[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 289 Enrolled Bill (ENR)]
H.R.289
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
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,

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

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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.

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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.

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(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.

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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).

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(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 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 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.

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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act — HR. 289

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