance to the people of southeast Michigan and our neighbors in
    south Ontario.
        Mr. Chairman, I would like to begin by touching on the rich history
    of the Detroit River and noting that this year marks the 300th
    anniversary of the founding of the City of Detroit. It was the Detroit
    River--the vital artery that linked the Great Lakes--which first
    brought the Indians, French, British, and Americans to the Midwest.
    They came because of the rich ecological treasures of the River. Long
    before Detroit became the automobile capital of the world, it was the
    fur trading capital of North America. By the late 19th Century, the
    River transformed Detroit into an industrial hub, and soon after
    Detroit became the ``Motor City.''
        Mr. Chairman, the Lower Detroit River is and has been an area of
    tremendous bio-diversity, with unique geological features and a wide
    variety of plant life that attract numerous species of fish and
    wildlife. Being a duck hunter, I would like to point out that this area
    serves as a prime waterfowl migration corridor. In fact, it is
    estimated that 300,000 diving ducks stop in the River to rest and feed
    in beds of water and celery during their fall migration from Canada.
        The Detroit River is important for outdoor enthusiasts of many
    stripes, including fishermen and boaters. At least 65 species of fish
    live in the Detroit River, including 10 million walleye. More than one
    million pleasure boats are registered in Michigan, and over half of
    them use southeast Michigan waterways including the Detroit River.
        However, like many rivers along the Great Lakes, the Detroit River
    has suffered the consequences of prolonged periods of unsound
    environmental practices. The Detroit River, which has lost over 95% of
    its coastal wetland habitats, has been identified as one of 34
    Waterfowl Habitat Areas of Concern by the Canada-United States North
    American Waterfowl Management Plan.
        Despite increased awareness of the importance of the Detroit River,
    habitats continue to be degraded. There is a great urgency and unique
    opportunity to protect the remaining high quality habitats before they
    are lost to further development and to rehabilitate and enhance
    degraded ones. This is essential to sustain quality of life of those
    living along the Detroit River.
        Efforts to restore the ecology of the Detroit River have been
    underway on both the Canadian and American shores. In 1960, Congress
    created the Wyandotte National Wildlife Refuge, a 304-acre entity that
    sits in the Detroit River. Earlier this year, the Wyandotte Refuge grew
    when National Steel donated Mud Island to the Fish and Wildlife
    Service. Currently, the Trust for Public Land and Nature Conservancy
    are working to acquire and preserve additional pieces of land along the
    Detroit River.
        In 1998, President Clinton designated the Detroit River an American
    Heritage River. I am pleased to report that this summer the Detroit
    River will also receive a Canadian Heritage River designation, making
    it the first international heritage river in the world.
         LIf passed, H.R. 1230 will do the following:
            1. LAuthorize the Secretary of Interior to acquire American
            lands adjacent to the Detroit River for purposes of wildlife
            and habitat protection. This bill grants the Secretary
            flexibility in acquiring land within the boundaries of this
            Refuge. However, I want to emphasize that Section 5 of H.R.
            1230 is intended to prohibit all federal takings from private
            property owners, the State or local governments unless the
            property owner is a willing seller/donor. This means the State
            of Michigan, for example, can approve or disapprove of the
            acquisition by the federal government of any State lands or
            bottomlands.
            2. LManagement of the Refuge. The Refuge will include all land
            from the American side of the River west to Jefferson Avenue.
            The Refuge will run from the northern border of Zug Island to
            the southern border of Sterling State Park. Approximately 5,451
            acres will be included within the boundaries of the Refuge.

              LSection 6 of H.R. 1230 explains how the Refuge will be
            managed. Federal land within the Refuge will be managed by the
            Secretary, as is currently done at the Wyandotte Refuge.
            However, ownership and management of all State, local, and
            privately owned land will be maintained by the current owner
            unless land or interest therein is sold or donated by willing
            sellers or donors to the federal government. Management and
            ownership of the waters of the Detroit River and Lake Erie will
            not be changed by this bill. Furthermore, the current riparian
            rights will be protected and unchanged by passage of H.R. 1230.

              LOwnership of the bottomlands of Lake Erie will remain with
            the State of Michigan. In accordance with current law, no
            activities shall be undertaken on these bottomlands without the
            Secretary obtaining all required State approvals. No additional
            federal permits, licenses, approvals or fees will be required
            for Michigan residents to conduct activities on or adjacent to
            the Detroit River or Lake Erie as a result of H.R. 1230.
            3. LPriority Use of the Refuge. Section 6 (b) explains the
            priority uses of the Refuge. The intent of H.R. 1230 is that
            the Refuge should be used for fish and wildlife oriented
            recreation, including hunting, fishing, trapping and boating.
            The Secretary, pursuant to Section 6 (b), shall ensure that
            these uses are the priority uses of the refuge. State laws
            pertaining to hunting, fishing, trapping and boating should be
            maintained.
            4. LAllow the Secretary of Interior to grant the donors/sellers
            either a permanent conservation easement or negotiate
            cooperative management agreements with landowners living along
            the Detroit River. Section 7 of H.R. 1230 is unique and offers
            potential sellers/donors incentives to transfer land to the
            federal government in exchange for protections against
            liability, so long as their property has met applicable State
            standards regarding pollutants or contaminants and the
            Secretary deems acquisition in the national interest. This will
            encourage owners of land no longer used for industrial purposes
            to trade, sell, or donate property to the refuge rather than
            letting it sit idle.
            5. LAuthorize the Secretary to use any existing authorities to
            complete projects along the Detroit River. H.R. 1230 also
            encourages the State to use ``Greenways'' authority under the
            Transportation Equity Act (TEA-21) to provide funding for
            trails within the Refuge.
            6. LAuthorize the Secretary to spend such sums as may be
            necessary to obtain properties donated to the United States for
            the purpose of adding such lands to the Detroit River
            International Wildlife Refuge.
            7. LAuthorize the President and Secretary of Interior to
            negotiate with Canadian officials to create a Detroit River
            International Wildlife Corridor in the lands adjacent to the
            River, including both American and Canadian lands.
        H.R. 1230 represents a sensible approach to conservation by
    prescribing a formula that balances the need to preserve and protect
    the Detroit River for conservation and recreational use and the need to
    protect property rights. H.R. 1230 will demonstrate how--working as a
    team--federal, state, and local officials in the United States and in
    Canada, can work with businesses, conservationists and citizens to
    create something special, that will improve the quality of life for all
    our citizens.
        H.R. 1230 has been enthusiastically received by the citizens and
    communities of southeast Michigan. Just yesterday, Michigan Governor
    John Engler offered his ``enthusiastic support'' for H.R. 1230. I have
    submitted for the Committee Report his and other relevant letters of
    support from communities, businesses, conservation groups, civic
    organizations, and other elected officials.
        Again, I thank the Committee for inviting me today and also for
    your efforts to give Detroit a lasting birthday present by passing H.R.
    1230. If the Committee has any questions, I would be pleased to answer
    them at this time.
                                     ______

        Mr. Gilchrest. Mr. Dingell, if you would like, have time,
    you are welcome to join us on the dais.
        Mr. Dingell. I would be honored to do that and I would love
    to. I am going to sit down here with my friends with my thanks
    to this Committee.
        Mr. Gilchrest. Yes, sir. Thank you.
        We would ask the next witnesses to join us at the panel,
    Mr. Dan Ashe, Assistant Director for Refuges and Wildlife, U.S.
    Fish and Wildlife Service; Mr. John Hartig, Greater Detroit
    American Heritage River Initiative; Mr. John Jakcsy, National
    Steel, Great Lakes Division; Ms. Helen Taylor, State Director,
    Michigan Chapter of the Nature Conservancy; Mr. Gildo Tori,
    Ducks Unlimited; and Mr. Dave Nomsen, Pheasants Forever, Vice
    President of Government Affairs. I hope there is enough room
    down there, ladies and gentlemen.
        Welcome, everybody. We look forward to your testimony and
    appreciate your efforts in this most worthy endeavor.
        Mr. Ashe, you may begin.

    STATEMENT OF DANIEL M. ASHE, ASSISTANT DIRECTOR FOR REFUGES AND
      WILDLIFE, FISH AND WILDLIFE SERVICE, U.S. DEPARTMENT OF THE
                                INTERIOR

        Mr. Ashe. Thank you, Mr. Chairman. It is good to be here
    again and in front of the Subcommittee. One of these days, we
    are going to have to do that canoe hearing out at Blackwater
    Refuge that you have talked about from time to time. This
    Committee room is a great venue, but that would even be a
    better venue.
        Mr. Gilchrest. I agree with you, Mr. Ashe. We will make a
    note to do that before the end of July.
        Mr. Ashe. There we go.
        I appreciate the chance to provide the administration's
    views on H.R. 1230, authorizing the establishment of the
    Detroit River International Wildlife Refuge. The administration
    believes that implementation of this concept can showcase the
    role of America's National Wildlife Refuge System in promoting
    international environmental cooperation and will support H.R.
    1230 if our concerns regarding potential contaminant liability
    can be addressed.
        The bill creates the Detroit River International Wildlife
    Refuge, essentially expanding the existing Wyandotte National
    Wildlife Refuge to encompass 19 miles and various islands in
    the Detroit River. While we are familiar with the area and its
    wildlife resources due to the presence of the existing refuge,
    we have not engaged in a detailed planning effort for this
    proposal and don't have much of the specific information that
    we will eventually need to make proper management decisions.
        The administration believes in emphasizing the use of a
    wide range of innovative conservation tools beyond traditional
    land acquisition, including conservation easements and
    technical and financial assistance to land owners. We believe
    that this bill will further the use of these innovative
    approaches.
        Although the bill proposes something unique, an
    internationally-oriented wildlife refuge, it is grounded on
    programs with which we have extensive and successful
    experience. One of the chief purposes set forth in the bill is
    to facilitate conservation partnerships among the Service,
    Canada, the national and provincial governments in Canada,
    State and local governments in the United States, local
    communities in the U.S. and Canada, and conservation
    organizations and other non-Federal entities.
        This is not a new experience for either the Fish and
    Wildlife Service or the Refuge System. We have been working
    with Canada for over 10 years in the context of the North
    American Waterfowl Management Plan and with the United States
    through our Partners for Fish and Wildlife Program. These
    programs have been highly successful and our National Wildlife
    Refuges play a major role in both. Therefore, if the bill
    should be enacted, we have a sound operational basis for
    proceeding with these types of partnerships.
        The natural resource values of the Detroit River were well
    articulated by Congressman Dingell, and I will not repeat that
    here. Hunting, fishing, and boating take place throughout the
    area proposed for inclusion in the refuge. On an average day,
    the amount of use can exceed 500 waterfowl hunters, over 400
    anglers, and over 800 pleasure boaters. Compatible hunting and
    fishing are priority public uses within the Refuge System and
    we anticipate that these uses would be enhanced by the
    conservation efforts that this bill authorizes.
        Other public uses, such as photography, interpretation,
    environmental education, and wildlife observation now takes
    place on a very limited basis. However, if the refuge were
    established and trails and other facilities provided, we would
    anticipate that these uses would dramatically increase and that
    up to 1,000 visitors a day could be expected.
        Mr. Chairman, you and the other Subcommittee members are
    well aware of the operations, maintenance, and construction
    needs within the Refuge System. Enactment of H.R. 1230 will
    increase those needs. The administration is committed to
    achieving balance between acquiring new lands and meeting the
    needs for operating and maintaining what we have. The Service
    has made a commitment to link the growth of the Refuge System
    with the costs of management and to consider potential
    operations and maintenance costs when we consider potential
    additions to the system. We will do that in this case.
        We estimate that up to six full-time staff may be required
    to operate and maintain a refuge of the size of the proposed
    Detroit International Wildlife Refuge, with an annual operating
    budget in the neighborhood of $650,000. A refuge located in an
    urban setting with high public use potential, like the one
    proposed in this bill, is also likely to require significant
    capital investment, including administrative facilities,
    parking lots, trails, kiosks, and potentially a visitor's
    center. Added costs for habitat restoration would undoubtedly
    need to be carefully considered when making decisions to
    acquire land or accept donated lands within the proposed
    refuge. We would hope to work with Mr. Dingell and the Detroit
    community to secure significant non-Federal contributions to
    this effort.
        As mentioned initially, we have some concerns about
    contamination associated with this proposal, or contaminated
    areas associated with this proposal. The Detroit River has a
    long history of contaminant-related impairments to beneficial
    uses of its waters, and the longstanding Departmental policy is
    that any proposed acquisition be evaluated for potential
    contaminant problems. Although it is allowable under current
    regulations to acquire contaminated property after appropriate
    reviews and approvals, in reality, it is highly unlikely, and
    if we did now acquire contaminated property, remedies would
    still be available against the prior owner and other
    responsible parties for any necessary cleanup costs.
        Section 7 of H.R. 1230 authorizes the President to accept
    donations of contaminated property if cleaned to applicable
    State standards, and then to indemnify the owner against future
    claims for cleanup costs, thus transferring these costs to the
    taxpayer. While it is difficult to argue against the enactment
    of discretionary authority, we nevertheless believe this
    provision should be removed from the bill.
        We do not believe that we should be creating situations
    where costs for contaminant cleanups could be shifted from
    responsible parties to the American taxpayer. Given that the
    cost to clean and restore contaminated areas could far exceed
    the value of the property, the Service could be subject to
    intense pressure to accept donations and provide the authorized
    waiver of liability. This would leave liability for future,
    perhaps unforeseen, cleanup costs with the Federal Government
    rather than the responsible party.
        Having said all of that, we do believe there is a real
    opportunity for international environmental progress as a
    result of the concepts embodied in H.R. 1230. We would expect
    no less in legislation from Representative Dingell, who has
    done as much or more for the National Wildlife Refuge System
    than anyone in modern times. We hope we can reach a mutually
    acceptable solution to our concerns and work together to enact
    this legislation.
        That concludes my statement and I will be pleased to
    respond to your questions.
        Mr. Gilchrest. Thank you, Mr. Ashe.
        [The prepared statement of Mr. Ashe follows:]

      Statement of Dan Ashe, Chief, National Wildlife Refuge System, U.S.
           Fish and Wildlife Service, U.S. Department of the Interior

        Mr. Chairman, I appreciate this opportunity to provide the
    Administration's views on H.R. 1230, authorizing the establishment of
    the Detroit River International Wildlife Refuge. The Administration
    believes implementation of this concept can showcase the role of
    America's National Wildlife Refuge System in promoting international
    environmental cooperation, and will support H.R. 1230 if our concerns
    regarding potential contaminant liability can be addressed.
        As the establishment of the Detroit International Wildlife Refuge
    has not been considered a priority acquisition by the Service, the
    Service has done no formal planning or evaluation work related to Mr.
    Dingell's proposal, H.R. 1230. The bill expands the existing Wyandotte
    National Wildlife Refuge (NWR) from 460 acres to include land along 19
    miles of the Detroit river and various islands in the Detroit River. So
    while we are generally familiar with the area, we lack vital
    information at this point in time, such as how many acres will be added
    to the refuge boundary and the environmental condition of these lands,
    necessary to resolve concerns we have with the legislation, especially
    related to wetland and shoreline restoration costs.
        In addition to establishing the new refuge boundaries, the bill
    also provides authority for the Secretary to acquire the lands and
    waters within those boundaries not only with appropriated or donated
    funds, but also by donation or exchange. In fact, one of the islands,
    Mud Island, was officially donated to us just last Saturday, and I want
    to publicly thank Congressman Dingell for arranging that donation.
        The Administration believes in emphasizing the use of a wide range
    of innovative conservation tools beyond traditional land acquisition,
    including conservation easements, technical and financial assistance to
    landowners, rehabilitation of existing land holdings, and the purchase
    of development rights. We believe that this bill will further the use
    of innovative tools as well as donations.
        Although this bill proposes something unique - an internationally-
    oriented Wildlife Refuge - it is grounded on programs with which we
    have extensive and successful experience. One of the chief purposes set
    forth in H.R. 1230 for expanding and refocusing the Wyandotte refuge
    is:
            to facilitate partnerships among the 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.
        This is not a new experience for either the Fish and Wildlife
    Service or the Refuge System. We have been doing this with Canada for
    over 10 years with the North American Waterfowl Management Plan, and
    within the United States with our Partners for Fish and Wildlife
    Program, although neither has been focused on the Detroit River. Both
    of these programs have been highly successful, and our National
    Wildlife Refuges play a major role in both.
        The Department believes that the bill will build on this success
    by, among other things, authorizing the Secretary to enter into
    cooperative agreements with non-federal landowners within the newly-
    established refuge boundaries in order to both encourage public
    participation in the conservation of these lands and to help ensure
    that such lands are managed in a manner consistent with the bill's
    requirements.
        Therefore, should the bill be enacted, we have a sound operational
    basis for cooperative conservation efforts, both with the Canadian
    government, and with potential conservation partners among state,
    provincial and local governments, business and community groups on both
    sides of the border.
        The natural resource values of the Detroit River are well
    documented. They include major migratory corridors for waterfowl, and
    other birds. In particular, this area was once one of the most
    significant staging areas for canvasbacks and other diving ducks in the
    United States, and significant concentrations are still found there.
    The Detroit River is internationally renowned for its walleye sport
    fishery, and supports many other species of fish as well. The
    ``Findings'' section of the bill provides considerable detail on
    wildlife resources, and I will not repeat that here.
        Existing public use activities on and around Wyandotte NWR include
    fishing, waterfowl hunting, and pleasure boating. The amount of angler
    use during an average day may range up to 100 people, depending upon
    the availability of specific fish species. Waterfowl hunting that takes
    place on the Refuge can range up to 50 hunters per day.
        These activities also take place throughout the area proposed for
    inclusion into the Detroit River Wildlife Refuge. On an average day for
    the entire area the amount of use for waterfowl hunting can exceed 500
    hunters; fishing, over 400 anglers, and for boating, over 800 pleasure
    boats. Compatible hunting and fishing are priority public uses within
    the Refuge System, and we anticipate that these uses would be enhanced
    by the conservation effort this bill authorizes.
        Other public uses such as photography, interpretation,
    environmental education and wildlife observation now takes place on a
    very limited basis. However, if the refuge were established and trails
    and other facilities provided, we anticipate these uses would
    dramatically increase, and that up to 1,000 visitors could be expected
    each day.
        Mr. Chairman, you and the other Subcommittee Members are well aware
    of the operations, maintenance and construction needs within the Refuge
    System, and enactment of H.R. 1230 will increase those needs. The
    Administration is committed to achieving a better balance between
    acquiring new lands and meeting the needs for operating and maintaining
    what we have. Further, the Administration is examining the Service's
    land acquisition process from a management perspective to ensure long-
    term management and costs are considered in acquisition decisions. The
    Service has made a commitment to link the growth of the refuge system,
    in part, with the costs of management and to consider potential
    operations and maintenance costs when considering potential additions
    to the system.
        While we have a rough estimate of the base operations of a refuge
    roughly the size of a fully operational Detroit International Wildlife
    Refuge, we are especially concerned about the restoration costs for
    this particular area which we do not have an estimate for but we expect
    to be great.
        We estimate that up to six full time staff may be required to fully
    operate and maintain a refuge the size of the proposed Detroit
    International Wildlife Refuge. An annual operating budget to cover
    costs associated with staffing, operation, and maintenance of, a
    similarly sized and situated refuge may be in the neighborhood of
    $650,000. A refuge located in an urban setting with high public use
    potential like the one proposed in H.R. 1230, is also likely to require
    significant capital investment, including administrative facilities,
    parking lots, trails and kiosks and a visitor center.
        These costs do not, however, include costs necessary to restore the
    critical wetlands, shoreline, and other lands that are degraded.
    Because the creation of the Detroit International Wildlife Refuge was
    not included in the Service's Land Acquisition Priority system, we do
    not have an estimate of the costs associated with these activities,
    however, since roughly 95 percent of the Detroit River's original
    wetlands have disappeared and most of the shoreline is now lined with
    steel seawalls, these costs are likely to be quite large.
        Consistent with the Administration's commitment to achieving a
    better balance between acquiring new lands and meeting the needs for
    operating and maintaining what we currently have in the National
    Wildlife Refuge System, these added costs would undoubtedly need to be
    carefully considered when making decisions to acquire or accept donated
    lands within the refuge boundaries if this bill is enacted. We would
    hope to work with Mr. Dingell and the Detroit community to secure
    significant non-Federal contributions towards these costs if the bill
    were enacted.
        We also have concerns with other parts of the bill and look forward
    to working with Representative Dingell and the Committee to address
    these concerns.
        As mentioned initially, we do have substantial contaminant concerns
    associated with this proposal. The Detroit River has a long history of
    contaminant-related impairments to the beneficial uses of its waters.
    This led the International Joint Commission to list the Detroit River
    as one of 43 Areas of Concern in the Great Lakes basin. Within the
    Detroit River watershed there are many Federal CERCLA (Superfund)
    sites, as well as State of Michigan designated sites of contamination.
        Due to long standing sediment contamination in the river system,
    the U.S. Army Corps of Engineers has disposed of contaminated sediments
    derived from maintenance dredging of navigation channels in confined
    disposal facilities (CDF); first at the Grassy Island CDF, which is
    within the Wyandotte NWR, and currently at the CDF at Pointe Mouillee
    State Game Area. Both CDFs fall within the proposed boundaries for the
    Detroit River International Wildlife Refuge. From 1962-1983,
    approximately 3 million cubic yards of contaminated sediments were
    disposed in the Grassy Island CDF. This CDF lacks the confinement
    technology employed in later CDF designs in the Great Lakes, including
    the Pointe Mouillee CDF.
        In the late 1980s, the Service initiated limited studies on Grassy
    Island that documented contamination in sediment and biota that posed a
    health risk to terrestrial wildlife. As a result of these studies, the
    Department of the Interior designated Grassy Island, in 1995, as 1 of 3
    Hazardous Materials Management Demonstration Sites throughout the
    country. Currently, the Service is evaluating the facility with the
    intent of implementing remedial measures and restoration, if necessary.
        The Michigan Department of Environmental Quality has recently
    assessed sediment contamination in the Trenton Channel, a portion of
    the lower Detroit River that has historically been a contaminant
    hotspot. This survey of 84 sampling locations classified bottom
    sediments ranging from not impacted to extremely contaminated, with
    mercury, heavy metals, PCBs, PAHs, and oil and grease being the primary
    contaminants of concern. Sediment contamination was most severe along
    the mainland shoreline, in areas with fine sands and silts. Six major
    areas with an estimated 483,000 cubic yards of contaminated sediment
    were identified as the areas of sediment concern.
        It is long-standing Departmental policy that any proposed
    acquisition be evaluated for possible contaminant problems. Although it
    is allowable under current regulations to acquire contaminated property
    after appropriate reviews and approvals, in reality it is highly
    unlikely we would ever do so. Grassy Island and other contaminated
    areas within the Refuge System were acquired before the current
    practices were instituted. And if we did now acquire contaminated
    property, remedies would still be available against the prior owner and
    other responsible parties for any necessary cleanup.
        However, section 7 of H.R. 1230 allows the President to accept
    donations of contaminated property, if cleaned to applicable State
    standards, and to then indemnify the donor against any future claims
    for cleanup costs, thus transferring these costs to the taxpayers.
        While it is difficult to argue against the enactment of
    discretionary authority, we nevertheless believe this provision should
    be removed from the bill. We do not believe we should be creating
    situations where costs for contaminant cleanups could be shifted from
    responsible parties to the American taxpayer. Given that the costs to
    clean and restore contaminated areas could far exceed the value of the
    property, the Service could be subject to intense pressure to accept
    donations and provide the authorized waiver of liability. This would
    leave the liability for future, perhaps unforeseen, cleanup costs with
    the Federal government rather than the responsible party.
        There is a real opportunity for international environmental
    progress in the concepts embodied H.R. 1230. We would expect no less in
    legislation from Representative Dingell, who has done as much or more
    for the National Wildlife Refuge System as anyone in modern times. We
    hope we can reach a mutually acceptable solution to our concerns and
    work together to secure its enactment. The Administration will support
    H.R. 1230 if section 7 is deleted.
        This concludes my prepared statement. I would be pleased to respond
    to any questions you may have.
                                     ______

        Mr. Gilchrest. Dr. Hartig, you may begin, sir.

     STATEMENT OF JOHN H. HARTIG, RIVER NAVIGATOR, GREATER DETROIT
                   AMERICAN HERITAGE RIVER INITIATIVE

        Mr. Hartig. Thank you, Mr. Chairman, members of the
    Committee. It is a real pleasure and a privilege to be here.
    Again, my name is John Hartig and I am the River Navigator for
    the Greater Detroit American Heritage River Initiative, one of
    14 American Heritage Rivers in the United States and soon to
    become the first International Heritage River System in North
    America, with the Canadian Heritage River designation next
    month.
        Last fall, at the request of Congressman Dingell and Peter
    Stroh, who is the Chairman of the Greater Detroit American
    Heritage River Initiative and who you have written testimony
    from, approached us about bringing together the key players on
    the Canadian and U.S. side of the river, to bring together
    representatives from Ontario Ministry of Natural Resources,
    from Ontario Ministry of Environment, Environment Canada, the
    City of Windsor, Essex Region Conservation Authority, Canada
    Department of Fisheries and Oceans, University of Windsor, and
    equal numbers from the U.S. side, including businesses like
    Solutia, BASF Corporation, DTE Energy, nonprofit organizations
    like Ducks Unlimited, like Friends of Detroit River, and the
    goal of that meeting was to reach agreement on a conservation
    vision for the lower Detroit River ecosystem.
        One of the questions we always get asked in submitting
    grants to do different things is how are you coordinated and
    integrated with Canada? This vision statement is key to keep
    everyone on the same page, to provide clear direction, and
    hopefully will be a catalyst for actions that we all want.
        On the map that Mr. Dingell pointed out to you, on my left
    and to your right, at the top is the vision statement. It says,
    ``In 10 years, the lower Detroit River ecosystem will be an
    international conservation region where health and diversity of
    wildlife and fish are sustained through protection of existing
    significant habitats and rehabilitation of degraded ones and
    where the resulting ecological, recreational, economic,
    educational, and quality of life benefits are sustained for
    present and future generations.''
        You can imagine sometimes where you bring two countries
    together, a process of state and lots of stakeholders. It is
    hard to reach agreement on a clear vision statement and a set
    of principles to guide actions. But in this case, we were very
    fortunate. Everyone was bought in. We now have agreement on
    this conservation vision for the lower Detroit River, and I
    have submitted written testimony and I would ask that that be
    entered into the record, if I could, please.
        Mr. Gilchrest. Without objection.
        Mr. Hartig. Thank you. We have this unique area. It is like
    two funnels. We are the intersection of two major flyways
    coming across North America. The intersection of these two
    funnels comes across our region, and as Congressman Dingell
    said, three to five million waterfowl migrate through the area.
    Three-hundred-thousand diving ducks rest there, a huge fishery.
        This resource base is really important to our economies, as
    well. We just completed Walleye Week in the lower Detroit River
    in April. It brought $1 million into the local economy, and
    they caught the single largest walleye ever caught in the
    Professional Walleye Trail Pro-Am Tournament in the United
    States. We are a national record, 13.2 pounds. We now have bald
    eagles nesting along the Detroit River, the first time in 100
    years on the U.S. side of the Detroit River. We have sturgeon
    natural reproduction in the Detroit River. Native Americans
    used to fish for them. Early Europeans used to have a fishery
    for caviar. We haven't had natural reproduction in over 50
    years. We now have it documented this spring in our Detroit
    River.
        It is an exceptional resource. It means a huge amount to
    our local economies. It is very important to achieving the
    quality of life that everyone wants. The number two industry in
    our State, in our region, is tourism and the Detroit River is
    very important to it.
        As a result of Congressman Dingell and Peter Stroh's
    initiative to get all the lower ends of the pyramid together,
    get agreement on a conservation vision, work very closely with
    Deputy Prime Minister Herb Gray, Member of Parliament Susan
    Whelan, we have agreement on where we want to go. The refuge
    would be a wonderful tool to help us get there. The Greater
    Detroit American Heritage River Initiative strongly supports
    this. Thank you very much.
        Mr. Gilchrest. Thank you, Dr. Hartig.
        [The prepared statement of Mr. Hartig follows:]

            Statement of Dr. John H. Hartig, Detroit River Navigator

        Good morning Mr. Chairman and members of the Subcommittee. I am
    John Hartig, the River Navigator for the Greater Detroit American
    Heritage River Initiative. Thank you for inviting me to testify
    regarding H.R. 1230, Congressman Dingell's bill to provide for the
    establishment of the Detroit River International Wildlife Refuge in the
    State of Michigan.
        In 1998 the President of the United States designated the Detroit
    River an American Heritage River. The Detroit River is one of 14 rivers
    that received this designation. We anticipate it will receive a
    Canadian Heritage River designation later this year, making it the
    first international heritage river system in North America. The purpose
    of the U.S. designation is to coordinate and integrate existing federal
    programs for economic development, environmental stewardship, and
    historic preservation, thereby better serving communities and groups
    protecting the rivers.
        My role is to help communities set priorities and then to partner
    with the federal government to achieve their priorities. I am an
    employee of the U.S. Department of Transportation and support for my
    position comes from the Saint Lawrence Seaway Development Corporation,
    the Federal Highway Administration, and the U.S. Coast Guard--all
    organizations within the Department of Transportation.
        The Greater Detroit American Heritage River Initiative will soon
    release a Conservation Vision for the Lower Detroit River and I wish to
    share the fundamental elements of this vision with you this morning in
    hopes that it will assist you in your consideration of H.R. 1230.
        We understand that a successful conservation vision for the future
    of the Lower Detroit River must spring from its heritage as one of
    North America's greatest rivers. The Detroit River connects the Upper
    and Lower Great Lakes. Further, it links Canadians and Americans, and
    it connects us with both past and future generations still to come. The
    Detroit River is an invaluable, multifaceted resource that serves as
    the foundation of our economies, provides numerous recreational
    opportunities and ecological values, and enhances our quality of life.
    Yet, the River, and the quality of the life it sustains are at risk.
        The Detroit River Remedial Action Plan (RAP) notes that over 95% of
    the historical, coastal wetlands along the river have been lost to
    development. It is urgent that we protect remaining coastal wetlands
    and ecological features before they are lost to further development,
    and we must rehabilitate degraded wetlands and ecological features.
        More that 29 species of waterfowl and 65 kinds of fish make their
    home in the Detroit River. The Detroit River is also a major migration
    corridor for hundreds of fish, butterfly, raptor, neo-tropical bird,
    and waterfowl species. Approximately 150 species of bird nest near the
    river.
        The diversity of biota and habitats in the Lower Detroit River
    provides abundant benefits to the over 5 million area residents. A
    vision based on conservation principles will secure these benefits for
    generations to come.
        The Lower Detroit River has an international reputation for duck
    hunting. In 1991, retail sales related to waterfowl hunting in Michigan
    were estimated at $20.1 million. During the same year, bird watching,
    photography, and other non-consumptive uses of waterfowl contributed an
    additional $192.8 million to Michigan's economy. Similar 1998
    statistics show that spending for hunting and fishing near the City of
    Windsor and Essex County totaled $2.2 million, while an additional
    $14.6 million was spent on non-consumptive activities, including
    naturalist activities.
        Over 870,000 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 million walleye that ascend the Detroit
    River each spring from Lake Erie to spawn. It is estimated that, each
    spring, walleye fishing alone brings in $1 million to communities along
    the lower Detroit River.
        Despite increased public awareness of their importance, fish and
    wildlife habitats in the Lower Detroit River continue to be destroyed
    and degraded. There is a sense of urgency and a unique opportunity to
    protect the remaining high quality habitats before they are lost to
    further development and to rehabilitate and enhance degraded ones. This
    is essential to sustain the quality of life that attracts so many
    people to the Detroit River corridor.
        The time is right for agreement on a conservation vision for the
    Lower Detroit River Ecosystem. This conservation vision for the Lower
    Detroit River Ecosystem will:
         LProvide strategic direction for habitat conservation
    programs in the Lower Detroit River and support linkages with similar
    efforts in tributaries and their watersheds;
         LFurther binational coordination of efforts to conserve
    natural resources in this internationally significant region;
         LProvide the rationale and direction for local
    conservation and land use planning initiatives, and illustrate their
    role in achieving this conservation vision; and
         LCatalyze actions in both Canada and the United States to
    conserve and protect unique habitats and ecological features for the
    benefit of present and future generations.
        Recognizing the importance of the Lower Detroit River Ecosystem in
    sustaining quality of life, the following conservation vision was
    developed to provide strategic direction for management:
            In 10 years the Lower Detroit River Ecosystem will be an
            international conservation region where the health and
            diversity of wildlife and fish are sustained through protection
            of existing significant habitats and rehabilitation of degraded
            ones, and where the resulting ecological, recreational,
            economic, educational, and quality of life benefits are
            sustained for present and future generations.
        This conservation vision is supported by the following elements
    that further define the desired future state of the Lower Detroit
    River:
         LRemaining marshes, coastal wetlands, islands, and natural
    shorelines are protected in perpetuity from development;
         LDegraded marsh, wetland, island, and shoreline habitats
    are rehabilitated, wherever and whenever possible, and protected in
    perpetuity;
         LAn International Wildlife Refuge is established and is
    managed in a partnership consistent with this vision statement;
         LThe environment is clean and safe for all wildlife, fish,
    and other biota, including humans;
         LFish and wildlife communities are healthy, diverse, and
    self-sustaining;
         LLevels of toxic substances do not threaten wildlife,
    fish, or human health;
         LEconomic development and redevelopment is well planned,
    aesthetically pleasing, and environmentally sustainable; and
         LPublic access and recreational and educational uses are
    seen as priorities for achieving quality of life.
        Further discussions are necessary to more fully develop specific
    partnerships and projects that will enable us to achieve this desired
    future state and to ensure that all stakeholder groups participate. As
    much as possible, future actions should capitalize on and even flow out
    of existing initiatives. Examples include the Detroit River Canadian
    Cleanup Committee, the U.S. Remedial Action Plan Team for the Detroit
    River, the Greater Detroit American Heritage River Initiative, and the
    anticipated Canadian Heritage River initiative for the Detroit River.
    The present binational effort to develop delisting criteria for the
    river, such as environmental and natural resource rehabilitation
    targets, should provide good direction for activities.
        Future activities can be broadly organized into two categories. The
    first focuses on habitat protection, whereby existing high quality
    habitats or features are protected before their functions are lost.
    Protection of existing habitats or features is a higher priority than
    rehabilitating degraded ones--although all stakeholders recognize the
    critical importance of rehabilitating degraded habitats along the
    river. Most of the remaining habitats or features are irreplaceable to
    the Lower Detroit River Ecosystem. Their protection is essential if the
    Detroit River is to maintain the significant fish and wildlife values
    it possesses. Another priority is to rehabilitate areas in accordance
    with the recommendations for the Biodiversity Conservation Strategy for
    the Essex Region and the habitat inventory recently completed for the
    U.S. side of the river by the U.S. Geological Survey-Great Lakes
    Science Center.
        The achievement of this conservation vision will require that
    people on both sides of the Detroit River recognize that ecosystem
    integrity is the foundation for healthy economies and communities. All
    stakeholders are encouraged to champion binational and regional
    cooperation, and practice stewardship. New partnerships for monitoring
    will be essential to measure and celebrate progress. Use of
    geographical information system and World Wide Web technologies will
    provide essential information and powerful analytical tools to help
    stakeholders make more informed decisions. Innovative education and
    outreach programs will be necessary for municipalities, businesses, and
    citizens to understand their important roles and their individual
    responsibilities in achieving this conservation vision.
        We now have binational agreement on this Conservation Vision for
    the Lower Detroit River Ecosystem. The proposed Detroit River
    International Wildlife Refuge has come out of the cooperative, Canada-
    United States efforts to reach agreement on the Conservation Vision.
    There is broad-based support amongst all levels of government,
    businesses, nongovernmental organizations, and concerned citizens for
    the creation of a Detroit River International Wildlife Refuge. Owners
    would manage many coastal habitats within the proposed refuge
    voluntarily. For example, businesses and local units of government
    could voluntarily manage upland and aquatic habitats on their property
    in support of refuge goals. Some lands may be donated, like the recent
    donation of Mud Island by National Steel Corporation to the U.S. Fish
    and Wildlife Service. Some key islands have been acquired for
    conservation and recreation purposes like Stoney Island. This island
    has been acquired by Michigan Natural Resource Trust Fund dollars.
    Existing federal and state programs would be used to conserve and
    rehabilitate key habitats. For example, Hennepin March is proposed to
    be rehabilitated using Water Resources Development Act funding. Calf
    Island is proposed to be purchased for conservation and recreation
    purposes using North American Wetlands Conservation Act funding. It is
    proposed that a variety of governmental, nongovernmental, and business
    programs, such as the Wildlife Habitat Council, will be used to achieve
    the goals of the Detroit River International Wildlife Refuge.
        The Detroit River is part of one of 20 Biodiversity Investment
    Areas identified by Environment Canada and the U.S. Environmental
    Protection Agency through their State of the Lakes Ecosystem
    Conferences. Detroit River biodiversity includes 65 species of fish and
    29 species of waterfowl. Detroit Audubon Society has identified 300
    species of birds in the Detroit-Windsor area. In further recognition of
    this unique biodiversity, the Canada-United States North American
    Waterfowl Management Plan has identified the Detroit River as part of
    one of 34 Waterfowl Habitat Areas of Major Concern in the United States
    and Canada, and the Western Hemispheric Shorebird Reserve Network has
    declared the marshes along the Lower Detroit River and Northwest Ohio
    as part of a Regional Shorebird Reserve. Again, there is strong multi-
    stakeholder support for the creation of the Detroit River International
    Wildlife Refuge. It will further U.S. and Canadian joint efforts to
    conserve key ecological features that provide the foundation for our
    economies and sustain our quality of life.
                                     ______

        Mr. Gilchrest. Mr. Jakcsy?

     STATEMENT OF JOHN JAKCSY, NATIONAL STEEL, GREAT LAKES DIVISION

        Mr. Jakcsy. Mr. Chairman and members of the Committee, it
    is a privilege and an honor for me to address you this morning.
    My name is John Jakcsy. I am the Regional Manager of
    Communications and Community Relations for National Steel's
    Great Lakes Operations, which is located in Ecorse, Michigan. I
    have been involved in public affairs activities for National
    Steel for nearly 24 years in the Detroit area.
        In the community, I presently serve as Chairman of the
    Board of the Southern Wayne County Chamber of Commerce and
    represent National Steel on the Down River Detroit Waterfront
    Revitalization Task Force, the Greater Detroit American
    Heritage River Initiative, and the City of Ecorse Community
    Enhancement Program. I am a lifelong resident of Wayne County.
    Through these experiences, I have gained much firsthand
    knowledge about the Detroit River and its value to our region.
        With more than five miles of riverfront property, National
    Steel Corporation is a major landowner along the Detroit River.
    The Detroit River plays a vital role to National Steel and its
    employees. The river serves as a major strategic link to
    transport raw materials used in the making of steel. It
    provides other important functions necessary to the operations
    of our company. For our employees, the river serves as a
    resource for recreational activities, such as boating, fishing,
    hunting, photography, and other leisure interests.
        National Steel values the river and its many uses. Our
    environmental stewardship of the river is an important part of
    our corporate culture. We have completed major projects and
    made significant investment to protect and enhance the quality
    of Detroit River water. These efforts include investment for
    water purification, soft shore engineering projects, and the
    establishment of wildlife habitat.
        Recently, on June 15, 2001, National Steel donated its 21-
    acre Mud Island property, located in the Detroit River in the
    City of Ecorse, to the United States Fish and Wildlife Service.
    Mud Island lies within a significant staging area for migratory
    birds and fish. The island is a haven for wildlife, trees,
    bushes, and grasses. It will become a part of the Wyandotte
    National Wildlife Refuge.
        Unfortunately, significant loss of coastal wetlands habitat
    on the Detroit River ecosystem has occurred over many years.
    The need to protect remaining habitat and to restore other
    wetlands is clear. The best way to assure this objective is met
    is to create refuges that will provide wildlife protection for
    years to come. This is a main reason why National Steel donated
    Mud Island to become a part of the Wyandotte National Wildlife
    Refuge.
        Under H.R. 1230, Mud Island will become a part of the
    Detroit River International Wildlife Refuge. H.R. 1230 provides
    an effective strategy for preserving wildlife habitat of this
    island and the many other islands, shoals, and channels along
    the lower Detroit River. H.R. 1230 offers a sensible approach
    to land preservation. It recognizes the historical and
    ecological balance of a working and recreational river. It does
    not threaten the rights of private landowners.
        We believe that through the cooperative efforts of National
    Steel, the Down River Waterfront Task Force, the Greater
    Detroit American Heritage Initiative, and many other business
    and civic organizations, great progress is being made to
    protect and restore wildlife habitat of the Detroit River.
    Passage of H.R. 1230 will enhance these efforts.
        The creation of the first international wildlife refuge of
    this sort will be an important mechanism for the vision of
    conservation, restoration, and management of fish and wildlife
    habitat in the United States and Canada. It is an important
    step in preserving Detroit River ecology for generations to
    come. We applaud Congressman John Dingell for introducing this
    legislation and give our support to it.
        Mr. Gilchrest. Thank you very much, Mr. Jakcsy.
        [The prepared statement of Mr. Jakcsy follows:]

     Statement of John Jakcsy, Regional Manager of Community Relations and
      Communications, National Steel Corporation's Great Lakes Operations

        My name is John Jakcsy. I am the Regional Manager of Community
    Relations and Communications for National Steel Corporation's Great
    Lakes Operations located in Ecorse, Michigan. I have been involved in
    public affairs activities for National Steel for nearly 24 years in the
    Detroit area.
        In the community, I currently serve as Chairman of the Board of the
    Southern Wayne County Chamber of Commerce (1,100 members) and represent
    National Steel on the Downriver Detroit Waterfront Revitalization Task
    Force, the Greater Detroit American Heritage River Initiative and the
    City of Ecorse Community Enhancement Program. I am a lifelong resident
    of Wayne County, Michigan.
        Through these experiences, I've gained much first hand knowledge
    about the Detroit River and its value to our region.
        With more than five miles of riverfront property, National Steel
    Corporation is a major land owner along the Detroit River. The Detroit
    River plays a vital role to National Steel and its employees. The River
    serves as a major strategic link to transport raw materials used in the
    making of steel. It provides other important functions necessary to the
    operations of our company. For our employees, the River serves as a
    resource for recreational activities such as boating, fishing, hunting,
    photography and other leisure interests.
        National Steel values the River and it's many uses. Our
    environmental stewardship of the River is an important part of our
    corporate culture. We have completed major projects and made
    significant investment to protect and enhance the quality of Detroit
    River water. These efforts include investment for water purification,
    soft shore engineering projects and the establishment of wildlife
    habitat.
        Recently, on June 15, 2001, National Steel donated its 21-acre Mud
    Island property, located in the Detroit River in Ecorse, to the U.S.
    Fish and Wildlife Service. Mud Island lies within a significant staging
    area for migratory birds and fish. The island is a haven for wildlife,
    trees, bushes and grasses. It will become a part of the Wyandotte
    National Wildlife Refuge.
        Unfortunately, significant loss of coastal wetlands habitat on the
    Detroit River ecosystem has occurred over many years. The need to
    protect remaining habitat and to restore other wetlands is clear. The
    best way to assure that this objective is met is to create refuges that
    will provide wildlife protection for generations to come. This is a
    main reason why National Steel donated Mud Island to become part of the
    Wyandotte National Wildlife Refuge.
        Under H.R. 1230, Mud Island will become a part of the Detroit River
    International Wildlife Refuge. H.R. 1230 provides an effective strategy
    for preserving wildlife habitat of this island and the many other
    islands, shoals and channels along the lower Detroit River.
        H.R. 1230 offers a sensible approach to land preservation. It
    recognizes the historical and ecological balance of a working and
    recreational river. It does not threaten the rights of private
    landowners.
        We believe that through the cooperative efforts of National Steel,
    the Downriver Waterfront Task Force, the Greater Detroit American
    Heritage Initiative and many other business and civic organizations,
    great progress is being made to protect and restore wildlife habitat of
    the Detroit River. Passage of H.R. 1230 will enhance these efforts.
        The creation of the first international wildlife refuge of this
    sort will be an important mechanism for the vision of conservation,
    restoration and management of fish and wildlife habitat in the United
    States and Canada. It is an important step in preserving Detroit River
    ecology for generations to come.
        We applaud Congressman John Dingell for introducing this
    legislation and give our support to it.
                                     ______

        Mr. Gilchrest. Ms. Helen Taylor?

     STATEMENT OF HELEN TAYLOR, STATE DIRECTOR, MICHIGAN CHAPTER,
                         THE NATURE CONSERVANCY

        Ms. Taylor. Thank you, Mr. Chairman and members of the
    Subcommittee. My name is Helen Taylor and I am the State
    Director of the Michigan Chapter of The Nature Conservancy, and
    on behalf of 34,000 members of the Michigan Chapter, I am
    delighted to be here to testify in support of Congressman
    Dingell's H.R. 1230, to establish the Detroit River
    International Wildlife Refuge.
        For those of you who aren't familiar with The Nature
    Conservancy, we are a nonprofit private conservation
    organization. We are the largest in the U.S. and we have over a
    million members and over 3,000 staff scattered throughout 50
    States and 28 countries. Our mission is the protection of the
    plants and animals and natural communities that make up the
    diversity of life, so we are biodiversity focused and we do
    that through protecting the lands and waters that these
    creatures and plants and things need to survive.
        We have been around for 50 years. We have protected over 12
    million acres in the U.S. and over 80 million acres overseas.
    We are probably best known for our objective and scientific
    science-based approach to our conservation action, as well as
    our collaborative non-confrontational style. Because of that
    non-confrontational style, you may not hear from us that often,
    so you know that when we do step forward to say something, you
    can be sure that it is important and that it is coming from our
    science work that we think that this is a very important issue.
        In 1996, we started an effort to scientifically analyze and
    identify and prioritize the most important places for
    biodiversity in the Great Lakes ecoregion, and we are doing
    that in 64 ecoregions throughout the U.S. and in all the
    countries that were active.
        This ecoregion that you can see on this map here in the tan
    is defined by climate and physical land formation, which are
    the things that we think most influence where creatures and
    critters and plants live, and in that context, we took two-and-
    a-half years, involved 140 different partners, scientists,
    institutions. This was a big deal. We identified over 400
    places in the Great Lakes ecosystem that are the most critical
    places to protect from here on out, and it is our blueprint for
    action in the Great Lakes. And lo and behold, as you can see,
    the Detroit River corridor emerged in that process and that is
    why I am here today.
        This next map blows that up a little bit bigger. The
    Detroit River corridor, as you have heard from my colleagues,
    emerged for a number of different reasons, but primarily we are
    very interested in protecting those coastal marshes and
    wetlands for the protection of the neotropical migratory birds
    and waterfowl that use this corridor. You know tropical
    migratory birds is a fancy term for those little critters that
    take that long journey from as far away as South America all
    the way to North America. And so it becomes much more of an
    international issue than Canada and the U.S. It is
    international in a very global sense.
        In addition, there are freshwater mussel species that are
    very important, 65 species of fish that live there, butterflies
    that use this as a migratory route. It is critical in many,
    many ways.
        Probably one of the most stirring examples of its
    biological richness is the lake sturgeon that was mentioned
    before. This is the largest species of fish in the Great Lakes.
    It grows to be as old as 100 to 150 years old, and this armor-
    plated creature has existed actually in North American waters
    for millions of years. There are 20 States that historically
    have had the lake sturgeon in their waters, and 19 of them,
    including Michigan, identify it as a threatened species. It is
    essentially a very, very important part of the equation in the
    protection of the entire Great Lakes ecoregion.
        Now, I am going to give you--you might wonder, if we
    identified 400 areas that are important for the protection of
    biodiversity in the Great Lakes, okay, so what is the big deal
    if we lose one of them? Why pay attention to this piece? I am
    going to give you an analogy, and I think it is an appropriate
    analogy given that we are talking about Detroit, the auto
    making capital of the world.
        Imagine your car out in your driveway, and every morning,
    you go out and you lift the hood and you take a part out, maybe
    just a nut, maybe just a bolt, maybe a wire, something small.
    And if every day you do that, your vehicle probably would work
    for a while, and in fact, it may work very well for quite a
    while, but eventually, it would stop working.
        Think about nature in the same way. This ecosystem is a
    vast tapestry of threads and interconnected life cycles and
    functions and processes in a delicate balance and we do not
    want to tinker with nature. We do not know which part is the
    part or combination of parts that is going to render it
    inoperative.
        And so when you think of that analogy, you want to think
    about protecting every piece of that puzzle and that equation,
    and the Detroit River corridor has emerged as a very critical
    piece of that picture.
        Population growth and development at a remarkable level has
    still not kept the Detroit River corridor from maintaining a
    biological richness, and the lands and waters, the life that
    exists beneath the surface of the water and in the air and in
    the land in this area does not recognize government boundaries
    and jurisdictions, but the people in the Great Lakes ecoregion
    do. Individuals and organizations and institutions have worked
    in the context of the Great Lakes ecosystem for years, and H.R.
    1230 represents an outstanding opportunity to continue that
    international collaboration.
        The Nature Conservancy respectfully requests that the
    Committee support H.R. 1230 and enable us to protect these 18
    miles of rich biological landscape. Thank you, Mr. Chairman.
    That concludes my remarks.
        Mr. Gilchrest. Ms. Taylor, you did not disappoint us. You
    waxed most eloquently and poetically--
        [Laughter.]
        Mr. Gilchrest. --and the metaphors will be remembered for
    some time to come. Mr. Underwood says you have a degree in
    philosophy. Thank you very much.
        [The prepared statement of Ms. Taylor follows:]

    Statement of Helen Taylor, State Director, Michigan Chapter, The Nature
                                  Conservancy

        Mr. Chairman and members of the Subcommittee, I appreciate this
    opportunity to present The Nature Conservancy's testimony in support of
    H.R. 1230, legislation to create an international wildlife refuge along
    the lower Detroit River.
    Introduction and Background
        The Nature Conservancy is an international, non-profit organization
    dedicated to the conservation of biological diversity. Our mission is
    to preserve the plants, animals and natural communities that represent
    the diversity of life on Earth by protecting the lands and waters they
    need to survive. The Conservancy has more than 1,000,000 individual
    members and 1,900 corporate associates. We currently have programs in
    all 50 states and in 28 foreign countries. To date we have protected
    more than 11 million acres in the 50 states and Canada, and have helped
    local partner organizations preserve 80 million acres overseas. The
    Conservancy owns and manages 1,600 preserves throughout the United
    States--the largest private system of nature sanctuaries in the world.
    Sound science and strong partnerships with public and private
    landowners to achieve tangible and lasting results characterize our
    conservation programs.
    Protecting biodiversity in the Great Lakes Region
        In 1996, The Nature Conservancy launched a collaborative initiative
    to identify high priority biodiversity conservation sites throughout
    the Great Lakes region. The Conservancy oriented its work based on
    ecoregions--large areas defined by the influences of shared climate and
    geology, the main factors that determine broad-scale distribution of
    plants and animals. The Great Lakes ecoregion--which includes major
    portions of Canada and the United States--is one of 64 ecologically
    distinct regions of the continental United States. For each of these
    ecoregions, the Conservancy is developing a detailed plan that
    identifies the places that need to be protected to conserve native
    biodiversity for the long term.
        The Great Lakes ecoregional plan, in essence, provides a blueprint
    for protecting the native species, natural communities and aquatic
    systems characteristic of the Great Lakes region. Through this
    systematic approach to prioritize conservation action, we are creating
    a comprehensive vision for Great Lakes conservation that addresses the
    full range of biological diversity.
    The Ecological Importance of the Detroit River-Lake St. Clair Ecosystem
        The coastal marshes and islands of the lower Detroit River emerged
    as a critically important conservation opportunity in the Nature
    Conservancy's science-based ecoregional plan for the Great Lakes
    region.
        The Detroit River plays a crucial role in the Great Lakes
    ecosystem. Despite considerable population growth and development, the
    Detroit River's coastal wetlands and waterway continue to offer
    critical habitat for numerous species of Great Lakes fish and wildlife.
    The area is recognized as being an important migratory corridor for
    neotropical migrating birds and waterfowl.
        Other institutions have identified the Detroit River-Lake St. Clair
    ecosystem as a key area of biodiversity. For example, in 1998 the
    United States Environmental Protection Agency and Environment Canada
    hosted a bilateral ``State of the Lakes Ecosystem Conference'' that
    identified 20 areas in the Great Lakes region recognized as having
    ``exceptionally high ecological values which warrant exceptional
    attention to protect them from degradation.'' The conference identified
    the 20 areas requiring ``exceptional attention'' as ``Biodiversity
    Investment Areas.'' The Detroit River-Lake St. Clair ecosystem was
    identified as one of those 20 Biodiversity Investment Areas based on:
         LIts high levels of avian, aquatic, and botanical
    diversity;
         LThe presence of rare and threatened species; and
         LIts role as an important migration corridor.
    Freshwater Biodiversity in the Detroit River
        Though we are a nation devoted to the beauty and recreational
    values of our streams, creeks, and rivers, few of us realize that the
    diversity of life in freshwater systems in the U.S. is exceptional,
    even when compared with the tropics. However, two centuries of land-use
    alterations, dam construction, introductions of non-native species,
    pollution, and water withdrawals have lead to the accelerated and, in
    many cases, irreparable losses of freshwater species.
        In a 1998 publication entitled Rivers of Life, The Nature
    Conservancy identified several groups of freshwater species in
    particular peril, including:
         L40 percent of freshwater fishes and amphibians are at
    risk;
         LTwo-thirds of freshwater mussel species are at risk of
    extinction; almost 1 in 10 may already have vanished forever.
        The rivers of the Great Lakes ecoregion support numerous rare,
    threatened or endangered aquatic species. Several rare species of
    native freshwater mussels and more than 65 species of fish live in the
    waters of the Detroit River. As the findings in Rivers of Life
    indicate, freshwater mussels are some of the most imperiled species in
    the U.S. Unfortunately, the rare mussels in the Detroit River may not
    be viable, in part due to the introduction of non-native zebra mussels.
        Perhaps the most stirring example of the river's biological
    richness is the presence of lake sturgeon. The lake sturgeon's historic
    range in the U. S. includes the waters of 20 states, 19 of which list
    it as a threatened species, including Michigan. In addition, the U.S.
    Fish and Wildlife lists lake sturgeon as a species of special concern.
        The lake sturgeon is the largest species of fish in the Great Lakes
    ecosystem, and sport fishers in the United States and Canada frequently
    encounter lake sturgeon in the Detroit River. These primitive, armor-
    plated fish can attain ages of 100 to 150 years, and grow to impressive
    lengths. Though freshwater sturgeon first appeared in North American
    waters some 400 million years ago, during the Devonian Age (or Age of
    Fishes), much of their basic ecology, life history, and population
    dynamics in the Great Lakes remains unknown. However, seven historical
    spawning sites have been identified in the Detroit River.
    The Detroit River is a Major Corridor for Migrating Birds
        It has long been recognized that the Detroit River-Lake St. Clair
    ecosystem plays an important role in seasonal migration for a number of
    avian species:
         LThe river is an ecoregionally important stopover for site
    for hundreds of species of landbirds, shorebirds, and raptors; and,
         LThe river's remaining coastal marshes are especially
    important for waterfowl, providing shelter and food for more than three
    million migrating waterfowl each year and 29 different species.
        Among vulnerable species, birds are an especially important focus
    for the Nature Conservancy's Great Lakes ecoregional plan because their
    distribution, relative abundance, and habitat requirements are
    comparatively well known. Nature Conservancy scientists therefore have
    been working in the Great Lakes region to identify breeding locations
    for birds of conservation concern, and to ascertain the important
    stopover and wintering sites for landbirds, raptors, shorebirds, and
    waterbirds.
        Of the approximately 80 stopover sites named as important bird
    areas, most are concentrated along the shore of the Great Lakes. The
    Great Lakes ecoregion, along with ecoregions along the Gulf Coast, the
    northern Atlantic coast, and the Pacific coast, may support some of the
    highest concentrations of stopover sites on the continent.
    An International Approach
        To prevent degradation of this rich biological resource, government
    agencies in the U.S. and Canada, conservation groups, and citizen's
    groups are working together to protect the Detroit River's rare and
    endemic species and natural communities.
        The proposed Detroit River International Wildlife Refuge is an
    outstanding example of diverse interests working together in
    partnership for the common good of all. The proposed refuge would
    protect over 18 miles of land, islands, and other natural features
    along the Detroit River, including many areas of biologically
    significance that the Conservancy has targeted for the focus of our
    work.
        The proposed Detroit River International Wildlife Refuge represents
    an outstanding opportunity to protect some of the richest areas in the
    Great Lakes via a remarkable international partnership. The Nature
    Conservancy requests Committee support of H.R. 1230.
        Thank you for your attention. I would be happy to answer any
    questions you may have.
                                     ______

        [Attachments to Ms. Taylor's statement follow:]
        [GRAPHIC] [TIFF OMITTED] T3261.008

        [GRAPHIC] [TIFF OMITTED] T3261.009

        Mr. Gilchrest. Mr. Tori, we expect no less from you, sir.
        Mr. Tori. Well, I won't do any Italian opera singing, that
    is for sure.
        [Laughter.]

           STATEMENT OF GILDO M. TORI, DUCKS UNLIMITED, INC.

        Mr. Tori. Mr. Chairman and members of the Subcommittee, it
    is a pleasure to be here this morning. My name is Gildo Tori
    and I am the State and Federal Coordinator for Ducks
    Unlimited's Great Lakes Atlantic Regional Office in Ann Arbor,
    Michigan. I am a professional certified wildlife biologist and
    have training and experience in wetlands and waterfowl
    conservation. I have worked with DU since 1997, and before that
    worked 15 years with the Ohio Division of Wildlife as a
    wetlands and waterfowl ecologist.
        DU appreciates the opportunity to speak to you today about
    the concepts embodied in H.R. 1230, the Detroit River
    International Wildlife Refuge Establishment Act. Ducks
    Unlimited supports the establishment of the Detroit River
    International Wildlife Refuge for the following four reasons.
        First, this refuge would expand upon the existing Wyandotte
    National Wildlife Refuge and provide a more secure anchor for
    conservation efforts in this region.
        Two, the new refuge would provide a unique opportunity for
    international cooperation between the U.S. and Canada
    government and nongovernmental partners to protect and restore
    this international treasure.
        Third, the synergy provided by this refuge would aid and
    assist private nonprofit conservation groups to increase
    conservation efforts in this region.
        And four, this refuge would protect the last remaining
    wetlands and water bodies in this important region for the
    benefit of our wildlife resources and for citizens on both
    sides of the border.
        As mentioned before, the Detroit River, Lake St. Clair, and
    the southwestern Lake Erie and adjacent wetlands are historical
    and critical habitats for migratory birds. Dr. John Hartig gave
    you the view of it being a funnel for the two major flyways in
    North America, the Mississippi and the Atlantic flyway, and we
    have documented anywhere from three to five million waterfowl
    using this area during spring and fall migration, and also
    approximately 29 species of waterfowl.
        So it is a critical and important place for waterfowl, but
    Ducks Unlimited is concerned about more than just ducks, I
    guess if you want to say. We are also concerned about the other
    species that use this area, and there have been over 300 bird
    species documented in the Detroit Windsor area and over 150 of
    those breed in the region. So it critically important, not just
    for ducks but for many species of wildlife.
        Unfortunately, only 3 percent of the original wetlands
    along the U.S. side of the border remain and about 1 percent of
    the shoreline is not armored with steel or concrete, so it has
    been highly impacted by human development. Yet in spite of
    these developments and alterations, the Detroit River continues
    to provide good habitat for migratory birds.
        As mentioned earlier, too, the wild celery is a critical
    component of the Detroit River and it is increasingly coming
    back and the birds are coming back. In fact, this morning as I
    flew here and flew right over the Detroit River, you could see
    the wild celery coming back, and as Helen mentioned, that is
    critical to have the plants support the wildlife population.
        The Detroit River and surrounding water areas have also
    been listed as key areas for several organizations. It is a
    high priority region for Ducks Unlimited and our continental
    conservation plan. It is one of 34 special focus areas under
    the North American Waterfowl Management Plan. It is now part of
    the Western Hemisphere Shorebird Reserve Network. And the
    Canadian side is also part of the Eastern Habitat Joint Venture
    of the North American Waterfowl Management Plan, and our sister
    organization, Ducks Unlimited, has been working on this side of
    the river and is very excited about the potential for the
    international wildlife refuge and stands ready to support our
    efforts here.
        Protection and restoration of habitat for fish and wildlife
    in Michigan waters of this waterway is a high priority for all
    of these agencies and for many nongovernmental organizations.
    Currently, there is a newly established partnership of 19
    different groups and organizations that support the wetland
    restoration and protection in the region, and that highlights
    the importance of the area but it also says that there are a
    lot of folks out there that support this locally and are
    willing to stand with the Fish and Wildlife Service and other
    organizations to do their work and do their share.
        In conclusion, Ducks Unlimited is here today to pledge our
    support to you and this Congress as you continue your excellent
    efforts to protect our country's natural heritage. We urge you
    to pursue the development of the Detroit River International
    Wildlife Refuge for the benefit of the citizens of this country
    and also of our friends in Canada and for the benefit of fish
    and wildlife in the Great Lakes ecosystem. Thank you very much.
        Mr. Gilchrest. Thank you, Mr. Tori.
        [The prepared statement of Mr. Tori follows:]

               Statement of Gildo M. Tori, Ducks Unlimited, Inc.

        Mr. Chairman, members of the subcommittee, my name is Gildo M.
    Tori. I am the State and Federal Coordinator for Ducks Unlimited Inc.'s
    (DU) Great Lakes/Atlantic Regional Office in Ann Arbor, Michigan. I am
    a professional certified wildlife biologist with training and
    experience in wetlands and waterfowl ecology. I have worked for DU
    since 1997, before which I worked for the Ohio Division of Wildlife for
    15 years as a wetlands ecologist.
        Ducks Unlimited, Inc. was founded in 1937 by concerned and
    farsighted sportsmen and conservationists. It has grown from a handful
    of people to an organization of more than 1,000,000 supporters who now
    make up the largest wetlands and waterfowl conservation organization in
    the world. DU has conserved more than 9 million acres of wildlife
    habitat in the U.S., Canada and Mexico. DU prides itself on its work
    with private landowners and our many partnerships with federal, state,
    and local governments and non-governmental organizations.
        DU appreciates the opportunity to speak to you today regarding
    concepts embodied in H.R. 1230, the Detroit River International
    Wildlife Refuge Establishment Act. Ducks Unlimited supports the
    establishment of the Detroit River International Wildlife Refuge for
    the following reasons: 1. This refuge would expand upon the existing
    Wyandotte Refuge, and provide a more secure anchor for conservation
    efforts in the region, 2. The new refuge would provide a unique
    opportunity for international cooperation between the U.S. and Canada
    among governmental and non-governmental partners to protect and restore
    this international treasure, 3. The synergy provided by this refuge
    would aid and assist private non-profit conservation organizations to
    increase conservation efforts in this important region, and 4. This
    refuge would protect the last remaining wetlands and water bodies in
    this important region, for the benefit of our wildlife resources and
    for the improvement in the quality of life on both sides of the border.
        The Detroit River, Lake St. Clair, southwestern Lake Erie and the
    adjacent wetlands and tributaries are a historical and critical habitat
    base for our continent's waterfowl and wildlife resources. The Detroit
    River is the crossroads for birds migrating in the Atlantic and
    Mississippi flyways, basically serving as a funnel for migrating birds
    during the spring and fall. More than 300 bird species have been
    documented in the Detroit-Windsor area, with approximately 150 of those
    nesting in the region. Approximately 3 million ducks, geese and swans
    migrate annually through the Great Lakes, with a majority passing
    through the eastern portion of Michigan, Ontario and Ohio (Figure 1).
    The Detroit River, Lake St. Clair and Lake Erie are critical migration
    areas for canvasbacks and other diving ducks, and are the most
    important staging areas for black ducks on the continent (Figure 2).
    Bald eagles nest in the area and twenty-seven species of migrating
    swans, ducks, and geese have been identified.
        Less than 3% of the original wetlands along the U.S. side of the
    Detroit River remain and only 1% of the U.S. shoreline is not armored
    with concrete or steel. Yet, in spite of intense development impacts,
    the lower Detroit River continues to provide critical habitat for
    waterfowl and other migratory birds. Extensive beds of extremely rare
    wild celery and undeveloped islands and shoals support one of the
    nation's most productive sport fisheries for walleye and support 117
    other species of fish. Remaining islands are extremely vulnerable to
    development as evidenced by recent efforts to develop Humbug Island.
    Islands in the river exhibit a wide range of topographic features
    subject to the influence of the water levels in the Detroit River.
        The Detroit River and the surrounding water and wetland resources
    have received many special designations based on its importance to
    migrating waterfowl, neotropical migrant songbirds, raptors, fish
    resources, and other wildlife.
        For example:
        1. LThis region is a high priority area for Ducks Unlimited's under
    its new Conservation Plan for North American waterfowl.
        2. LIt is a special focus area under the North American Waterfowl
    Management Plan, one of 24 critical waterfowl areas listed by the U.S.
    Fish and Wildlife Service.
        3. LThis region is listed as part of the Western Hemisphere
    Shorebird Reserve Network, site of regional importance.
        4. LThe Canadian side of the river is located in the Eastern
    Habitat Joint Venture of Canada, under the North American Waterfowl
    Management Plan.
        5. LThe Detroit River is located within the Coastal Zone of
    Michigan, as identified by the U.S. Department of Commerce.
        In global perspective, the waterway contains remnant Great Lakes
    coastal marshes, lake plain prairies, oak savannahs, extensive beds of
    wild celery, and remnants of a diverse freshwater mussel community. For
    these and other biological reasons, and in addition to the above
    designations, the Detroit River was recognized by The Nature
    Conservancy as having globally significant biological diversity that
    should be conserved and enhanced by Canada and the United States under
    the 1992 United Nations Convention on Biological Diversity; by the
    State of Michigan under its Biodiversity Conservation Act; and by the
    binational Detroit River Remedial Action Plan. The latter plan lists
    loss of fish and wildlife habitat as an impaired water use that must be
    remediated to delist the river as an Area of Concern (AOC).
        In 1997, this waterway was designated a focus area for habitat
    restoration by the Great Lakes Ecosystem Team of the U.S. Fish and
    Wildlife Service. In 1999, Lake St. Clair and the Detroit River were
    designated a focus area by the Midwest Natural Resources Group of 14
    federal agencies. In 2000, the lower Detroit River and the western
    shore of Lake Erie were designated part of the Western Lake Erie
    Biodiversity Investment Area by the U.S. Environmental Protection
    Agency. In 2001, Canada and the U.S. agreed upon a Conservation Vision
    for the Lower Detroit River Ecosystem, including a Detroit River
    International Wildlife Refuge.
        Protection and restoration of habitat for fish and wildlife in
    Michigan waters of this waterway is high priority for federal, state
    and provincial agencies, Ducks Unlimited, The Nature Conservancy, and
    numerous citizens groups. The continued use of this region as a major
    migration corridor for waterfowl, other birds, and fish coupled with
    the dramatic decline in habitat availability underscores the grave
    importance of conserving the remaining habitat areas. Designation of an
    international wildlife refuge will serve as a direct mechanism to
    conserve habitat and as a catalyst to focus conservation attention to
    this region.
        Currently, a newly established partnership has formed in support of
    wetland conservation in this region. Included in that partnership are
    federal, state and local agencies, private corporations and
    individuals, and non-governmental organizations, including the
    following: Algonac State Park, City of Monroe, Community Foundation for
    Southeast Michigan, Consumers Energy, Detroit Edison, Ducks Unlimited,
    Federated Garden Clubs of Michigan, Greater Detroit American Heritage
    River Initiative, Grosse Isle Nature and Land Conservancy, Michigan
    Department of Natural Resources, Pheasants Forever, National Steel
    Corporation, The Nature Conservancy, River Raisin Public Advisory
    Council, Solutia, Inc, Southeast Michigan Land Conservancy, Wildlife
    Habitat Council, Pt. Mouille Waterfowl Festival Committee and the U.S.
    Geological Survey. The importance of this region is indicated in the
    diversity of groups represented in this partnership. The Detroit River
    and the surrounding ecosystem is worthy of protection as a wildlife
    refuge.
    Conclusion
        Ducks Unlimited is here today to pledge our support to you and this
    Congress as you continue excellent efforts to protect our country's
    natural heritage. We urge you to pursue the development of the Detroit
    River International Wildlife Refuge, for the benefit of citizens in the
    United States and Canada, and for the benefit of wildlife, fish and our
    Great Lakes ecosystem. Thank you.
                                     ______

        [Attachments to Mr. Tori's statement follow:]
        [GRAPHIC] [TIFF OMITTED] T3261.001

        [GRAPHIC] [TIFF OMITTED] T3261.002

        Mr. Gilchrest. Mr. Nomsen?

    STATEMENT OF DAVE NOMSEN, VICE PRESIDENT OF GOVERNMENT AFFAIRS,
                           PHEASANTS FOREVER

        Mr. Nomsen. Thank you, Mr. Chairman, members of the
    Committee. My name is Dave Nomsen. I am Vice President of
    Governmental Affairs for Pheasants Forever, based in
    Alexandria, Minnesota, and I am very pleased to be here today
    on behalf of Dr. Gordon Guyer and Pheasants Forever.
        Dr. Guyer is currently serving as Chairman of the Board for
    Pheasants Forever, and previously he was President of Michigan
    State University and also the Director of the Michigan
    Department of Natural Resources in the Department of
    Agriculture in Michigan. Thus, he is very familiar with the
    proposed refuge area.
        Pheasants Forever is very pleased to offer our complete
    support for H.R. 1230, establishing the Detroit River
    International Wildlife Refuge. We believe that the refuge will
    provide tremendous benefits to sportsmen and sportswomen. We
    are pleased to see that hunting, fishing, wildlife observation
    and photography, and environmental education are specifically
    listed as priority uses of the proposed refuge. We believe that
    H.R. 1230 is a significant piece of legislation and, when
    completed, will offer tremendous wildlife conservation and
    environmental benefits to not only our nation's sportsmen, but
    society as a whole.
        In the attached letter to my testimony from Dr. Guyer to
    Congressman Dingell, he points out how important the
    establishment of the refuge is both in terms of wildlife and
    water quality enhancement in the area.
        Preservation of the lower Detroit River ecosystem through
    H.R. 1230 can ensure the future of fine waterfowling in this
    area and the millions who live nearby will benefit from the
    refuge's wildlife. Preserving the area will also improve water
    quality. Healthy wetland ecosystems can absorb nutrients and
    contaminants from runoff, reduce sediment loads, improving
    water quality not only for Michigan but also for the entire
    Lake Huron and Lake Erie watershed.
        H.R. 1230 will complement Pheasants Forever's activities in
    Michigan. We are pleased to see provisions providing protection
    for land owners' decisions regarding land acquisition. At
    Pheasants Forever, all of our projects are voluntary in nature
    and completed with willing farmers and land owners. We believe
    that by incorporating these provisions, local and community
    support for the refuge will be strengthened.
        Mr. Chairman, I thank you for the opportunity to testify in
    support of H.R. 1230. The Detroit River International Wildlife
    Refuge can benefit this nation's sportsmen and sportswomen, all
    conservationists, and everyone interested in a healthy
    environment. Please feel free to contact us for any additional
    information that we can provide. I would be happy to take
    questions at the appropriate time. Thank you very much.
        Mr. Gilchrest. Thank you, Mr. Nomsen.
        [The prepared statement of Mr. Guyer follows:]

    Statement of Dr. Gordon Guyer, Chairman of the Board, Pheasants Forever

        Mr. Chairman, members of the Committee, my name is Dave Nomsen. I
    am Vice-president of Governmental Affairs for Pheasants Forever from
    Alexandria, MN. I am pleased to be here today on behalf of Dr. Gordon
    Guyer and Pheasants Forever.
        Dr. Guyer is currently serving as Chairman of the Board for St.
    Paul, MN based Pheasants Forever. Dr. Guyer is President Emeritus of
    Michigan State University and previous Director of the Department of
    Natural Resources and the Department of Agriculture in Michigan. As
    Chairman of the Board for Pheasants Forever, Dr. Guyer represents
    nearly 100,000 of our nations'' sportsmen and sportswomen and Pheasants
    Forever 550 chapters nationwide in 28 states. Pheasants Forever was
    founded in 1982 and annually completes in excess of 32,000 wildlife
    habitat conservation projects in cooperation with willing farmers and
    landowners and natural resources agencies.
        Pheasants Forever is pleased to offer our complete support for H.R.
    1230 establishing the Detroit River International Wildlife Refuge. We
    believe that this refuge will provide tremendous benefits to sportsmen
    and sportswomen. We are pleased to see that hunting, fishing, wildlife
    observation and photography, and environmental education are
    specifically listed as priority uses of the proposed refuge.
        We believe that H.R. 1230 is a significant piece of legislation and
    when completed will offer tremendous wildlife conservation and
    environmental benefits to not only our nations sportsmen, but society
    as a whole. In the attached letter to Representative Dingell, Dr. Guyer
    points out how important the establishment of the refuge will be in
    terms of both wildlife and water quality enhancement. Dr. Guyer points
    out the value of this area as a waterfowl migration corridor and has
    personally enjoyed some of the fine waterfowling experiences this area
    offers. Preservation of the Lower Detroit River ecosystem through H.R.
    1230 can ensure the future of fine waterfowling in this area and the
    millions who live nearby will benefit from the refuges wildlife. The
    refuge will benefit numerous species of waterfowl and fish, provide
    habitat for other birds, butterflies, and mammals. Preserving this area
    will also improve water quality. Healthy wetland ecosystems can absorb
    nutrients and contaminants from runoff and reduce sediment loads
    improving water quality not only for Michigan but also for the entire
    Lake Huron and Lake Erie watershed.
        H.R. 1230 will complement Pheasants Forever's activities in
    Michigan. Chapters complete projects that while focused on improving
    pheasants and pheasant habitat, these projects reduce soil erosion,
    benefits numerous species of wildlife, and improve water quality. Many
    of these projects are within the watershed above the Lower Detroit
    River and involve the successful Conservation Reserve and Wetland
    Reserve Programs. We believe that the addition of the Detroit River
    International Wildlife Refuge will move us toward a more comprehensive
    land management program befitting Michigan farmers and landowners,
    sportsmen and sportswomen, and society as a whole. We are pleased to
    see provisions providing protection for landowners decisions regarding
    land acquisition. At Pheasants Forever all of our projects are
    voluntary and completed with willing farmers and landowners. We believe
    that by incorporating these provisions, local and community support for
    the refuge will be strengthened.
        Mr. Chairman, thank-you for the opportunity to testify in support
    of H.R. 1230. The Detroit River International Wildlife Refuge can
    benefit this nations sportsmen and sportswomen, all conservationists,
    and everyone interested in a healthy environment. Please feel free to
    contact us for additional information and support regarding these
    issues. I would be happy to take questions at the appropriate time.
    Thank-you.
                                     ______

        [A letter submitted for the record by Mr. Guyer follows:]

                                 June 18, 2001

    The Honorable John D. Dingell
    United States House of Representatives
    Washington, D.C. 20515

    Dear Representative Dingell:

        It has been some time since I renewed acquaintances in Washington
    DC but it was certainly a privilege to have an opportunity to once
    again renew friendships with you last week and again admire the
    terrific comprehension you have for the importance of conservation
    programs and wildlife issues. You represent Michigan so appropriately
    and are one of the individuals we all look forward to supporting as you
    maintain your fish, wildlife and conservation priorities. We are very
    fortunate in Michigan!
        More importantly, I wanted to formalize my excitement and special
    support for your initiative on behalf of establishing a Southeastern
    Michigan International Wildlife Refuge. Certainly H.R. 1230 is the most
    significant piece of legislation that will not only enhance wildlife,
    but more importantly will be an important adjunct to maintaining and
    enhancing water quality in the entire lower Great Lakes watershed. My
    past experiences as Director of the Department of Natural Resources and
    the Department of Agriculture, and as President of Michigan State
    University have given me an opportunity to appreciate the fact that
    this area represents the greatest Midwest flyway for waterfowl and is
    also the drainage from some of the most productive farmland in the
    Midwest. Your creative philosophy for this Refuge will not only protect
    these important resources, but will be a significant contribution to
    not only Michigan, but the entire southern Lake Huron and Lake Erie
    watershed.
        John, whatever I can do to support you in this regard, be sure and
    let me know. Thanks again for your hospitality.

                               Very truly yours,

                                Dr. Gordon Guyer

                                    Chairman

                                     ______

        Mr. Gilchrest. Thank you all for your testimony and for
    your support. I have just a couple of questions.
        Can anyone tell me the potential acreage of this refuge and
    the potential cost involved in acquisition? I know there is a
    myriad of public and private sector interests in this. Some of
    the land might come as donations. There could be easements on
    some of that. Does anyone know the potential? You have outlined
    a number of islands and shorelines and wetland areas that are
    in it. It would be helpful for us to have some ballpark figure
    as to the number of acres and an approximate cost. Yes, sir?
        Mr. Jakcsy. Mr. Chairman, in terms of the boundaries, the
    refuge will include all land from the American side of the
    river west to Jefferson Avenue, which is a main corridor along
    this 18-mile stretch of the lower Detroit area. It will run
    from the northern border of Mud Island all the way down to the
    southern border of Sterling State Park, and it encompasses
    approximately 5,451 acres to be included in the boundaries of
    the refuge.
        Mr. Gilchrest. That is the U.S. side.
        Mr. Jakcsy. On the U.S. side.
        Mr. Gilchrest. Is there approximately the same number of
    acres on the Canadian side?
        Mr. Jakcsy. That, I do not know.
        Mr. Gilchrest. Dr. Hartig?
        Mr. Jakcsy. I would say probably.
        Mr. Gilchrest. Probably?
        Mr. Jakcsy. Yes.
        Mr. Gilchrest. So we are looking in the neighborhood of
    about 10,000 acres?
        Mr. Jakcsy. I think that is fair to say. It is less
    developed on the Canadian side, so I would say it would be
    equal to what we have here.
        Mr. Gilchrest. Okay.
        Mr. Hartig. That would be the maximum number, Mr. Chairman.
        Mr. Gilchrest. Yes.
        Mr. Hartig. Probably, and again, as Congressman Dingell
    pointed out, this is voluntary. For example, if--one of the
    large islands just north of Grosse Ile is Fighting Island,
    which is owned by BASF Corporation, and if they wanted to--and
    they are doing some of that now--managing much of those lands
    for habitat conservation, if they wanted to enter into a
    cooperative agreement, they could be managing their lands in
    support of the goals of the international wildlife refuge. So
    it depends upon if they would want to do that.
        Another example is Solutia, a chemical industry on the
    lower end of the Detroit River. They are doing some upland
    habitat work with Wildlife Habitat Council and they are doing
    some soft engineering of shorelines. They could be doing that
    not only for their internal goals but for the wildlife refuge.
    So you could--
        Mr. Gilchrest. You say they are doing some soft engineering
    for shorelines?
        Mr. Hartig. Yes.
        Mr. Gilchrest. What does that mean?
        Mr. Hartig. You heard Mr. Tori say that much of the Detroit
    River shoreline is hardened with concrete, break wall, and
    steel sheet piling. In fact, of the U.S. side, 31 of the 32
    miles is very hardened.
        Soft engineering says you don't need concrete and steel
    everywhere. You need it where you need to bring in freighters
    and cruise ships and things like that, but where you don't need
    it, you can change the slope, use varied size of rock, and you
    can use plants, and you can soften the shoreline and get
    habitat value out of it. Hard engineering, concrete and steel,
    has no habitat value, as you know, but we feel we can reclaim
    some of the shoreline for the benefits of the refuge.
        Mr. Gilchrest. I see.
        Mr. Hartig. An example of that, Mr. Jakcsy told you they
    are already doing that on their property in support of wildlife
    conservation. BASF Corporation is doing it on the mainland.
        Mr. Gilchrest. So you are taking some of that rip-rap, hard
    rock or steel shoreline, you are taking it apart, removing it,
    and replacing it with marsh grass or something of this nature?
        Mr. Hartig. In some cases, marsh grass. Engineers are very
    important, but they like straight lines. We don't always want
    straight lines in habit. We want some sinuosity of the
    shoreline. We would like to change the slope. We would like to
    add some natural vegetation and get some habitat value to
    support this unique biodiversity that--
        Mr. Gilchrest. Dr. Hartig, when you are talking about
    engineering a soft shoreline, you know, in my mind, you have
    electrical engineers, you have chemical engineers, you have all
    kinds of engineers. So are these people doing that somehow
    environmental engineers that are trying to understand the
    design of the mechanics of natural processes, to put it back in
    place the way it was? What kind of engineers are doing this?
        Mr. Hartig. They are civil and environmental engineers.
    They are very much interested in the shoreline, in hydraulics
    and ecology, and it is the next generation of engineers to do
    it.
        Mr. Gilchrest. I see.
        Mr. Hartig. One of the most important things, there is
    habitat value in it, but you can also save money for shoreline
    owners, whether it is an industry, whether it is a business or
    a community.
        Mr. Gilchrest. Yes, sir?
        Mr. Tori. I just wanted to comment on that. They are civil
    and environmental engineers in our office in Ducks Unlimited,
    and we actually have a staff and that is exactly what they do,
    is they do a lot of restoration work and take hard shorelines
    and engineer them back and try to emulate the natural processes
    that existed prior to the alterations. So it is a growing and
    rapidly developing field and there are a lot of creative
    engineers out there that just love to put back what nature
    created, so it is an important aspect of our office.
        Mr. Gilchrest. Great. Thank you. Maybe we should contract a
    number of these environmental engineers and have them do a
    hydrologic study of the United States--
        [Laughter.]
        Mr. Gilchrest. --and give some estimate as to--
        Mr. Tori. We would love to do that for you.
        Mr. Gilchrest. We will work with John Dingell on that one.
        Ms. Taylor, I had a question for you and it went out of my
    head. I will get back to it. One more question and then I will
    yield to Mr. Underwood. Two things, I guess. Has Nature
    Conservancy purchased any land here?
        Ms. Taylor. Yes. We recently purchased Calf Island, which
    is at the southern end. Is it marked there? Yes, right there.
        Mr. Gilchrest. Oh, I see.
        Ms. Taylor. Which eventually we anticipate handing over to
    the U.S. Fish and Wildlife to be part of this refuge.
        Mr. Gilchrest. Would that be a donation or a sale?
        Ms. Taylor. Actually, we purchased it, and through a NAWCA
    grant, we would be reimbursed, but that grant is under
    consideration at this stage.
        Mr. Gilchrest. I see. Do you have any statement or comment
    or feeling about Section 7 of the bill, the indemnification
    aspect of that?
        Ms. Taylor. We don't have a position on that. I defer to my
    colleagues on that, actually. But overall, we feel the bill
    itself is a very important bill, so we support it in total, but
    on that particular issue, we don't have a position.
        Mr. Gilchrest. Given the nature of the complexity of this
    proposed refuge, in that it won't all come at the same time, I
    assume, there will be pieces that will come into it over a
    period of time, some donated, some with easements, some with
    outright purchase, and that Mr. Ashe from the administration
    had some very strong reservations about Section 7, especially
    with the aspects of the liability, does anyone on the panel
    want to comment on that? Do you have any idea how that can be
    reconciled, changed? Mr. Dingell?
        Mr. Dingell. I apologize to the Committee. I should have
    addressed this. In a nutshell, that is entirely voluntary.
    There is no requirement here that there be any absolution given
    to anyone with regard to donations or sale of land by the
    Federal Government. This is something which is vested in the
    President. I have made some suggestions to the Committee with
    regard to a possible redraft to move this discretion down to
    the Secretary, which would be exercised through the Director of
    Fish and Wildlife.
        Our problem here, and the reason for this language in the
    bill, Mr. Chairman, is that this is an old industrial area.
    Industry began to locate here in the 1820's and 1830's. It was
    shipbuilding, chemicals, timber, furniture, cigars at one
    point, chemicals, mostly sodium-based chemicals, but others,
    oil refining, steel mills, and things of that kind. So we have
    been kind of harsh on that land.
        So I anticipate that there will be significant donations
    either of fee or of interest in the land, such as easements and
    things of that kind. This permits the Secretary, functioning
    through the Director of Fish and Wildlife, as I have suggested
    the amendments to the Committee, to offer some assurance to a
    donor or a seller that there will not be a penalty associated
    with that act of virtue, because as you know, Mr. Chairman, not
    infrequently, as they say, no good deed goes unpunished, and it
    is our purpose with that particular drafting to see to it that
    we not penalize honest citizens who are seeking to work with us
    in this conservation cause.
        The authority to use this is entirely discretionary with
    the Secretary or the President or the Director of Fish and
    Wildlife, and I am even suggesting to the Committee certain
    sensible constraints which the Secretary could use, such as
    considering the relative value of the donation or the sale and
    also considering the cost to the government and the potential
    liabilities absorbed by the government in the acceptance of the
    land, either by sale or donation.
        Mr. Gilchrest. Thank you very much, Mr. Dingell.
        Mr. Underwood?
        Mr. Underwood. Thank you, Mr. Chairman.
        Just following up on the issue of Section 7, and I thank
    Mr. Dingell for clarification, does this change your position,
    Mr. Ashe, of that amendment as put in, that it somehow--would
    it change the administration's position that the discretion is
    given to the Secretary via the Director of Fish and Wildlife as
    opposed to the President?
        Mr. Ashe. Mr. Underwood, I guess when we sit down with the
    Committee, I know that the changes that Mr. Dingell has
    suggested, we have looked at them within the Fish and Wildlife
    Service and they certainly do address some of our concerns
    about Section 7. I guess we would need to sit down with the
    Committee and with the administration to determine whether or
    not that remedies the larger concern.
        I think the larger concern is one of a conceptual level, at
    a policy level, and as I said in my statement, and Congressman
    Dingell is correct, the grant of authority is discretionary in
    the bill, and so certainly the administration or the Fish and
    Wildlife Service is not required to exercise that authority.
    Sometimes, though, the presence of discretion is not a good
    thing and--
        Mr. Underwood. I am sure he will be interested to hear
    that.
        Mr. Ashe. --and the presence of discretion--if Congress
    puts a provision into law and gives us the discretion to employ
    it, then presumably they intend us to use it and we will find
    ourselves under pressure to employ the exemption because--and
    again, we have not taken a detailed look at any of these
    properties--
        Mr. Underwood. But there are two levels of discretion here,
    are there not? The first is whether to accept the property and
    the second is whether to indemnify.
        Mr. Ashe. That is correct.
        Mr. Underwood. Okay. So there are two levels. I would
    assume that that offers some protection if the property is very
    much contaminated.
        Mr. Ashe. It does.
        Mr. Underwood. But I appreciate the administration's
    concerns on that, as well.
        For the rest of the panel, Mr. Gilchrest, the Chairman,
    asked the initial question, how much of this property--what
    would the total property be in the refuge, and then some of you
    proceeded to answer it by talking about various corporate
    holdings along the whole area. Can anyone offer any information
    about what would be anticipated to actually be donated to the
    Fish and Wildlife Service for the refuse? How much of that
    property is actually held by corporations and how much is
    actually held by individuals? Has anyone studied that, or is
    most of the anticipated property that would be given over is
    held by corporations?
        Mr. Hartig. I don't think anyone has studied that in depth.
    I think the number of parcels ultimately that might be given to
    the Fish and Wildlife Service might be relatively small, but I
    think a number of the corporations would manage their lands
    under the--consistently with the goals of an international
    wildlife refuge and the conservation vision, to meet the spirit
    and intent of that. So they might have a cooperative agreement
    in the end to do certain things voluntarily on their property
    to support the wildlife refuge concept.
        Mr. Underwood. So has anyone kind of assessed how much
    would actually be covered by cooperative agreements as opposed
    to land being given over? I mean, I am assuming that Section 7
    applies primarily to land that is being donated, and so I just
    want to find out for my understanding of the whole situation,
    how much land is anticipated would be actually given over and
    could be potentially covered by Section 7? Does anyone have any
    information on that?
        [No response.]
        Mr. Underwood. No? Okay. Let me try another question. If
    Section 7 were absent in this legislation, what do you think
    the reaction of the corporations that currently hold land?
    Would they be as interested in donating land? I mean, is this
    critical to the possibilities? Maybe Mr. Jakcsy or Dr. Hartig
    would respond to that. Since I guess, Mr. Jakcsy, you
    represent--you don't represent the whole corporate community,
    obviously, but you are the only corporate representative.
        Mr. Jakcsy. I think that where there are pockets or for
    pieces of land that would be suitable for inclusion in a
    refuge, I think whether Section 7 is included or not, say if it
    is not, I think obviously you would be more readily inclined to
    look at making those donations, making them available or having
    easements on those lands for refuge. With Section 7, I can't
    speak for the other corporations, but I think there is a
    realization that perhaps those properties that may be a little
    more questionable, they would probably be held on by the
    corporations and not offered for realistic consideration and it
    would not become an issue. So it is those properties that are
    out there and available that could be given.
        Mr. Underwood. Didn't National Steel just turn over Mud
    Island?
        Mr. Jakcsy. Yes, we did. In that instance--
        Mr. Underwood. What conditions were placed on that, or were
    there any activities there other than rum-running, as pointed
    out by Mr. Dingell?
        [Laughter.]
        Mr. Jakcsy. We had acquired Mud Island back in 1945 and it
    had been expanded through--the acreage had been expanded
    through some dredging of the Detroit River until it is now a
    21-acre site, and that happened in the early 1960's. And we
    never did anything with the island. We left it in its natural
    habitat, and as a result, it was just a beautiful spot, a
    little jewel, we like to think of it, there off the shores of
    Ecorse, that was available, unused, and we felt this was the
    ideal fit for it in terms of being in a refuge.
        So I think those kinds of parcels that have not been used
    by companies along the waterfront become--and are not going to
    be used in future plans for companies--they become an ideal
    fit, because as a member of the business community with the
    Southern Wayne County Chamber of Commerce, I know the spirit of
    the corporations on the river is to make the downriver a more
    attractive place to live and work and improve quality of life,
    which we have identified through our economic summits in the
    Down River Community on the value of the river. And I think
    where we can make these parcels available for the refuge, there
    is a keen interest to do that.
        Mr. Underwood. Go ahead, Dr. Hartig.
        Mr. Hartig. May I give you two practical examples that we
    are working on right now with different industries along the
    Detroit River. There are two downfield sites and what they are
    looking at right now is there is a real key player in this and
    that is the State of Michigan, the Michigan Department of
    Environmental Quality, which is a regulatory agency, and in
    both these cases, all applicable State standards have to be
    met. That is--the State is adamant about that. The communities
    where these two parcels exist in want that, as well.
        Having Section 7 in there, though, is an incentive for
    these corporations to grant the easement that we want to do
    some creative work on the shoreline. In both of these parcels,
    they are looking at granting an easement down to the water
    along the Detroit River and to view some of the wildlife areas.
    So it is very much an access to the river, as well, providing
    public access, like Congressman Dingell said, to appreciate the
    river, to benefit from it, as well.
        In both cases, the final resolution will be that the State
    standards will be met for those parcels and they will then move
    forward with some habitat work, some easement for public
    access, as well.
        Mr. Underwood. Yes, go ahead.
        Ms. Taylor. What I was going to add, also, regardless of 7
    being in or out, and I can't speak for all conservation
    organizations, but I think we are quite similar, that when we
    acquire any lands, and often in a refuge status we are
    acquiring them as an intermediate owner and then passing them
    on to the refuge status, we do baseline environmental
    assessments. We have to go through many filters of assessment
    of that ownership for liability purposes, and so we would still
    do those things regardless.
        I think what a lot that results from Section 7 is the
    incentive, as John said, to make that easier and to create an
    opportunity to encourage those companies to do so. But
    regardless, we are going to go through those same process.
        What also I want to point out is that often in brownfields
    properties, having worked in brownfields policy in a previous
    life, much of that is a perception of contamination of these
    sites. So with incentives like that, we still go through the
    same rigors of assessment, yet many times these are not in the
    condition that people anticipate because of the historical
    industrial use of them. And, in fact, you need opportunities
    like this to create an incentive to move forward.
        But all those same questions, we would go through before
    ownership, so--
        Mr. Underwood. I think I am generally in agreement with
    that point. I congratulate the effort of Mr. Dingell to, in a
    sense, not give up on this area simply because it has had a lot
    of industrial activity, and we are trying to find the right
    language in here in order to make it possible, in order to make
    the refuge possible. I think almost all of us are on the same
    page on that issue. It is not a question of trying to give the
    business community a leg up or to be indemnified for any damage
    they may do to the community. I think we are just trying to
    find the right language to make it possible. It is a remarkable
    project in its conceptualization simply because of the fact
    that so much industrial activity has occurred here over a
    couple of centuries.
        Mr. Hartig. I think that is a very, very important point,
    because we are the heart of the industrial revolution. We are
    the Rust Belt, as they call us. And in the midst of major
    industry, we are going to have potentially an international
    wildlife refuge and how can that come about at a practical
    working level? I think Congressman Dingell is really at the
    cutting edge of this for the whole country and North America
    and this could be a model for the rest of the country and for
    Canada on how to do that in an industrial area. It is just an
    unbelievable opportunity and some incentives will be helpful
    along the way.
        Mr. Underwood. Yes, sir?
        Mr. Tori. I guess I could refer back to Helen Taylor's
    great example about the car. The Detroit River is a car that is
    limping along. We have taken out a lot of the parts and each
    one of our organizations--Ducks Unlimited, Pheasants Forever,
    and all the other folks represented here--we are the mechanics
    and we need to put this car back together. The folks here and
    the folks that support this refuge are willing to work on it,
    and the creation of this refuge is a really important tool to
    put this car together and get it up and running for the rest of
    the country to see. So we appreciate the support of it.
        Mr. Underwood. The car analogy is appropriate, I guess, to
    this area, but after listening to Pheasants Forever and Ducks
    Unlimited, I was waiting for Sturgeon Survival or some other
    organization to come forward.
        [Laughter.]
        Mr. Underwood. I want to commend you all for your
    testimony. I was just wondering if any of you know of any
    creatures that live in the Black Lagoon when I look in this
    map.
        [Laughter.]
        Mr. Underwood. Thank you, Mr. Chairman. I couldn't resist
    that.
        Mr. Gilchrest. Maybe that is where we can put the brown
    tree snakes.
        Just a quick follow-up question to Mr. Ashe. Are there any
    other refuges in the U.S. similar to the proposed one we are
    looking at here today, where a lot of the land is not
    contiguous and in an industrial area, urban area, or is this
    fairly unique?
        Mr. Ashe. We have refuges where we have lands which are not
    contiguous. We have many examples of refuges in--and we have--a
    good analogy for the Committee to look at would be the Silvio
    Conte Refuge in Connecticut, Vermont, New Hampshire,
    Massachusetts, where we have a very long corridor of river,
    hundreds of miles in that case, where we are working to
    preserve small components of the original river system. This
    is, of course, much smaller in terms of linear miles, but the
    same concept. The Conte River does include some urban areas, as
    well.
        We have urban refuges in other parts of the country, so
    this is a combination. This really is a unique approach to
    creation of a refuge that combines different concepts that we
    employ in other parts of the country.
        Mr. Gilchrest. So the Silvio Conte Refuge System, you have
    a number of States that are cooperating in preserving and
    restoring that particular habitat?
        Mr. Ashe. Correct.
        Mr. Gilchrest. And in this situation, you have Canada and
    the United States.
        Mr. Ashe. Right.
        Mr. Gilchrest. When this becomes a reality, the management
    of these pieces that make up the refuge, you mentioned earlier
    that it would probably take six full-time staff, and I am sure
    there would just be a number of volunteers on this project, as
    there are in other areas around the country. The six full-time
    staff, what kind of relationship would the six full-time staff
    on the U.S. side have with the number of Canadian staff I
    assume that they would put on their side? Would it be managed
    as a single ecosystem, do you foresee?
        Mr. Ashe. Of course, I guess that relationship remains for
    us to work out with the government of Canada. You asked about
    land acquisition earlier. We don't have any authority to do
    land acquisition or even to bring lands in another country into
    the refuge system. So Canada would have to make a commitment to
    the conservation of the lands over which it has jurisdiction.
    We would bring our lands and our resources to the effort. So we
    would have to develop a cooperative agreement with the
    government of Canada and a cooperative approach to management
    of our lands jointly. So it would obviously be an effort that
    would entail a great degree of cooperation. It sounds like that
    level of cooperation is already there and well underway. So it
    doesn't sound to me like it would be difficult for us to do.
        Mr. Gilchrest. Just very quickly, your perspective, would
    Section 7, Mr. Ashe, be a disincentive for acquiring future
    lands?
        Mr. Ashe. I think in some respects, Mr. Gilchrest, it could
    make negotiations difficult for us. I think the entire panel is
    correct. All of the mechanisms still are in place for us. We
    would do contaminant surveys, and I think in this case, because
    the government would be absorbing liability, in the case that
    we exercised this authority, the government would be the single
    liable party. And so we would have to take a very long and hard
    look at whether we wanted to exercise that authority.
        In many cases, it would probably be cheaper for us--
    potentially would be cheaper for us to just buy the land and
    not absorb the liability associated with it. But as Mr. Dingell
    said, the bill actually asks us to make that--or his suggested
    changes to the bill ask us to make that judgment, which would
    be a proper judgment for us to make.
        So it would be complicated and it, in some regards, might--
    well, I just think it might complicate negotiations between us
    and a potential donor if they saw a large benefit or advantage
    to them in transferring liability for cleanup to the Federal
    Government.
        Mr. Gilchrest. I think, given the nature of this project
    and given the kind of information that we now have, let us say,
    as opposed to 10 years ago, I think we are up for it. I think
    we have the capacity to deal with it.
        Mr. Ashe. I appreciate your confidence.
        Mr. Gilchrest. Yes, sir. Dr. Hartig, did you want to make a
    comment?
        Mr. Hartig. Yes, maybe one other comment. The State of
    Michigan is also an owner of substantial property within the
    proposed refuge area. For example, Pointe Mouillee State Game
    Area is about 2,000 acres that is managed by the State on the
    lower left-hand corner.
        Another one is Stony Island. Gildo, could you point that
    out, please, for us on the map? Stony Island was recently
    purchased with Michigan Natural Resource Trust Fund dollars by
    the State of Michigan and managed in perpetuity.
        And you can see where there would be these cooperative
    agreements amongst Fish and Wildlife Service, the State, and
    other partners to manage it under the umbrella of the refuge.
    So much of this is underway.
        I would like to point out that Congressman Dingell
    convened, or helped convene a State of the Strait conference
    recently. Destrois is the strait, and that was a binational
    conference where we brought together all the management
    agencies and concerned citizens. Over 300 people came together
    to sort of look at where we have come from, where we are, where
    we need to go, and the wildlife refuge concept was very much
    out in front there.
        A joint management conference convened on an annual basis
    to coordinate, to integrate and move forward together would be
    a good starting point for this. It might lead to a cooperative
    agreement. But there are mechanisms that Congressman Dingell
    has already established to lay the foundation for this really
    important concept.
        Mr. Gilchrest. It sounds like it is something we can move
    forward with. Mr. Ashe?
        Mr. Ashe. Mr. Gilchrest, I guess I would just say, I do
    believe personally that we can, from the standpoint of the Fish
    and Wildlife Service, that we can work through our concerns
    with respect to Section 7. Mr. Dingell and his staff have
    already been responsive to some of our concerns in suggesting
    their changes to the bill. I do believe that we can resolve
    that. There may be some larger policy issues within the context
    of the administration that need to be worked out with respect
    to the liability. Other agencies have an interest in this
    issue, EPA and the Justice Department and others, that will
    need to work on it. I do believe that, from our perspective, we
    can negotiate in good faith and work out our concerns.
        I think from the standpoint of the Committee and your
    responsibility for the refuge system, if we absorb liability
    within the refuge system, and as you know, we learn things
    every day about contaminants and about how the environment
    works, and particularly with respect to contamination, it is
    very difficult for us to look forward ten to 15 years and
    foresee things that might arise. And once we are the owner of
    land, and if the previous owner has been absolved from
    liability, then we would be responsible for any cleanup or
    remediation that is necessary, and those dollars would come
    from within our operational budget.
        Mr. Gilchrest. I understand, and there is a certain amount
    of legitimate fear that goes along with that. We will see if we
    can work through that. Maybe there can be a voluntary corporate
    ecosystem restoration potential contamination fund that is put
    off to the side, and as employees leave work every day, they
    can drop a few quarters in there to help the refuge system.
        [Laughter.]
        Mr. Gilchrest. Ms. Taylor, I just want to make a comment
    that in your likely doing this, the protection you offer here
    as a result of your purchases, probably you are looking to
    where these migrating waterfowl are coming from and then where
    they are going to after they leave the Detroit River and sort
    of do the same kind of things in those places that you are
    doing right there in the Detroit River.
        Ms. Taylor. You are asking if we are? Yes, very much so.
    There are--we have an initiative called Wings of America which
    looks at the migratory path of birds from North to South
    America, where we are trying to recognize and learn more about
    not only nesting and breeding locations at the southern reach
    and the northern reach of these creatures, but also their
    stopover sites and we are learning much more about what we once
    thought might be an insignificant, small piece of forest that
    maybe isn't large enough to be considered viable, et cetera,
    yet these small places are critical to the stopover sites that
    these creatures need from north to south.
        So we are trying to think globally about these issues and
    then also deploy--and that is why many of our staff are in
    other countries, because we are trying to make a linkage
    between our activities and a place like Detroit corridor to the
    north and to the south, and we do that through other
    conservation partners. So yes, we very much are trying to
    stitch that together. Otherwise, we lose in the bigger picture
    if we only do this one place.
        Mr. Gilchrest. Thank you very much.
        I want to thank all the witnesses for their testimony and
    their contribution to this effort and Mr. Dingell for providing
    the vehicle upon which all of this will be a success.
    Basically, you are all just dismissed. I have to say something
    into the microphone for the hearing, but again, thank you all
    very much.
        I ask unanimous consent that the following documents be
    included in the hearing record. These are letters and
    resolutions in support of H.R. 1230 by Governor John Engler of
    Michigan; the Michigan Department of Natural Resources; Ms.
    Susan Whelan, a member of the House of Commons in Canada; Mr.
    Peter Stroh, Chairman, Greater Detroit American Heritage River
    Initiative; and many others. We will submit this document to
    the record.
        Mr. Gilchrest. The hearing is now adjourned.
        [Whereupon, at 11:36 a.m., the Subcommittee was adjourned.]

        The following information was submitted for the record.
    Additional materials have been retained in the Committee's
    official files.

        1. LBagale, Edward J., Vice Chancellor for Government
    Relations, The University of Michigan-Dearborn, Statement
    submitted for the record
        2. LFront, Alan, Senior Vice President, The Trust for
    Public Land, Statement submitted for the record
        3. LCool, K.L., Director, Department of Natural Resources,
    Lansing, Michigan, Letter submitted for the record
        4. LEngler, Hon. John, Governor, State of Michigan, Letter
    submitted for the record
        5. LGoodheart, Jim, Executive Director, Michigan United
    Conservation Clubs, Memorandum submitted for the record
        6. LMap of Lower Detroit River Ecosystem
        7. LStroh, Peter W., Chairman, Greater Detroit American
    Heritage River Initiative, Letter submitted for the record
        8. LWhelan, Susan, Member of Parliament, Essex, House of
    Commons, Ottawa, Canada, Letter submitted for the record

         Statement of Edward J. Bagale, Vice Chancellor for Government
                 Relations, The University of Michigan-Dearborn

        Mr. Chairman, I am submitting this testimony in support of House
    Resolution 1230. As Vice Chancellor for Government Relations at the
    University of Michigan-Dearborn, I have spent many years working with
    broad-based community coalitions that are committed to environmental
    restoration and preservation, quality ecologically based recreation,
    and economic development. In that capacity, I serve as co-chair of
    Rouge River Gateway Partnership and am past president of the Automobile
    National Heritage Area. The University of Michigan-Dearborn and the
    aforementioned partnerships each consider it an important part of their
    mission to help promote and inculcate environmental awareness and the
    responsibilities of stewardship into each generation throughout the
    region we serve. These are values that are exemplified in H.R. 1230.
        The University of Michigan-Dearborn is located on the banks of the
    historic Rouge River, one of the major watersheds flowing into the
    Detroit River. The Rouge River was once one of the worst sources of
    pollution in the Detroit River and the Great Lakes basin. But thanks to
    the commitment of the 48 communities within the watershed, hundreds of
    public and private institutions and thousands citizens, the Rouge River
    has become a national model for environmental reclamation. In the
    future, the Rouge watershed will be recognized for the contributions of
    its residents to historic preservation, habitat restoration, and
    industrial revitalization.
        One of the important lessons that we have learned is that rivers
    and watersheds are important ways to define communities. These natural
    geographical features transcend political jurisdictions and encompass
    an enormous range of social and economic diversity. They connect us to
    our past, and they are linked to our future.
        Of course, not everything connected to the environmental
    reclamation agenda for the Rouge River and the Detroit River is good
    news. The sad fact is that we have already lost over 95% of the coastal
    wetland habitats in Detroit River ecosystem. This is habitat that is
    critical to hundreds of species of birds, butterflies, and fish. Many
    of these species would naturally migrate into the Detroit River's
    tributaries, such as the Rouge River. But unless something is done
    immediately, the people of Detroit and Windsor run the risk of losing
    the remaining habitat along the Detroit River. This would reverberate
    throughout the watersheds feeding the Detroit River and be a tragedy
    for many millions of people on both sides of the border.
        H.R. 1230 provides an effective strategy for preserving wildlife
    refuge in the Detroit River. It is also an important mechanism for
    forging a shared vision for conservation, restoration, and management
    of fish and wildlife habitats in both the United States and in Canada.
        The citizens of Dearborn, Detroit, the communities downriver, and
    indeed in towns and townships extending throughout three watersheds are
    making incredible personal and financial sacrifices to clean up the
    water in their communities. We are rapidly moving forward toward full
    compliance with the Clean Water Act. We are integrating solid
    principles of environmental stewardship into the curricula of
    elementary, secondary and higher education institutions. Volunteers and
    professionals together are carefully monitoring the primary indices of
    environmental health. We believe we deserve the support of government
    in preserving these ecological treasures for future generations.
    Support of H.R. 1230 is an important step in achieving this important
    objective. I join with thousands of educators, public officials and
    residents throughout the regions served by the University of Michigan-
    Dearborn. We are united in our support of H.R. 1230. And we are
    committed to continuing to provide stewardship over the environmental
    resources entrusted to us.
        Thank you for the opportunity to submit this testimony for the
    record.
                                     ______

     Statement of Alan Front, Senior Vice President, The Trust for Public
                                      Land

        Mr. Chairman, I appreciate the opportunity to offer the strong
    support of the Trust for Public Land for H.R. 1230 and the new Detroit
    River National Wildlife Refuge it will authorize, and to urge you to
    guide this important legislation to the timely enactment it deserves.
        The Trust for Public Land (TPL) is a national nonprofit
    organization that works with private landowners, public agencies,
    community leaders, and other partners to conserve landscapes with
    compelling natural, recreational, cultural, and other resource values.
    Since its founding in 1972, TPL has assisted in over 2,000 willing-
    seller public acquisitions involving well over a million acres of
    resource lands. From this on-the-ground perspective, I would like to
    share with the Committee my organization's clear, experience-born
    understanding that
         Lthe proposed Detroit River refuge is comprised of unique,
    and uniquely threatened, wetlands that rank in importance alongside the
    critical areas Congress previously has authorized for U.S. Fish &
    Wildlife Service stewardship;
         Lthe moment is at hand to conserve these lands or to lose
    this opportunity forever; and
         Lthe bill you are considering today, owing to Congressman
    Dingell's careful craftsmanship, is the best mechanism for meeting
    community and ecological needs, and of promoting the public/private
    partnerships in Michigan and internationally that will be needed to
    safeguard this vital area.
        The resource values of Detroit River are diverse and compelling.
    The river corridor is home to some 65 fish species, including a huge
    annual spawning walleye fishery of international renown; dozens of
    waterfowl species that together comprise a migratory population of over
    three million ducks and geese; and over 150 nesting bird species in
    all. A key to the wildlife importance of Detroit River, which flows
    through the meeting-place of the Atlantic and Central Flyways, is its
    location. Since this 18-mile stretch of river flows through an area of
    substantial urbanization, location also is a central factor in its
    history and continuing importance as a major commercial and
    transportation corridor. And by extension, this urban location--and
    this urban land-use pattern--also have played a major role in the
    resource threat that makes passage of this legislation so vital.
        Over 95 percent of the historic riverine wetlands along the Detroit
    River have been lost to development, floodwall construction, and other
    physical constraints to tidal flows and meanders that once nourished
    this wetland ecosystem. Yet the remainder of the corridor--the river
    islands, marshlands and pocket wetlands that punctuate the stretches of
    commercial and other structures along the river--provide exceptional
    habitat for diverse wildlife in extraordinary numbers. Especially given
    the degree of habitat conversion and loss, these undeveloped remnants
    of the river's past are all the more important to sustain the area's
    resident and migratory wildlife populations. On the other hand,
    restoration of many of these sites is critical to maintain and enhance
    their natural values. And especially given the continued pressure for
    additional development, permanent protection of these parcels is the
    only true means of staving off additional construction and stemming the
    area's egregious habitat losses.
        H.R. 1230 as introduced by Congressman Dingell is a carefully
    balanced approach, a helping hand rather than an iron fist, to address
    these restoration and land protection needs. Like other legislation
    approved by this Committee, the bill authorizes acquisition of refuge
    lands for public management and stewardship. But the Detroit River
    International Wildlife Refuge Act also includes a variety of provisions
    specific to the needs of this unique place: provisions that are
    generating remarkable partnership support locally, and internationally.
    With regard to land acquisition, the bill explicitly focuses on
    charitable land donations and willing-seller purchases, ensuring that
    all landowner participation will be by choice. It maintains an emphasis
    on historic public use by sportsmen and outdoor enthusiasts. It offers
    mechanisms for voluntary habitat management agreements between the Fish
    & Wildlife Service and its private neighbors. And with respect to a
    huge and enormously important public neighbor, it provides for
    coordination with Canadian authorities on cooperative approaches to
    habitat improvement between their side of the river, where conservation
    already has begun, and our own.
        The Trust for Public Land has been working with many of the
    potential willing sellers and donors of wetland properties, ranging
    from pristine habitat lands to degraded but restorable habitat
    enhancement opportunities. Through this work, we have seen the
    groundswell of community support for this conservation proposal. We can
    assure the Committee that there is a large, representative sample of
    Detroit River landowners who are working with TPL to design
    conservation strategies for their properties in ways consistent with
    and inspired by this legislation. And we can assure you of our
    steadfast support of this visionary bill, which will make a habitat
    conservation solution possible for each of these landowners.
        We look forward to working with you toward enactment of H.R. 1230,
    and to the remarkable cooperative model for conservation it will allow
    on the Detroit River.
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