    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 704]]

    Public Law 108-23
    108th Congress

    An Act

    To expand the boundaries of the Ottawa National Wildlife Refuge Complex
    and the Detroit River International Wildlife Refuge. [NOTE: May 19,
    2003 -  [H.R. 289]]

    Be it enacted by the Senate and House of Representatives of the
    United States of America in [NOTE: Ottawa National Wildlife Refuge
    Complex Expansion and Detroit River International Wildlife Refuge
    Expansion Act. Michigan. Ohio. 16 USC 668dd note.] Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ottawa National Wildlife Refuge
    Complex Expansion and Detroit River International Wildlife Refuge
    Expansion Act''.

    SEC. 2. FINDINGS.

    Congress finds that--
    (1) the western basin of Lake Erie, as part of the Great
    Lakes ecosystem--
    (A) is the largest freshwater ecosystem in the
    world; and
    (B) is vitally important to the economic and
    environmental future of the United States;
    (2) over the 30-year period preceding the date of enactment
    of this Act, the citizens and governmental institutions of the
    United States and Canada have devoted increasing attention and
    resources to the restoration of the water quality and fisheries
    of the Great Lakes, including the western basin;
    (3) that increased awareness has been accompanied by a
    gradual shift toward a holistic ecosystem approach that
    highlights a growing recognition that shoreline areas, commonly
    referred to as nearshore terrestrial ecosystems, are an integral
    part of the western basin and the Great Lakes ecosystem;
    (4) the Great Lakes account for more than 90 percent of the
    surface freshwater in the United States;
    (5) the western basin receives approximately 90 percent of
    its flow from the Detroit River and only approximately 10
    percent from tributaries;
    (6) the western basin is an important ecosystem that
    includes a number of distinct islands, channels, rivers, and
    shoals that support dense populations of fish, wildlife, and
    aquatic plants;
    (7) coastal wetland of Lake Erie supports the largest
    diversity of plant and wildlife species in the Great Lakes;
    (8) because Lake Erie is located at a more southern latitude
    than other Great Lakes, the moderate climate of Lake Erie is
    appropriate for many species that are not found in or along the
    northern Great Lakes;

    [[Page 705]]

    117 STAT. 705

    (9) more than 300 species of plants, including 37
    significant species, have been identified in the aquatic and
    wetland habitats of the western basin;
    (10) the shallow western basin of Lake Erie, extending from
    the Lower Detroit River to Sandusky Bay, is home to the greatest
    concentration of marshes in Lake Erie, including--
    (A) Mouille, Metzger, and Magee marshes;
    (B) the Maumee Bay wetland complex;
    (C) the wetland complexes flanking Locust Point; and
    (D) the wetland in Sandusky Bay;
    (11) the larger islands of the United States in western Lake
    Erie have wetland in small embayments;
    (12) the wetland in the western basin comprises some of the
    most important waterfowl habitat in the Great Lakes;
    (13) waterfowl, wading birds, shore birds, gulls and terns,
    raptors, and perching birds use the wetland in the western basin
    for migration, nesting, and feeding;
    (14) hundreds of thousands of diving ducks stop to rest in
    the Lake Erie area during autumn migration from Canada to points
    east and south;
    (15) the wetland of the western basin provides a major
    stopover for ducks, such as migrating bufflehead, common
    goldeneye, common mergansers, and ruddy duck;
    (16) the international importance of Lake Erie is indicated
    in the United States by congressional designation of the Ottawa
    and Cedar Point National Wildlife Refuges;
    (17)(A) Lake Erie has an international reputation for
    walleye, perch, and bass fishing, recreational boating, birding,
    photography, and duck hunting; and
    (B) on an economic basis, tourism in the Lake Erie area
    accounts for an estimated $1,500,000,000 in retail sales and
    more than 50,000 jobs;
    (18)(A) many of the 417,000 boats that are registered in the
    State of Ohio are used in the western basin, in part to fish for
    the estimated 10,000,000 walleye that migrate from the lake to
    spawn; and
    (B) that internationally renowned walleye fishery drives
    much of the $2,000,000,000 sport fishing industry in the State
    of Ohio;
    (19) coastal wetland in the western basin has been subjected
    to intense pressure for 150 years;
    (20) prior to 1850, the western basin was part of an
    extensive coastal marsh and swamp system consisting of
    approximately 122,000 hectares that comprised a portion of the
    Great Black Swamp;
    (21) by 1951, only 12,407 wetland hectares remained in the
    western basin;
    (22) 50 percent of that acreage was destroyed between 1972
    and 1987, leaving only approximately 5,000 hectares in existence
    today;
    (23) along the Michigan shoreline, coastal wetland was
    reduced by 62 percent between 1916 and the early 1970s;
    (24) the development of the city of Monroe, Michigan, has
    had a particularly significant impact on the coastal wetland at
    the mouth of the Raisin River;

    [[Page 706]]

    117 STAT. 706

    (25) only approximately 100 hectares remain physically
    unaltered today in an area in which, 70 years ago, marshes were
    10 times more extensive;
    (26) in addition to the actual loss of coastal wetland
    acreage along the shores of Lake Erie, the quality of much
    remaining dike wetland has been degraded by numerous stressors,
    especially excessive loadings of sediments and nutrients,
    contaminants, shoreline modification, exotic species, and the
    diking of wetland; and
    (27) protective peninsula beach systems, such as the former
    Bay Point and Woodtick, at the border of Ohio and Michigan near
    the mouth of the Ottawa River and Maumee Bay, have been eroded
    over the years, exacerbating erosion along the shorelines and
    negatively affecting breeding and spawning grounds.

    SEC. 3. DEFINITIONS.

    In this Act:
    (1) International refuge.--The term ``International Refuge''
    means the Detroit River International Wildlife Refuge
    established by section 5(a) of the Detroit River International
    Wildlife Refuge Establishment Act (16 U.S.C. 668dd note; 115
    Stat. 894).
    (2) Refuge complex.--The term ``Refuge Complex'' means the
    Ottawa National Wildlife Refuge Complex and the lands and waters
    in the complex, as described in the document entitled ``The
    Comprehensive Conservation Plan for the Ottawa National Wildlife
    Refuge Complex'' and dated September 22, 2000, including--
    (A) the Ottawa National Wildlife Refuge, established
    by the Secretary in accordance with the Migratory Bird
    Conservation Act (16 U.S.C. 715 et seq.);
    (B) the West Sister Island National Wildlife Refuge
    established by Executive Order No. 7937, dated August 2,
    1937; and
    (C) the Cedar Point National Wildlife Refuge
    established by the Secretary in accordance with the
    Migratory Bird Conservation Act (16 U.S.C. 715 et seq.).
    (3) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.
    (4) Western basin.--
    (A) In general.--The term ``western basin'' means
    the western basin of Lake Erie, consisting of the land
    and water in the watersheds of Lake Erie extending from
    the watershed of the Lower Detroit River in the State of
    Michigan to and including Sandusky Bay and the watershed
    of Sandusky Bay in the State of Ohio.
    (B) Inclusion.--The term ``western basin'' includes
    the Bass Island archipelago in the State of Ohio.

    SEC. 4. EXPANSION OF BOUNDARIES.

    (a) Refuge Complex Boundaries.--
    (1) Expansion.--The boundaries of the Refuge Complex are
    expanded to include land and water in the State of Ohio from the
    eastern boundary of Maumee Bay State Park to the eastern
    boundary of the Darby Unit (including the Bass Island
    archipelago), as depicted on the map entitled ``Ottawa National

    [[Page 707]]

    117 STAT. 707

    Wildlife Refuge Complex Expansion and Detroit River
    International Wildlife Refuge Expansion Act'' and dated
    September 6, 2002.
    (2) Availability of map.--The map referred to in paragraph
    (1) shall be available for inspection in appropriate offices of
    the United States Fish and Wildlife Service.

    (b) Boundary Revisions.--The Secretary may make such revisions of
    the boundaries of the Refuge Complex as the Secretary determines to be
    appropriate to facilitate the acquisition of property within the Refuge
    Complex.
    (c) Acquisition.--
    (1) In general.--Subject to paragraph (2), the Secretary may
    acquire by donation, purchase with donated or appropriated
    funds, or exchange the land and water, and interests in land and
    water (including conservation easements), within the boundaries
    of the Refuge Complex.
    (2) Manner of Acquisition.--Any and all acquisitions of land
    or waters under the provisions of this Act shall be made in a
    voluntary manner and shall not be the result of forced takings.

    (d) Transfers From Other Agencies.--Administrative jurisdiction over
    any Federal property that is located within the boundaries of the Refuge
    Complex and under the administrative jurisdiction of an agency of the
    United States other than the Department of the Interior may, with the
    concurrence of the head of the administering agency, be transferred
    without consideration to the Secretary for the purpose of this Act.
    (e) Study of Associated Area.--
    (1) In general.--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 in and around the 2 dredge spoil disposal sites that
    are--
    (A) referred to by the Toledo-Lucas County Port
    Authority as ``Port Authority Facility Number Three''
    and ``Grassy Island'', respectively; and
    (B) located within Toledo Harbor near the mouth of
    the Maumee River.
    (2) Report.--Not [NOTE: Deadline.] later than 18 months
    after the date of enactment of the Act, the Secretary shall--
    (A) complete the study under paragraph (1); and
    (B) submit to Congress a report on the results of
    the study.

    SEC. 5. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES.

    The southern boundary of the International Refuge is extended south
    to include additional land and water in the State of Michigan located
    east of Interstate Route 75, extending from the southern boundary of
    Sterling State Park to the Ohio State boundary, as depicted on the map
    referred to in section 4(a)(1).

    SEC. 6. ADMINISTRATION.

    (a) Refuge Complex.--
    (1) In general.--The Secretary shall administer all
    federally owned land, water, and interests in land and water
    that are located within the boundaries of the Refuge Complex in
    accordance with--

    [[Page 708]]

    117 STAT. 708

    (A) the National Wildlife Refuge System
    Administration Act of 1966 (16 U.S.C. 668dd et seq.);
    and
    (B) this Act.
    (2) Additional authority.--The Secretary may use such
    additional statutory authority available to the Secretary for
    the conservation of fish and wildlife, and the provision of
    opportunities for fish- and wildlife-dependent recreation, as
    the Secretary determines to be appropriate to carry out this
    Act.

    (b) Additional Purposes.--In addition to the purposes of the Refuge
    Complex under other laws, regulations, Executive orders, and
    comprehensive conservation plans, the Refuge Complex shall be managed--
    (1) to strengthen and complement existing resource
    management, conservation, and education programs and activities
    at the Refuge Complex in a manner consistent with the primary
    purposes of the Refuge Complex--
    (A) to provide major resting, feeding, and wintering
    habitats for migratory birds and other wildlife; and
    (B) to enhance national resource conservation and
    management in the western basin;
    (2) in partnership with nongovernmental and private
    organizations and private individuals dedicated to habitat
    enhancement, to conserve, enhance, and restore the native
    aquatic and terrestrial community characteristics of the western
    basin (including associated fish, wildlife, and plant species);
    (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 Canada, conservation organizations, and
    other non-Federal entities to promote public awareness of the
    resources of the western basin; and
    (4) to advance the collective goals and priorities that--
    (A) were established in the report entitled ``Great
    Lakes Strategy 2002--A Plan for the New Millennium'',
    developed by the United States Policy Committee,
    comprised of Federal agencies (including the United
    States Fish and Wildlife Service, the National Oceanic
    and Atmospheric Administration, the United States
    Geological Survey, the Forest Service, and the Great
    Lakes Fishery Commission) and State governments and
    tribal governments in the Great Lakes basin; and
    (B) include the goals of cooperating to protect and
    restore the chemical, physical, and biological integrity
    of the Great Lakes basin ecosystem.

    (c) 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 Complex.
    (d) Cooperative Agreements Regarding Non-Federal Land.--To promote
    public awareness of the resources of the western basin and encourage
    public participation in the conservation of

    [[Page 709]]

    117 STAT. 709

    those resources, the Secretary may enter into cooperative agreements
    with the State of Ohio or Michigan, any political subdivision of the
    State, or any person for the management, in a manner consistent with
    this Act, of land that--
    (1) is owned by the State, political subdivision, or person;
    and
    (2) is located within the boundaries of the Refuge Complex.

    SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary--
    (1) to acquire land and water within the Refuge Complex
    under section 4(c);
    (2) to carry out the study under section 4(e); and
    (3) to develop, operate, and maintain the Refuge Complex.

    Approved May 19, 2003.

    LEGISLATIVE HISTORY--H.R. 289:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Apr. 1, considered and passed House.
    May 1, considered and passed Senate.