[Congressional Record (Bound Edition), Volume 147 (2001), Part 16]
[House]
[Pages 23056-23058]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 23056]]

     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 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;

[[Page 23057]]

       (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 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

[[Page 23058]]

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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