To establish the Detroit River International Wildlife Refuge in the State of Michigan, and for other purposes.

May 4, 2001

Mr. LEVIN (for himself and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To establish the Detroit River International Wildlife Refuge in the State of Michigan, and for other purposes.

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.

Congress finds that--

(1) the Detroit River, 1 of North America's greatest rivers, was created about 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 and Canada;

(3)(A) the lower Detroit River ecosystem is unique, with a number of distinct channels, numerous shoals that support dense stands of aquatic plants, and many islands; and

(B) the unique habitats and ecological features attract as many as 29 species of waterfowl and 65 species of fish;

(4)(A) the Detroit River is a major migration corridor for fish, butterflies, and raptors and other birds in addition to waterfowl; and

(B) more than 300 species of bird have been documented in the Detroit-Windsor area, of which about 150 species breed in the immediate area;

(5)(A) because the Great Lakes are situated at the intersection of the Atlantic and Mississippi flyways, the Detroit River is an important waterfowl migration corridor; and

(B) 3,000,000 ducks, geese, swans, and coots migrate annually through the Great Lakes region;

(6) the importance of the corridor is recognized in the Canada-United States North American Waterfowl Management Plan, which identifies the Detroit River as part of 1 of 34 Waterfowl Habitat Areas of Major Concern in the United States and Canada;

(7) approximately 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;

(8) the international importance of the lower Detroit River area is manifested in the designation of the 460-acre Wyandotte National Wildlife Refuge by Public Law 87-119 (16 U.S.C. 668dd note);

(9)(A) Canada's Canard River Marsh Complex, an internationally significant waterfowl staging area, is 1 of the main resting and feeding areas for canvasbacks migrating from their nesting grounds in the Canadian prairies to the east coast; and

(B) many canvasbacks winter in the area as well;

(10)(A) the diversity of biota and habitats in the lower Detroit River ecosystem provides substantial benefits to the more than 5,000,000 people who live in the vicinity;

(B) the lower Detroit River has an international reputation for duck hunting; and

(C) sales related to waterfowl hunting, birding, photography, and other nonconsumptive uses of waterfowl contribute hundreds of millions of dollars annually to the regional economy;

(11)(A) 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 from Lake Erie each spring to spawn; and

(B) the 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)(A) all of the natural resource values and socioeconomic benefits described in the preceding paragraphs were acclaimed when the Detroit River was designated as an American Heritage River in 1998; and

(B) 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 the importance of the habitats, the habitats continue to be destroyed and degraded; and

(14) protection of remaining wildlife habitats and restoration of degraded wildlife habitats is essential to sustaining the quality of life enjoyed by so many people living along the Detroit River.

SEC. 3. DEFINITIONS.

In this Act:

(1) DETROIT RIVER- The term `Detroit River' means the land and water within the area described in section 4.

(2) REFUGE- The term `Refuge' means the Detroit River International Wildlife Refuge established by section 4(a).

(3) SECRETARY- The term `Secretary' means the Secretary of the Interior.

(4) STATE- The term `State' means the State of Michigan.

SEC. 4. ESTABLISHMENT OF REFUGE.

(a) BOUNDARIES- There is established the Detroit River International Wildlife Refuge, consisting of the land and water in the State within the area extending from the

point in Michigan directly across the river from the northernmost point of Ojibuway Shores to the southern boundary of Sterling State Park, as depicted on the map entitled `Detroit River International Wildlife Refuge Proposed' and dated XXXX, 2001.

(b) MAP- The Secretary shall keep a map of the Refuge available for inspection in appropriate offices of the United States Fish and Wildlife Service.

(c) WYANDOTTE NATIONAL WILDLIFE REFUGE-

(1) INCLUSION- The area described in subsection (a) includes the Wyandotte National Wildlife Refuge.

(2) REPEAL OF ACT ESTABLISHING WYANDOTTE NATIONAL WILDLIFE REFUGE- Public Law 87-119 (16 U.S.C. 668dd note) is repealed.

(3) REFERENCES- Any reference in a law, regulation, map, document, paper, or other record of the United States to the Wyandotte National Wildlife Refuge shall be deemed to be a reference to the Refuge.

(d) BOUNDARY REVISIONS- The Secretary may make such minor revisions to the boundaries of the Refuge as are appropriate to carry out the purposes of the Refuge and to facilitate the acquisition of land, water, and interests in land or water within the Refuge.

(e) ACQUISITIONS-

(1) IN GENERAL- The Secretary may acquire by donation, purchase with donated or appropriated funds, or exchange the land, water, and interests in land or water (including conservation easements) within the Refuge.

(2) CONSENT- No land, water, or interest in land or water may be acquired without the consent of the owner.

(f) TRANSFERS FROM OTHER AGENCIES- Any property located within the Refuge that is under the administrative jurisdiction of another Federal agency may, with the concurrence of the head of the agency, be transferred without consideration to the administrative jurisdiction of the Secretary.

SEC. 5. ADMINISTRATION.

(a) APPLICABLE LAW-

(1) IN GENERAL- The Secretary shall administer all federally owned land, water, and interests in land or water within the Refuge in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and this Act.

(2) OTHER AUTHORITY- The Secretary may use such additional statutory authority as is available for the conservation of fish and wildlife and the provision of fish- and wildlife-oriented recreational opportunities as the Secretary considers appropriate to carry out this Act.

(b) COMMUNITY CHARACTERISTICS- In administering the Refuge, the Secretary shall conserve, restore, and enhance the native aquatic and terrestrial community characteristics of the Detroit River (including associated fish, wildlife, and plant species).

(c) PURPOSES- The purposes for which the Refuge shall be managed are--

(1) to protect the remaining high-quality fish and wildlife habitats of the Detroit River before the habitats are lost to further development;

(2) to restore and enhance degraded wildlife habitats associated with the Detroit River;

(3) to cooperate 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

(4) to encourage cooperation in facilitating 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.

(d) PRIORITY USES- In providing opportunities for compatible fish- and wildlife-oriented recreation, the Secretary shall ensure, to the maximum extent practicable, that the Refuge is used for priority uses under--

(1) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); and

(2) the National Wildlife Refuge System Improvement Act of 1998 (16 U.S.C. 668dd note; Public Law 105-312).

(e) HUNTING AND FISHING-

(1) IN GENERAL- The Secretary shall permit hunting and fishing on Federal land and water within the Refuge in accordance with applicable Federal and State law.

(2) LIMITATIONS- The Secretary may designate zones where, and establish periods when, hunting or fishing shall not be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment.

(3) REGULATIONS- Except in an emergency, any regulation promulgated by the Secretary under this subsection shall become effective only after consultation with the fish and wildlife agency of the State.

(f) COOPERATIVE AGREEMENTS REGARDING NON-FEDERAL LAND- The Secretary may--

(1) enter into cooperative agreements with the State, or a political subdivision of the State, and with any other person or entity for the management in a manner consistent with this Act of land or water owned by the State, political subdivision, or other person or entity and located within the Refuge;

(2) promote public awareness of the resources of the Refuge; and

(3) encourage public participation in the conservation of the resources of the Refuge.

(g) USE OF EXISTING GREENWAY AUTHORITY- The Secretary shall encourage the State to use authority under section 206 of title 23, United States Code, to provide funding for acquisition and development of trails within the Refuge.

SEC. 6. INDEMNIFICATION.

(a) IN GENERAL- If--

(1) a person donates to the United States in fee simple real property located within the Refuge;

(2) the appropriate State official determines that the property meets applicable State standards regarding the presence of hazardous substances, pollutants, contaminants, petroleum, or petroleum derivatives; and

(3) the President determines that the acquisition of the property by the United States will further the purposes of the Refuge and is otherwise in the public interest;

the President may hold harmless, defend, and indemnify the person in full from any suit, demand, action, liability, judgment, cost, or fee arising out of any claim or order that results from, or is predicated on, the release or threatened release of any hazardous substance, pollutant, contaminant, petroleum, or petroleum derivative on the property.

(b) TIMING- Indemnification under subsection (a) may be provided at the time at which the owner of the property conveys the property to the United States.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary for--

(1) the acquisition of land, water, and interests in land or water within the Refuge; and

(2) the development, operation, and maintenance of the Refuge.

END