[House Report 107-270]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-270

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



 
     DETROIT RIVER INTERNATIONAL WILDLIFE REFUGE ESTABLISHMENT ACT

                                _______
                                

November 5, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1230]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred 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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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. INDEMNIFICATION.

  (a) In General.--Whenever any person donates to the United States in 
fee simple real property located within the boundaries of the Refuge, 
if--
          (1) the State of Michigan has determined that such property 
        meets applicable State standards regarding the presence of 
        hazardous substances, pollutants or contaminants, or petroleum 
        or petroleum derivatives, and
          (2) the Secretary determines, after public review and 
        comment, that the acquisition of such real property by the 
        United States will further the purposes of the refuge and is 
        otherwise in the public interest,
the Secretary is authorized to hold harmless, defend, and indemnify 
such person in full from and against any suit, demand, or action, 
liability, judgment, cost, or fee arising out of any claim or order 
that results from, or is in any manner predicated upon, the release or 
threatened release of, any hazardous substance, pollutant, or 
contaminant, or petroleum or petroleum derivative on such real 
property. Such indemnification may be provided at the same time as the 
owner of the property donates and transfers the property to the United 
States.
  (b) Benefits and Risks.--In determining whether indemnification under 
this section is in the public interest, the Secretary shall consider 
whether the benefits to the United States of acquiring the real 
property concerned outweigh the risks associated with the known or 
potential contamination.
  (c) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with granting 
indemnification under this section as he considers appropriate to 
protect the interests of the United States.
  (d) Definition.--As used in this section, the term ``Secretary'' 
means the Secretary of the Interior acting through the Director of the 
United States Fish and Wildlife Service.

SEC. 8. 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).

                          purpose of the bill

    The purpose of H.R. 1230 is to provide for the 
establishment of the Detroit River International Wildlife 
Refuge in the State of Michigan.

                  background and need for legislation

    The Detroit River, which connects the Upper and Lower Great 
Lakes, is an international waterway that flows through a 
metropolitan region of over five million people. The Detroit 
River originally had extensive marshes along its banks and 
expansive upland habitat supporting abundant wildlife. However, 
an estimated 95 percent of the original wetlands have been lost 
due to development.
    This legislation establishes the Detroit River 
International Wildlife Refuge in the area of the Lower Detroit 
River defined as the downstream reach of the river from the 
confluence of the Rouge River to the mouth of Lake Erie. The 
proposed refuge would protect remaining high-quality fish and 
wildlife habitats, authorize international efforts to conserve, 
restore, and manage the fish and wildlife habitats both in 
Canada and the United States, and encourage cooperation to 
promote public awareness of the resources of the Detroit River.
    The boundaries begin at the point in Michigan directly 
across from the northernmost point of Ojibway Shores, and 
extend to the southern boundary of Sterling State Park. This 
area contains shipping channels, numerous shoals that support 
dense stands of aquatic plants, and many islands, five of which 
are Canadian. These numerous distinct channels and other unique 
habitats attract and sustain more than 29 species of waterfowl 
and 65 aquatic species. In addition, this area serves as a 
major migration corridor for a variety of wildlife.
    The existing Wyandotte National Wildlife Refuge is included 
within these boundaries, and will become part of the Detroit 
River International Wildlife Refuge. All federal property 
located within the new boundary will fall under the 
jurisdiction of the Secretary of the Interior. Any private 
lands within the refuge boundary may only be acquired with 
consent of the owner through purchase or exchange of land, 
water, or other interests, including conservation easements.
    The Detroit River International Wildlife Refuge will be 
managed in accordance with the National Wildlife Refuge System 
Improvement Act of 1997, and provide opportunities for 
compatible fish and wildlife dependent recreation. Accordingly, 
activities such as hunting, fishing, wildlife observation, 
photography, and environmental education and interpretation, 
will be priority public uses.

                            committee action

    H.R. 1230 was introduced on March 27, 2001, by Congressman 
John D. Dingell (D-MI) and was referred to the Committee on 
Resources and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans. On June 21, 2001, 
the Subcommittee held a hearing on the bill. On July 19, 2001, 
the Subcommittee met to mark up the bill. Congressman Robert A. 
Underwood (D-GU) offered an amendment that directed the U.S. 
Fish and Wildlife Service to assess whether any fish and 
wildlife habitats and aquatic communities in the northern half 
of the Detroit River could be added to this new refuge in the 
future. The amendment was adopted by voice vote. The bill, as 
amended, was then forwarded to the Full Resources Committee by 
voice vote. On September 12, 2001, the full Resources Committee 
met to consider the bill. An amendment in the nature of a 
substitute authored by Congressman Wayne T. Gilchrest (R-MD) 
was offered that made a number of technical and clarifying 
changes to the bill. In particular, the amendment re-drafted 
Section 7 to ensure that any indemnification protection is 
discretionary, that the public will have an opportunity to 
comment on any proposed indemnification offers in the future 
and that the Secretary of the Interior may require additional 
conditions to protect the interest of the United States. The 
amendment was adopted by unanimous consent. The bill, as 
amended, was then ordered favorably reported to the House of 
Representatives by unanimous consent.

            committee oversight findings and recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   constitutional authority statement

    Article I, section 8, and Article IV, section 3, of the 
Constitution of the United States, grant Congress the authority 
to enact this bill.

                  compliance with the house rule xiii

    1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act.--As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives.--As required 
by clause 3(c)(3) of rule XIII, the general performance goal or 
objective of this bill is to provide for the establishment of 
the Detroit River International Wildlife Refuge in the State of 
Michigan.
    4. Congressional Budget Office Cost Estimate.--Under clause 
3(c)(3) of Rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 29, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1230, the Detroit 
River International Wildlife Refuge Establishment Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1230--Detroit River International Wildlife Refuge Establishment 
        Act

    Summary: H.R. 1230 would establish the Detroit River 
International Wildlife Refuge in Michigan and Canada. Assuming 
appropriation of the necessary amounts, CBO estimates that 
initial costs to establish the new refuge would be between $13 
million and $21 million over the five years following 
enactment. Recurring costs to administer the refuge would be 
about $0.7 million annually, also assuming appropriation of the 
necessary amounts. Other costs of implementing H.R. 1230, such 
as environmental cleanup and restoration, are uncertain but 
could reach many times the initial investment over several 
years. Enacting H.R. 1230 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would have no significant impact on the budgets of state, 
local, or tribal governments.
    Major provisions: The Detroit River International Wildlife 
Refuge would encompass over 5,400 acres of land around the 
Detroit River, including the existing Wyandotte National 
Wildlife Refuge. The bill would authorize the U.S. Fish and 
Wildlife Service (USFWS) to acquire, by donation, purchase, or 
exchange, land and other interests within the new boundary. In 
addition to managing federally owned acreage within the refuge, 
the USFWS could execute cooperative agreements for the 
management of refuge lands that remain in state, local or 
private ownership. The agency also would conduct a study of the 
north reach of the Detroit River for potential future inclusion 
in the refuge. To carry out these activities, the bill would 
authorize the appropriation of whatever sums are necessary. 
Finally, H.R. 1230 would authorize the Secretary of the 
Interior to indemnify persons who donate refuge lands to the 
federal government from any liability or cost due to the 
presence of hazardous substances or other pollution on this 
property.

Estimated cost to the Federal Government

    The initial $13 million to $21 million cost of implementing 
H.R. 1230 would cover activities such as planning, land 
acquisition, and basic development. We estimate that planning 
(including the preparation of conservation plan documents, 
environmental assessments, and studies) would cost about $1 
million over the first 2 years. Land acquisition costs are 
uncertain, but would probably be between $5 million and $10 
million over five years. (CBO expects that the USFWS would not 
purchase much of the 5,400 acres within the refuge boundary 
because most of this land is either located in Canada, already 
protected by government agencies or nonprofit organizations, or 
badly contaminated with pollutants.)
    In addition to these initial costs, we estimate that 
developing at least one site for visitor and administrative use 
(including demolition of existing man-made structures and 
building trails, parking lots, a visitor center, and other 
facilities) would cost between $7 million to $10 million. In 
addition we estimate that managing the new refuge would 
increase USFWS operating costs by about $700,000 annually. All 
of these costs would be subject to the appropriation of the 
necessary amounts.
    Finally, implementing the legislation could result in 
significant costs for land restoration, decontamination, and 
indemnification for current property owners. Such costs are 
uncertain because they would depend on how much land the USFWS 
would acquire, the condition of that land for conservation 
purposes, and the type and extent of contamination present (if 
any).
            Restoration costs
    CBO expects that a significant portion of land within the 
proposed refuge would require some level of restoration. The 
USFWS would be responsible for all of these costs on any lands 
it acquires and also could share the cost of restoring 
nonfederal property within the refuge under cooperative 
agreements with landowners. The total costs of these activities 
cannot be estimated in the absence of a land acquisition plan 
for the refuge and a specific environmental assessment of each 
parcel. Land restoration costs could be significant, however--
the cost of similar work undertaken by the USFWS and by 
nonprofit organizations has ranged from $500 to $1,000 per 
acre. Restoration activities could include removing old 
seawalls on riverfront property, demolishing buildings and 
other facilities at former industrial sites, recreating 
wetlands, and re-seeding wetlands and grasslands with local 
plant species.
            Decontamination and indemnification costs
    While CBO assumes that the USFWS would try to avoid 
acquiring land for the refuge that is contaminated with 
hazardous waste or other pollutants, acquisition of such land 
is authorized by the bill and could occur. Estimated costs to 
clean up contaminated sites vary widely: previous cleanup 
projects at other refuges where the USFWS has discovered 
contamination have cost the agency anywhere from $3,000 per 
acre to over $1 million per acre. Cleanup activities range from 
capping contaminants under barriers to more-expensive solutions 
such as removing or incinerating contaminated soil.
    Finally, the federal government could incur significant 
additional costs if the Secretary of the Interior accepts 
donations of contaminated land and agrees to indemnify the 
donors against any potential liability resulting from that 
contamination. If the donated land is contaminated and the 
donor was held to be liable, the federal government would 
ultimately pay the full costs of any judgment awarded because 
of contamination. Because it is impossible to predict the 
likelihood or outcome of such a sequence of events, CBO cannot 
estimate the costs of indemnification.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: The bill 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would have no significant impact on the 
budgets of state, local, or tribal governments.
    Estimate prepared by: Federal costs: Deborah Reis; impact 
on State, local, and tribal governments: Marjorie Miller; 
impact on the private sector: Lauren Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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