[Senate Report 107-112]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 264
107th Congress                                                   Report
                                 SENATE
 1st Session                                                    107-112

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     DETROIT RIVER INTERNATIONAL WILDLIFE REFUGE ESTABLISHMENT ACT

                                _______
                                

                December 7, 2001.--Ordered to be printed

                                _______
                                

   Mr. Jeffords, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 835]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 835) to establish the Detroit River 
International Wildlife Refuge in the State of Michigan, and for 
other purposes, having considered the same reports favorably 
thereon with amendments and recommends that the bill, as 
amended, do pass.

                    General Statement and Background

    The National Wildlife Refuge System is the most 
comprehensive system of lands devoted to wildlife protection 
and management in the world. Currently, there are 526 refuges 
in the United States and territories, providing important 
habitat for 700 bird species, 220 mammal species, 250 species 
of amphibians and reptiles, and over 200 fish species. The 
refuges range in size from less than one acre at the Mile Lac 
National Wildlife Refuge in Minnesota, to 19.2 million acres in 
the Arctic National Wildlife Refuge in Alaska. Each year the 
refuge system attracts more than 34 million visitors who 
participate in a variety of recreational activities including 
observing and photographing wildlife, fishing, hunting and 
taking part in system-sponsored educational programs.
    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.
    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.

                     Objectives of the Legislation

    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 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.

                      Section-by-Section Analysis

Section 1. Short Title
    This Act may be cited as the ``Detroit River International 
Wildlife Refuge Establishment Act''.
Section 2. Findings
    This Section elaborates on the need for establishing the 
Detroit River International Wildlife Refuge because the Detroit 
River:
      links the upper and lower Great Lakes, as well as 
the United States and Canada;
      has unique channels, shoals, islands and 
habitats;
      is a major migration corridor for fish, 
butterflies, and raptors and other birds and waterfowl, as well 
as a breeding area for about 150 species of birds;
      provides diverse biota and habitats;
      has lost over 95 percent of its costal wetland 
habitat; and
      because protection of the remaining wildlife 
habitats and restoration of degraded wildlife habitats is 
essential to sustaining the quality of life enjoyed by people 
living along the Detroit River.
Section 3. Definitions
    This Section defines the Detroit River, Refuge, Secretary 
and State. For purposes of this Act, Detroit River means the 
land and water within the area described in Section 4; Refuge 
means the Detroit River International Wildlife Refuge 
established by Section 4; Secretary means the Secretary of the 
Interior; and State means the State of Michigan.
Section 4. Establishment of Refuge
    Subsection (a) establishes the boundaries for the Detroit 
River International Wildlife Refuge, as depicted on the map 
entitled ``Detroit River International Wildlife Refuge 
Proposed'' and dated July 30, 2001.
    Subsection (b) requires the Secretary to keep a map of the 
refuge available for inspection in appropriate offices of the 
U.S. Fish and Wildlife Service.
    Subsection (c) includes the Wyandotte National Wildlife 
Refuge in the newly created Detroit River International 
Wildlife Refuge and repeals the law establishing the Wyandotte 
Refuge.
    Subsection (d) gives the Secretary discretionary authority 
to revise the Refuge boundaries as appropriate.
    Subsection (e) allows the Secretary to acquire by donation, 
purchase with donated or appropriated funds, or exchange the 
land, water, and interests in land or water within the Refuge 
only from willing sellers.
    Subsection (f) allows the property located within the 
Refuge that is under the administrative jurisdiction of another 
Federal agency, to be transferred without consideration to the 
administrative jurisdiction of the Secretary.
Section 5. Administration
    Subsection (a) authorizes the Secretary to administer the 
Detroit River International Wildlife Refuge in accordance with 
the National Wildlife Refuge System Administration Act of 1966 
and gives the Secretary discretionary authority to use other 
statutory authority to carry out this Act.
    Subsection (b) directs the Secretary to conserve, restore 
and enhance the native aquatic and terrestrial community 
characteristic of the Detroit River.
    Subsection (c) establishes the purposes of the Refuge to 
be: protecting the remaining high-quality fish and wildlife 
habitats of the Detroit River; restoring and enhancing degraded 
wildlife habitats associated with the river; cooperating in 
international efforts to conserve, restore, and manage the fish 
and wildlife habitats associated with the Detroit River in the 
United States and Canada; and encouraging cooperation in 
facilitating partnerships among the U.S. 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.
    Subsection (d) gives priority to uses of the Refuge to fish 
and wildlife oriented recreation to those opportunities under 
the National Wildlife Refuge System Administration Act of 1966 
and the National Wildlife Refuge System Improvement Act of 
1998.
    Subsection (e) allows hunting and fishing within the Refuge 
in accordance with Federal and State law and allows the 
Secretary to establish zones where and times when hunting or 
fishing shall not be permitted. This limitation would be based 
on public safety, administration, fish and wildlife management 
or public use and enjoyment. Such permits or prohibitions must 
be in consultation with the State fish and wildlife agency.
    Subsection (f) gives the Secretary discretionary authority 
to enter into cooperative agreements with non-Federal entities 
to manage the land or water of the Refuge and to promote public 
awareness of the resources of the Refuge and encourage public 
participation in the conservation of the resources of the 
Refuge.
    Subsection (g) directs the Secretary to encourage the State 
to provide funding for acquisition and development of trails 
within the Refuge.
Section 6. Indemnification
    Subsection (a) authorizes the Secretary to hold harmless, 
defend, and indemnify any person who donates property for the 
Refuge from and against any suit, demand, or action, liability, 
judgment, cost or fee arising from any hazardous substance, 
pollutant, or contaminant on the property. The State must 
determine that the property meets applicable state standards 
and the Secretary must determine, after public review and 
comment, that the property will further the purposes of the 
Refuge and is in the public interest.
    Subsection (b) requires the Secretary to consider whether 
the benefits to the United States of acquiring the real 
property concerned outweigh the risks associated with known or 
potential contamination.
    Subsection (c) allows the Secretary to require any 
additional terms and conditions in connection with granting 
indemnification as he considers appropriate to protect the 
interest of the United States.
    Subsection (d) defines Secretary as the Secretary of the 
Interior acting through the Director of the U.S. Fish and 
Wildlife Service.
Section 7. Authorization of Appropriations
    This Section authorizes such sums as are necessary for 
acquisition of land, water, and interests in land or water 
within the Refuge and for the development, operation, and 
maintenance of the Refuge.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 835 on November 8, 2001. The committee agreed to an 
amendment by Senator Jeffords by a voice vote and agreed to the 
bill as amended by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 835 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S.835 would impose 
no unfunded mandates on State, local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:
S. 835, Detroit River International Wildlife Refuge Establishment Act, 
        as ordered reported by the Senate Committee on Environment and 
        Public Works on November 8, 2001

                                SUMMARY

    S. 835 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 S. 835, such as environmental 
cleanup and restoration, are uncertain but could reach many 
times the initial investment over several years. Enacting this 
legislation 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 impose no costs on 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. To 
carry out these activities, the bill would authorize the 
appropriation of whatever sums are necessary. Finally, S. 835 
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 
S. 835 would cover activities such as planning, land 
acquisition, and basic development. CBO estimates that planning 
(including the preparation of conservation plan documents, 
environmental assessments, and studies) would cost about $1 
million over the first two 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, CBO estimates that 
developing at least one site for visitor and administrative use 
(including demolishing existing man-made structures and 
building trails, parking lots, a visitor center, and other 
facilities) would cost between $7 million and $10 million. 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, re-creating 
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

    S. 835 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on state, 
local, or tribal governments.

                       PREVIOUS CBO COST ESTIMATE

    On October 29, 2001, CBO prepared a cost estimate for H.R. 
1230, the Detroit River International Wildlife Refuge 
Establishment Act, as ordered reported by the House Committee 
on Resources on September 12, 2001. H.R. 1230 and S. 835 are 
very similar, and the estimated costs of the two versions of 
the legislation are identical.
Estimate Prepared by: Federal Costs: Deborah Reis; Impact on 
Sate, Local, and Tribal Governments: Marjorie Miller; Impact on 
the Private Sector: Lauren Marks.

Estimate Approved by: Robert A. Sunshine, Assistant Director 
for Budget Analysis.

                        Changes in Existing Law

    Section 12 of rule XXVI of the Standing Rules of the 
Senate, provides that reports to the Senate should show changes 
in existing law made by the bill as reported. Passage of this 
bill will make no changes to existing law.

                                  
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