[108th Congress Public Law 23]
[From the U.S. Government Printing Office]
[DOCID: f:publ023.108]
[[Page 703]]
OTTAWA NATIONAL WILDLIFE REFUGE COMPLEX EXPANSION AND DETROIT RIVER
INTERNATIONAL WILDLIFE REFUGE EXPANSION ACT
[[Page 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 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 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 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 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 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:
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CONGRESSIONAL RECORD, Vol. 149 (2003):
Apr. 1, considered and passed House.
May 1, considered and passed Senate.
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