[107th Congress Public Law 91]
[From the U.S. Government Printing Office]
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[DOCID: f:publ091.107]
[[Page 893]]
DETROIT RIVER INTERNATIONAL WILDLIFE REFUGE ESTABLISHMENT ACT
[[Page 115 STAT. 894]]
Public Law 107-91
107th Congress
An Act
To provide for the establishment of the Detroit River International
Wildlife Refuge in the State of Michigan, and for other
purposes. <<NOTE: Dec. 21, 2001 - [H.R. 1230]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Detroit River International
Wildlife Refuge Establishment Act. 16 USC 668dd note.>> 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.
[[Page 115 STAT. 895]]
(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,
[[Page 115 STAT. 896]]
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. <<NOTE: Deadline. Reports.>> Not later than 18 months after the
date of the 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 et seq.) and this Act. The Secretary
may use such additional statutory authority as may be available for the
conservation of fish and wildlife, and
[[Page 115 STAT. 897]]
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;
(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).
Approved December 21, 2001.
LEGISLATIVE HISTORY--H.R. 1230 (S. 835):
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HOUSE REPORTS: No. 107-270 (Comm. on Resources).
SENATE REPORTS: No. 107-112 accompanying S. 835 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 147 (2001):
Nov. 27, considered and passed House.
Dec. 7, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Dec. 21, Presidential statement.
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