[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/
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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
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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:]
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[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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