Home > 108th Congressional Bills > H.R. 289 (enr) To expand the boundaries of the Ottawa National Wildlife Refuge Complex and the Detroit River International Wildlife Refuge. [Enrolled bill] ...H.R. 289 (enr) To expand the boundaries of the Ottawa National Wildlife Refuge Complex and the Detroit River International Wildlife Refuge. [Enrolled bill] ...
108th CONGRESS
1st Session
H. R. 289
_______________________________________________________________________
AN ACT
To expand the boundaries of the Ottawa National Wildlife Refuge Complex
and the Detroit River International Wildlife Refuge.
108th CONGRESS
1st Session
H. R. 289
_______________________________________________________________________
AN ACT
To expand the boundaries of the Ottawa National Wildlife Refuge Complex
and the Detroit River International Wildlife Refuge.
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 ``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;
(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;
(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
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 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--
(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
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