[Congressional Record Volume 147, Number 161 (Tuesday, November 27, 2001)]
[House]
[Pages H8393-H8395]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DETROIT RIVER INTERNATIONAL WILDLIFE REFUGE ESTABLISHMENT ACT
Mr. GILCHREST. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1230) to provide for the establishment of the Detroit River
International Wildlife Refuge in the State of Michigan, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 1230
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Detroit River International
Wildlife Refuge Establishment Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Detroit River, one of North America's greatest
rivers, was created some 14,000 years ago during the retreat
of the Wisconsin Glacier.
(2) The present river channel, established when falling
water levels permitted erosion of the Lake Plain and
moraines, is a connecting channel linking the Upper and Lower
Great Lakes, as well as linking the United States to Canada.
(3) The Lower Detroit River ecosystem is diverse with a
number of distinct channels, numerous shoals that support
dense stands of aquatic plants, and many islands. These
nationally and internationally significant habitats and
ecological features attract as many as 29 species of
waterfowl and 65 kinds of fish.
(4) The Detroit River is a major migration corridor for
fish, butterflies, raptors, and other birds, in addition to
waterfowl. Over 300 species of birds have been documented in
the Detroit-Windsor area, of which about 150 species breed in
the immediate area.
(5) Because the Great Lakes are situated at the
intersection of the Atlantic and Mississippi Flyways, the
Detroit River is an important waterfowl migration corridor.
3,000,000 ducks, geese, swans, and coots migrate annually
through the Great Lakes region.
(6) The importance of this corridor is recognized in the
Canada-United States North American Waterfowl Management Plan
that has identified the Detroit River as part of one of 34
Waterfowl Habitat Areas of Major Concern in the United States
and Canada.
(7) Some 300,000 diving ducks stop in the Lower Detroit
River on their fall migration from Canada to the east and
south each year to rest and feed in beds of water celery
found in the region.
(8) The international importance of the Lower Detroit River
area is manifested in the United States congressional
designation of the 460-acre Wyandotte National Wildlife
Refuge.
(9) Canada's Canard River Marsh Complex is an
internationally significant waterfowl staging area which is
one of the main resting and feeding areas for canvasbacks
migrating from their nesting grounds in the Canadian prairies
to the East Coast. Many over-winter in the area as well.
(10) The diversity of biota and habitats in the Lower
Detroit River ecosystem provides substantial benefits to the
over 5,000,000 people who live in the vicinity. The Lower
Detroit River has an international reputation for duck
hunting. On an economic basis, retail sales related to
waterfowl hunting in Michigan were estimated in 1991 to be
$20,100,000. During the same year birding, photography, and
other nonconsumptive uses of waterfowl contributed an
additional $192,800,000 in Michigan.
(11) More than 1,000,000 pleasure boats are registered in
Michigan and about half of those are used on the Detroit
River and Lake St. Clair, in part to fish for the estimated
10,000,000 walleye that migrate to the Detroit
[[Page H8394]]
River each spring from Lake Erie to spawn. These walleye have
helped create an internationally renowned sport fishery
estimated to bring in $1,000,000 to the economy of
communities along the lower Detroit River each spring.
(12) All of these natural resource values and socioeconomic
benefits were acclaimed when the Detroit River was designated
an American Heritage River in 1998. The Detroit River is also
a Canadian Heritage River, making it the first international
heritage river system in the world.
(13) The Detroit River has lost over 95 percent of its
coastal wetland habitats and despite increased awareness and
supporting science of their importance, habitats continue to
be destroyed and degraded.
(14) Protection of remaining wildlife habitats and
enhancement of degraded wildlife habitats are essential to
sustain the quality of life enjoyed by so many living along
the Detroit River corridor.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Refuge'' means the Detroit River
International Wildlife Refuge established by section 5.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Detroit River'' means those lands and waters
within the area described in section 5(a).
SEC. 4. PURPOSES.
The purposes for which the Refuge is established and shall
be managed are as follows:
(1) To protect the remaining high-quality fish and wildlife
habitats of the Detroit River before they are lost to further
development and to restore and enhance degraded wildlife
habitats associated with the Detroit River.
(2) To assist in international efforts to conserve,
enhance, and restore the native aquatic and terrestrial
community characteristics of the Detroit River (including
associated fish, wildlife, and plant species) both in the
United States and Canada.
(3) To facilitate partnerships among the United States Fish
and Wildlife Service, Canadian national and provincial
authorities, State and local governments, local communities
in the United States and in Canada, conservation
organizations, and other non-Federal entities to promote
public awareness of the resources of the Detroit River.
SEC. 5. ESTABLISHMENT OF REFUGE.
(a) Boundaries.--There is hereby established the Detroit
River International Wildlife Refuge, consisting of the lands
and waters owned or managed by the Secretary pursuant to this
Act in the State of Michigan within the area extending from
the point in Michigan directly across the river from
northernmost point of Ojibway Shores to the southern boundary
of the Sterling State Park, as depicted upon a map entitled
``Detroit River International Wildlife Refuge Proposed'',
dated July 31, 2001, which shall be available for inspection
in appropriate offices of the United States Fish and Wildlife
Service.
(b) Existing Refuge Lands.--The Wyandotte National Wildlife
Refuge is hereby included within, and shall be a part of, the
Detroit River International Wildlife Refuge. All references
to the Wyandotte National Wildlife Refuge shall hereafter be
treated as references to the Detroit River International
Wildlife Refuge.
(c) Boundary Revisions.--The Secretary may make such
revisions of the boundaries of the Refuge as may be
appropriate to carry out the purposes of the Refuge or to
facilitate the acquisition of property within the Refuge.
(d) Acquisition.--The Secretary is authorized to acquire by
donation, purchase with donated or appropriated funds, or
exchange the lands and waters, or interests therein
(including conservation easements), within the boundaries of
the Refuge.
(e) Transfers From Other Agencies.--Any Federal property
located within the boundaries of the Refuge which is under
the administrative jurisdiction of another department or
agency of the United States may, with the concurrence of the
head of administering department or agency, be transferred
without consideration to the administrative jurisdiction of
the Secretary for the purposes of this Act.
(f) Study of Associated Area.--The Secretary (acting
through the Director of the United States Fish and Wildlife
Service) shall conduct a study of fish and wildlife habitat
and aquatic and terrestrial communities of the north reach of
the Detroit River, from the northernmost point of Ojibway
Shores north to the mouth of Lake St. Clair, for potential
inclusion in the Refuge. Not later than 18 months after date
of enactment of the Act, the Secretary shall complete such
study and submit a report containing the results thereof to
the Congress.
SEC. 6. ADMINISTRATION.
(a) In General.--The Secretary shall administer all
federally owned lands, waters, and interests therein that are
within the boundaries of the Refuge in accordance with the
National Wildlife Refuge System Administration Act (16 U.S.C.
668dd and following) and this Act. The Secretary may use such
additional statutory authority as may be available for the
conservation of fish and wildlife, and the provision of fish
and wildlife dependent recreational opportunities as the
Secretary considers appropriate to carry out the purposes of
this Act.
(b) Priority Uses.--In providing opportunities for
compatible fish and wildlife dependent recreation, the
Secretary, in accordance with paragraphs (3) and (4) of
section 4(a) of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure
that hunting, fishing, wildlife observation and photography,
and environmental education and interpretation are the
priority public uses of the Refuge.
(c) Cooperative Agreements Regarding Nonfederal Lands.--The
Secretary is authorized to enter into cooperative agreements
with the State of Michigan, or any political subdivision
thereof, and with any other person or entity for the
management in a manner consistent with this Act of lands that
are owned by such State, subdivision, or other person or
entity and located within the boundaries of the Refuge and to
promote public awareness of the resources of the Detroit
River International Wildlife Refuge and encourage public
participation in the conservation of those resources.
(d) Use of Existing Greenway Authority.--The Secretary
shall encourage the State of Michigan to use existing
authorities under the Transportation Equity Act for the 21st
Century (TEA-21) to provide funding for acquisition and
development of trails within the boundaries of the Refuge.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department
of the Interior--
(1) such sums as may be necessary for the acquisition of
lands and waters within the Refuge;
(2) such sums as may be necessary for the development,
operation, and maintenance of the Refuge; and
(3) such sums as may be necessary to carry out the study
under section 5(f).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Gilchrest) and the gentleman from West Virginia (Mr.
Rahall) each will control 20 minutes.
The Chair recognizes the gentleman from Maryland (Mr. Gilchrest).
Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I am pleased to present H.R. 1230, an important bill
introduced by the distinguished dean of the House, the honorable
gentleman from Michigan (Mr. Dingell).
The measure has 28 bipartisan cosponsors. Also, the chairman of the
full committee, the gentleman from Utah (Mr. Hansen), lends his support
enthusiastically to this piece of legislation.
The goal of this innovative measure is to establish an international
wildlife refuge along the lower 18 miles of the Detroit River that
flows between the United States and Canada. The river provides a
central habitat for 29 species of waterfowl and 65 different kinds of
fish. It has been designated as a heritage river in both countries, and
it is an important waterfowl corridor for over 3 million ducks, geese,
and swans who annually migrate through this region.
Sadly, up to 95 percent of the original wetlands of the Detroit River
have been lost to development. H.R. 1230 offers a rare opportunity to
protect the remaining high-quality fish and wildlife habitats, to
restore degraded wetland areas, and to encourage international efforts
to promote awareness of the ecosystem resources of the Detroit River.
Under the terms of the original bill, if a corporation donated
property to the Secretary of the Interior for inclusion in the refuge,
then they were protected from future financial responsibility for any
environmental cleanup and its cost. As Members might expect, the
Justice Department and the Office of Management and Budget raised some
concerns about future potential liability for the Federal Government.
In an effort to accommodate those concerns, the author of the bill
has agreed to modify this proposal by deleting the indemnification
provisions in section 7. With this change, any remaining questions
about the impact of this legislation have been alleviated. We on this
side of the aisle greatly appreciate the gentleman from Michigan (Mr.
Dingell) for that effort.
H.R. 1230 has been endorsed by the Governor of Michigan, a member of
the Canadian Parliament, numerous State and local officials, and dozens
of conservation groups, including Ducks, Unlimited, the National
Audubon Society, the National Rifle Association, the Nature
Conservancy, and the Trust for Public Lands.
In his endorsement letter, Governor John Engler noted that the
creation of a new Federal wildlife refuge will certainly enhance the
conservation of the Detroit River and its unique natural, historical,
and cultural resources.
During our hearings, a witness for Ducks, Unlimited, testified that
the new refuge would provide a unique opportunity for international
cooperation between the United States and Canada
[[Page H8395]]
among governmental and nongovernmental partners to protect and restore
the international treasure.
Mr. Speaker, I want to compliment the gentleman from Michigan (Mr.
Dingell) for his outstanding and tireless leadership in proposing the
creation of this new, exciting international wildlife refuge. The
gentleman from Michigan has been a conservation giant in this country,
and this bill is a testament to his ongoing commitment to that effort.
I am pleased to support this measure, and I urge my colleagues to
vote aye on this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield such time as he may consume to the
gentleman from Michigan (Mr. Dingell), the sponsor of this legislation
and the distinguished dean of the House of Representatives, and a very
dear friend of mine.
Mr. DINGELL. Mr. Speaker, I thank my dear friend, the gentleman from
West Virginia (Mr. Rahall). I want to thank him and commend him and the
gentleman from Utah (Mr. Hansen), as well as the gentleman from
Maryland (Mr. Gilchrest), who has just spoken so eloquently on this
matter, and of course the gentleman from Guam (Mr. Underwood) and my
friend, the gentleman from Michigan (Mr. Kildee), for their support.
Mr. Speaker, this is a good piece of legislation. It has bipartisan
support. It is supported by every State, local, and governmental agency
within the area that would be served by this refuge. It is also
supported by all of the private conservation organizations in the area,
including the list that was read by my dear friend, the gentleman from
Maryland (Mr. Gilchrest), whose leadership I want to expressly commend
and congratulate, and I want to thank him again for his leadership.
Mr. Speaker, this is a piece of legislation which is going to do a
great deal of good, and in some surprising ways. There will be very
little additional cost to the Federal Government. It will rely largely
upon donations and largely upon management agreements, easements, and
cooperative undertakings between State, Federal, and local
organizations in the area.
It will make it possible for us to have a lot of land, which will be
of enormous value to fish and wildlife, set aside without impairing the
ownership or the industrial or commercial activities in the area.
It is a proposal which will afford enormous opportunity for us to
increase the conservation values of the area, and to do much to
preserve the fish and wildlife values of the Detroit River.
It will have the full cooperation of our Canadian friends because the
Detroit River is a national heritage river here in the United States
and also in Canada, and cooperation is being given at this time by the
two distinguished members of Parliament on the Canadian side of the
river, the Honorable Herb Gray, the deputy prime minister, and also the
Honorable Susan Whelan, who is working closely with me on these
matters.
This is a good piece of legislation which will afford great
opportunity for us to make a significant contribution to preservation
of the 5 million ducks and geese that fly up and down this river every
spring and fall, and to achieve significant additional advances with
the support of the people and a cooperative program in the
administration of that area.
I give thanks to my dear friend, the gentleman from West Virginia
(Mr. Rahall).
{time} 1930
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Kildee), a member of our Committee on Resources.
Mr. KILDEE. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, Michigan is blessed with many wonderful rivers. The
Detroit River is rich in prehistoric, historic and ecological wonders.
This wildlife refuge near a large metropolitan area will truly be a
blessing for our State and our Nation. This is an opportunity where you
can go from a city and see this beauty, this historical wonder and this
prehistorical wonder.
The Canadian government is also embarking on a similar endeavor on
their side of this international river, and the gentleman from Michigan
(Mr. Dingell) has worked very closely with them on that. I want to
commend the gentleman from Michigan (Mr. Dingell) for his very patient
and persistent work on this bill. The bill passed out of the Committee
on Resources unanimously. It is a bill that we can all be proud of.
Mr. GILCHREST. Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, during his career in this body, the gentleman from
Michigan (Mr. Dingell) has sponsored innumerable measures that have
benefitted our entire Nation and he truly has fought hard for many of
those. However, I believe the bill before us today that he is
sponsoring is truly the stuff of legacy. It is landmark legislation
that will stand as lasting testimony to the gentleman's foresight when
it comes to enhancing the wildlife resources of our country.
I say this is landmark legislation because it provides for the first
time an international wildlife refuge designation. This designation, as
the gentleman has explained, would occur along an 18-mile length of the
Detroit River between the cities of Detroit, Michigan, and Windsor,
Canada.
In this regard, the portion on the U.S. side of this river has
already been designated as an American Heritage River. In addition, the
new international refuge proposed by this bill incorporates into its
boundaries the existing Wyandotte National Wildlife Refuge.
Obviously, fish and wildlife do not recognize political boundaries.
This legislation recognizes that fact, and it does so in a fashion that
vastly enhances the ecosystem of the Detroit River in both the United
States and Canada for the benefit of not only the current but future
generations of citizens of these respective countries.
Again, I commend the gentleman from Michigan (Mr. Dingell) for his
foresight in proposing this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, once again, I would like to compliment the gentleman
from Michigan (Mr. Dingell) on his work in developing this refuge, in
one sense in an international way and in another sense setting a
precedent that can be replicated countless numbers of times across the
Nation where you can bring in an urban landscape and provide habitat
for numerous waterfowl, birds, migrating neo-tropical birds and an
abundance of marine life.
Mr. Speaker, I live off the Chesapeake Bay, and along the shores of
the Chesapeake Bay there are numerous little tidal basins and
estuaries. One of the waterfowl that rests there comes from Alaska, the
tundra swan, with a beautiful whistling sound. But between Alaska and
the Chesapeake Bay, where they spend their winter months, they need a
number of places to stop to provide rest and food for themselves and
their young. And now we can be assured that one of those places that
those tundra swans will stop and rest along their thousands of miles of
journey to the tidal basins of the Chesapeake Bay will be this refuge.
So we in Maryland thank the gentleman from Michigan (Mr. Dingell) and
the gentleman from Michigan (Mr. Kildee) and the staff for putting this
together.
Mr. Speaker, I have no additional requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore (Mr. Isakson). The question is on the motion
offered by the gentleman from Maryland (Mr. Gilchrest) that the House
suspend the rules and pass the bill, H.R. 1230, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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