article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Lake Erie Western Basin International Wildlife Refuge Establishment Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The western basin of Lake Erie, as part of the Great Lakes ecosystem, the largest freshwater ecosystem on the face of the Earth, is vitally important to the economic and environmental future of the United States. (2) Over the past three decades, the citizens and governmental institutions of both 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. This increased awareness has been accompanied by a gradual shift to a holistic ``ecosystem approach'' that highlights a growing recognition that shoreline areas--the nearshore terrestrial ecosystems--are an integral part of the western basin and the Great Lakes ecosystem as a whole. (3) The Great Lakes account for more than 90 percent of the surface freshwater in the nation. The western basin receives approximately 90 percent of its flow from the Detroit River and only approximately 10 percent from tributaries. (4) The western basin of Lake Erie 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. (5) The coastal wetlands of Lake Erie support the largest diversity of plant and wildlife species in the Great Lakes. The moderate climate of Lake Erie and its more southern latitude allow for many species that are not found in or along the northern Great Lakes. More than 300 species of plants, including 37 significant species, have been identified in the aquatic and wetland habitats of the western basin. (6) The shallow western basin, from the Lower Detroit River to Sandusky Bay, is home to the largest concentration of marshes in Lake Erie, including Mouille, Metzger, and Magee marshes, the Maumee Bay wetland complex, the wetland complexes flanking Locust Point, and the wetlands in Sandusky Bay. The larger United States islands in western Lake Erie have wetlands in the small ebayments. (7) The wetlands in the western basin of Lake Erie comprise as some of the most important waterfowl habitat in the Great Lakes. Waterfowl, wading birds, shore birds, gulls and terns, raptors, and perching birds all use the western basin wetlands for migration, nesting, and feeding. Hundreds of thousands of diving ducks stop to rest in the Lake Erie area on their fall migration from Canada to the east and south. The wetlands of the western basin provide a major stopover for sea ducks such as migrating bufflehead, common goldeneye, common mergansers, and ruddy duck. (8) The international importance of Lake Erie is manifested in the United States congressional designation of the Ottawa and Cedar Point National Wildlife Refuges. (9) Lake Erie has an international reputation for walleye, perch, and bass fishing, recreational boating, birding, photography, and duck hunting. On an economic basis, Lake Erie tourism accounts for an estimate $1,500,000,000 in retail sales and more than 50,000 jobs. (10) Many of the 417,000 boats that are registered in Ohio are used in the western basin of Lake Erie, in part to fish for the estimated 10,000,000 walleye that migrate from the lake to spawn. This internationally renowned walleye fishery drives much of Ohio's $2,000,000,000 sport fishing industry. (11) Coastal wetlands in the western basin have been subjected to intense pressure for 150 years. Prior to 1850, the western basin was part of an extensive coastal marsh and swamp system of approximately 122,000 hectares that comprised a portion of the Great Black Swamp. By 1951, only 12,407 wetland hectares remained in the western basin. Half of that acreage was destroyed between 1972 and 1987. Therefore, today only approximately 5,000 hectares remain. Along the Michigan shoreline, coastal wetlands were reduced by 62 percent between 1916 and the early 1970s. The development of the city of Monroe has had a particularly significant impact on the coastal wetlands at the mouth of the Raisin River: only approximately 100 hectares remain physically unaltered today in an area where 70 years ago marshes were 10 times more extensive. In addition to the actual loss of coastal wetland acreage along the shores of Lake Erie, the quality of many remaining wetlands has been degraded by numerous stressors, especially excessive loadings of sediments and nutrients, contaminants, shoreline modification, exotic species, and the diking of wetlands. 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 impacting the breeding and spawning grounds. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Refuge'' means the Lake Erie Western Basin International Wildlife Refuge established by section 5. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Lake Erie Western Basin'' 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 western basins of Lake Erie before they are lost to further development and to restore and enhance degraded wildlife habitats associated with the western basin of Lake Erie. (2) To assist in international efforts to conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the western basin of Lake Erie (including associated fish, wildlife, and plant species), both in the United States and Canada in partnership with nongovernmental and private organizations, as well as private individuals dedicated to habitat enhancement. (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 western basin of Lake Erie. (4) To advance the collective goals and priorities established in the ``Great Lakes Strategy 2002--A Plan for the New Millennium'', by the United States Policy Committee comprised of various Federal agencies, including the United States Fish and Wildlife Service, the Environmental Protection Agency, the Army Corps of Engineers, the National Oceanic and Atmospheric Administration, the United States Geological Survey, the Agency for Toxic Substances and Disease Registry, the Forest Service, and the Great Lakes Fishery Commission, as well as the State governments and tribal governments in the Great Lakes. These goals, broadly stated, include working together to protect and restore the chemical, physical, and biological integrity of the Great Lakes basin ecosystem. SEC. 5. ESTABLISHMENT OF REFUGE. (a) Boundaries.--There is hereby established the Lake Erie Western Basin International Wildlife Refuge, consisting of the lands and waters owned or managed by the Secretary pursuant to this Act in the State of Michigan from the southern boundary of Sterling State Park to the eastern edge of Sandusky Bay, as depicted upon the map entitled ``Lake Erie Western Basin International Wildlife Refuge Proposed'', dated May 12, 2002, which shall be available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Existing Refuge Lands.--The Ottawa National Wildlife Refuge and the Cedar Point National Wildlife Refuge are hereby included within, and shall be a part of, the Lake Erie Western Basin International Wildlife Refuge. All references to the Ottawa and Cedar Point national wildlife refuges shall hereafter be treated as references to the Lake Erie Western Basin 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. Any and all acquisitions of lands or waters under the provisions of this Act shall be made in a voluntary manner and shall not be the result of forced takings. (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 Maumee River, from its mouth to an appropriate juncture along the Maumee River Heritage Corridor between Toledo and Fort Wayne, Indiana. 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 of 1966 (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 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 Non-Federal Lands.--The Secretary is authorized to enter into cooperative agreements with the State of Ohio or 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 Lake Erie Western Basin 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 Ohio to use existing authorities under the Transportation Equity Act for the 21st Century to provide funding for acquisition and development of trails within the boundaries of the Refuge.
summary: Lake Erie Western Basin International Wildlife Refuge Establishment Act - Establishes the Lake Erie Western Basin International Wildlife Refuge (Refuge), Michigan and Ohio. Includes the Ottawa National Wildlife Refuge and the Cedar Point National Wildlife Refuge within it.Authorizes the Secretary of the Interior to: (1) revise Refuge boundaries to carry out its purposes or to facilitate the acquisition of property; and (2) acquire by donation, purchase, or exchange the lands and waters or interests within such boundaries. Provides for transfers from other agencies.Requires the Secretary, acting through the Director of the U.S. Fish and Wildlife Service, to conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the Maumee River.Directs the Secretary to: (1) administer all federally owned lands, waters, and interests within the Refuge; (2) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge; and (3) encourage Ohio to use existing authorities under the Transportation Equity Act for the 21st Century to provide funding for acquisition and development of trails within the Refuge.Authorizes the Secretary to enter into cooperative agreements regarding non-Federal lands.