[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1845 Referred in Senate (RFS)]

103d CONGRESS
  1st Session
                                H. R. 1845


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             November 1 (legislative day, October 13), 1993

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
 To establish the Biological Survey in the Department of the Interior.

    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 ``National Biological Survey Act of 
1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The Department of the Interior needs a coordinated and 
        comprehensive source of information about the nation's 
        biological resources in order to address national, regional, 
        and local natural resource conflicts and to avoid future 
        natural resource problems.
            (2) Research, information, and analysis are critical to the 
        management of biological and natural resources on an ecosystem 
        basis.
            (3) In recent years, the need for broader and more timely 
        biological information has been readily apparent in the 
        numerous controversies and potential economic dislocations 
        surrounding natural resource management.
            (4) Presently, biological research, information, and 
        analysis are dispersed and fragmented among different bureaus 
        in the Department of the Interior.
    (b) Purpose.--It is the purpose of this Act to establish a National 
Biological Survey to provide a national focus for research, 
inventorying, and monitoring of America's biological resources on an 
ecosystem basis.

SEC. 3. NATIONAL BIOLOGICAL SURVEY.

    (a) Establishment.--There is established in the Department of the 
Interior an office which shall be known as the National Biological 
Survey.
    (b) Director.--
            (1) In general.--The Survey shall be under the supervision 
        of the Director of the National Biological Survey, who shall--
                    (A) be appointed by the President, by and with the 
                advice and consent of the Senate, from among 
                individuals having expertise in the biological 
                sciences; and
                    (B) be compensated, subject to appropriation, at 
                the rate provided for level V of the Executive 
                Schedule.
            (2) Functions.--The Director, under the supervision of the 
        Assistant Secretary and to the extent practicable in 
        cooperation with other Federal, State, and local agencies, 
        Tribal governments, private organizations, and other entities, 
        shall perform the following functions:
                    (A) Conduct research on biological resources, 
                including plants, fish, wildlife, and their habitat.
                    (B) Monitor methods by which ecosystems are 
                managed.
                    (C) Collect and analyze data and information to 
                determine and inventory the distribution, abundance, 
                health, and status and trends of biological resources.
                    (D) Develop methods for the consistent and 
                systematic collection and analysis of data on 
                ecosystems and their components.
                    (E) Disseminate information to resource managers, 
                scientists, and the public.
                    (F) Provide technical assistance within the 
                Department of the Interior and to other Federal 
                agencies, States, Tribal governments, private 
                organizations, and other entities with respect to 
                research, inventory, and monitoring of biological 
                resources.
                    (G) Establish, in cooperation with other Federal, 
                State, and local agencies, Tribal governments, private 
                organizations, and other entities, a network to assist 
                in collecting and maintaining data concerning the 
                distribution, abundance, health, and status and trends 
                of the Nation's biological resources.
                    (H) After the date that is 90 days after the date 
                of the enactment of this Act, or such earlier date as 
                may be specified by the Secretary, perform functions 
                under the National Wetlands Inventory Project that were 
                performed before the date of the enactment of this Act 
                by the United States Fish and Wildlife Service under 
                section 401 of the Emergency Wetlands Resources Act of 
                1986 (16 U.S.C. 3931), except that this subparagraph 
                shall not be considered to authorize the Director to 
                perform any such function that is completed before that 
                date of enactment.
                    (I) Cooperate, as appropriate, with the United 
                States Fish and Wildlife Service, the National Park 
                Service, and other Federal agencies to help provide 
                technical and scientific assistance to other countries 
                which seek to perform biological research monitoring 
                and inventory to manage biological diversity for the 
                purpose of meeting their obligations under the 
                Convention on Biological Diversity and other 
                international agreements.
    (c) Powers.--
            (1) In general.--In addition to such powers as may be 
        delegated to the Director by the Secretary, and as necessary to 
        carry out the functions enumerated in subsection (b)(2), the 
        Director shall have the authority to--
                    (A) enter into contracts and cooperative agreements 
                with, and provide grants to, any appropriate Federal, 
                State, and local agencies, Tribal governments, private 
                organizations, and other entities;
                    (B) subject to paragraph (2), accept lands, 
                buildings, equipment, and other contributions of real 
                or personal property, either in cash or in-kind, from 
                public or private sources; and
                    (C) carry out projects in cooperation with other 
                Federal, State, and local agencies, Tribal governments, 
                private organizations, and other entities.
            (2) Limitation on acceptance of lands, buildings, and other 
        real property.--The Director may not accept real property under 
        paragraph (1)(B) except--
                    (A) buildings;
                    (B) land on which is located a building accepted 
                under that paragraph; and
                    (C) land adjoining land described in subparagraph 
                (B) of this paragraph, that is necessary for functions 
                of the Survey to be conducted in a building accepted 
                under paragraph (1)(B).
    (d) Peer Review.--The Director shall provide for a scientific peer 
review process to ensure the validity and reliability of the research 
conducted and the data collected in carrying out the functions 
enumerated in subsection (b)(2). Such a process shall provide for (1) 
review by independent referees appointed by the Director from among 
individuals recommended by the National Academy of Sciences, and (2) 
consideration of other data or information that is submitted to the 
Director and is relevant to the validity and reliability of the 
research conducted and the data collected in carrying out the functions 
enumerated in subsection (b)(2).
    (e) Ensuring Integrity of Survey Functions.--A person who is an 
officer, employee, or agent of the Survey may not in that capacity--
            (1) perform any function of the Survey on land in which any 
        officer, employee, or agent of the Survey owns any interest; or
            (2) conduct any activity for or on behalf of any private 
        person.
    (f) Maintenance of Research of Local Importance.--The Director 
shall seek to ensure, to the greatest extent practicable, the continued 
performance of research of significant local importance that is being 
conducted by any individual, in their capacity as a Federal employee, 
on the day before the date the individual becomes employed by the 
Survey (including such research conducted on the day before an 
individual became employed by the National Biological Survey 
established by the Secretary before the enactment of this Act).

SEC. 4. NATIONAL BIOLOGICAL SURVEY SCIENCE ADVISORY COUNCIL.

    (a) Establishment.--There is established a National Biological 
Survey Science Advisory Council to advise the Director on structuring 
appropriate collaborative relationships for research, inventorying and 
monitoring of biological resources and on scientific peer review 
procedures to ensure the validity and reliability of the research 
conducted and the data collected by the Survey. Section 14(a)(2) of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
National Biological Survey Science Advisory Council.
    (b) Membership.--The Council shall consist of not more than 15 
members appointed by the Secretary from among individuals who are 
qualified based on scientific education and experience and who are 
representatives of executive departments, including--
            (1) the Office of Science and Technology Policy;
            (2) the Department of the Interior;
            (3) the Environmental Protection Agency;
            (4) the National Science Foundation;
            (5) the National Oceanic and Atmospheric Administration;
            (6) the Department of Agriculture;
            (7) the Department of Defense; and
            (8) State and local agencies, Tribal governments, private 
        organizations, research institutions, and other entities.
    (c) Compensation.--An individual may not receive compensation from 
the United States by reason of their service on the Council.

SEC. 5. SURVEY ACTIVITIES ON PRIVATE AND OTHER NON-FEDERAL LANDS.

    (a) Compliance With State Laws.--The Survey shall comply with 
applicable State and Tribal government laws, including laws relating to 
private property rights and privacy.
    (b) Consent and Notice Requirements.--
            (1) In general.--The Survey shall not enter non-Federal 
        real property for the purpose of collecting information 
        regarding the property, unless the owner of the property has--
                    (A) consented in writing to that entry;
                    (B) after providing that consent, been provided 
                notice of that entry; and
                    (C) been notified that any raw data collected from 
                the property must be made available at no cost, if 
                requested by the land owner.
            (2) Limitation.--Paragraph (1) does not prohibit entry of 
        property for the purpose of obtaining consent or providing 
        notice as required by that paragraph.
    (c) Limitation on Use of Information.--Information that is 
collected by the Survey from non-Federal real property may not be used 
by the Survey, and may not be provided by the Survey to any other 
person, unless--
            (1) the Secretary has provided to the owner of the 
        property--
                    (A) access to the information;
                    (B) a detailed description of the manner in which 
                the information was collected; and
                    (C) an opportunity to dispute the accuracy of the 
                information; and
            (2) if the owner of the property disputes the information 
        pursuant to subparagraph (C), the Secretary determines that the 
        information is accurate.
    (d) Immunity From Civil Liability.--The owner of privately-owned 
property is not liable for any costs, fees, or damages under any State 
or Federal law for any injury incurred by a person in performing any 
activity on the property as an officer, employee, or agent of the 
Survey (including the performance of an activity pursuant to a contract 
or cooperative agreement with the Survey), other than an injury caused 
by the gross negligence or willful misconduct of the owner.
    (e) Report to Congress.--On January 1, 1995, and January 1, 1996, 
and biennially thereafter, the Secretary shall provide a report to the 
Committee on Merchant Marine and Fisheries in the House of 
Representatives and the Committee on Environment and Public Works in 
the Senate. The report shall identify all activities of the Survey on 
non-Federal lands and shall certify compliance with subsection (b)(1).
    (f) Survey Policy on Access to Private and Non-Federal Lands.--
Within six months of enactment, the Director shall develop a policy for 
Survey employees and agents to follow in order to help ensure 
compliance with subsection (b)(1). The Director shall provide this 
policy to the Committee on Merchant Marine and Fisheries in the House 
of Representatives and the Committee on Environment and Public Works in 
the Senate.
    (g) Survey Defined.--In this section, the term ``Survey'' includes 
any person that is an officer, employee, or agent of the Survey, 
including any such person acting pursuant to a contract or cooperative 
agreement with or any grant from the Survey.
    (h) The Director shall notify in writing the relevant State and 
county committees established under section 8(b) of the Soil 
Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), or the 
successors to such committees, in a timely manner and prior to the 
Survey entering onto non-Federal real property for which the State and 
county committees maintain records or have responsibility as provided 
in programs administered by the Secretary of Agriculture.

SEC. 6. DEFINITIONS.

    As used in this Act--
            (1) the term ``Assistant Secretary'' means the Assistant 
        Secretary for Fish and Wildlife of the Department of the 
        Interior established under section 3 of the Fish and Wildlife 
        Act of 1956 (16 U.S.C. 742b);
            (2) the term ``biological resources'' means plants, fish, 
        invertebrates, and wildlife inhabiting terrestrial, aquatic, 
        and marine ecosystems;
            (3) the term ``Director'' means the Director of the 
        National Biological Survey appointed under section 3(b);
            (4) the term ``Secretary'' means the Secretary of the 
        Interior;
            (5) the term ``Survey'' means the National Biological 
        Survey established under this Act; and
            (6) the term ``Tribal government'' means the government of 
        any Indian tribe, band, nation, or other organized group or 
        community, including any Alaska Native village or regional 
        corporation as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.

SEC. 7. CONFORMING AMENDMENTS.

    (a) Title 5.--Section 5316 of title 5, United States Code, is 
amended by inserting after the item relating to the Director, United 
States Fish and Wildlife Service, Department of the Interior, the 
following:
            ``Director of the National Biological Survey, Department of 
        the Interior.''.
    (b) National Wetlands Inventory.--Section 401(a) of the Emergency 
Wetlands Resources Act of 1986 (16 U.S.C. 3931(a)) is amended--
            (1) by striking ``the United States Fish and Wildlife 
        Service'' and inserting ``the National Biological Survey''; and
            (2) in paragraph (1) by striking ``the Service'' and 
        inserting ``the National Biological Survey''.
    (c) Effective Date.--The amendments made by subsection (b) shall 
take effect on the date that is 90 days after the date of the enactment 
of this Act, or such earlier date as is specified by the Secretary for 
purposes of section 3(b)(2)(H).

SEC. 8. AUTHORIZATION AND REPORTS.

    (a) Current Authorizations.--There are authorized to be 
appropriated--
            (1) for fiscal year 1994, an amount not to exceed 
        $170,319,000; and
            (2) for fiscal year 1995, such sums as may be necessary to 
        carry out the purposes of this Act.
    (b) Future Authorizations.--After September 30, 1995, no amounts 
shall be appropriated to carry out any program, function, or activity 
of the Survey unless those amounts have been authorized to be 
appropriated by an Act of Congress.
    (c) Periodic Reports and Proposals.--
            (1) Reports.--At the time that the President submits to the 
        Congress an annual budget proposal, the Secretary shall submit 
        to the appropriate committees of the House of Representatives 
        and the Senate a report concerning the utilization of amounts 
        previously appropriated for programs, functions, and activities 
        of the Survey and the proposed utilization of such appropriated 
        amounts during the following fiscal year.
            (2) Proposals.--Beginning on January 1, 1997, and not later 
        than January 1 of each second odd-numbered year thereafter, the 
        Secretary shall submit to the Speaker of the House of 
        Representatives and the President of the Senate a proposal for 
        any requested further authorization of appropriations for all 
        programs, functions, and activities of the Survey to be carried 
        out during the 4 full fiscal years beginning on October 1 of 
        the calendar year following the calendar year in which such 
        proposal is submitted.

SEC. 9. RELATIONSHIP TO OTHER LAWS.

    Except as provided in sections 3(b)(2)(I), 4(a), and 7, this Act 
shall not be construed to amend, repeal, supersede, or otherwise affect 
any other law.

SEC. 10. COMPLIANCE WITH BUY AMERICAN ACT.

    No funds appropriated pursuant to this Act may be expended by an 
entity unless the entity agrees that in expending the assistance the 
entity will comply with sections 2 through 4 of the Act of March 3, 
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').

SEC. 11. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--In the case 
of any equipment or products that may be authorized to be purchased 
with financial assistance provided under this Act, it is the sense of 
the Congress that entities receiving such assistance should, in 
expending the assistance, purchase only American-made equipment and 
products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Director of the National Biological 
Survey shall provide to each recipient of the assistance a notice 
describing the statement made in subsection (a) by the Congress.

SEC. 12. PROHIBITION OF CONTRACTS.

    If it has been finally determined by a court or Federal agency that 
any person intentionally affixed a fraudulent label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that was not made in 
the United States, such person shall be ineligible to receive any 
contract or subcontract made with funds provided pursuant to this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.

SEC. 13. FISH AND WILDLIFE MANAGEMENT.

    (a) The establishment and operations of the National Biological 
Survey shall not be construed to enlarge or diminish the authorities or 
responsibilities of the States, territories, or possessions of the 
United States, for the management of fish and wildlife and their 
habitats.
    (b) The establishment and operations of the National Biological 
Survey shall maintain the scientific research programs on fish and 
wildlife and their habitats conducted by States, colleges, and 
universities with appropriate funds or personnel provided, in whole or 
in part, by the Department of the Interior.
    (c) The National Biological Survey shall provide adequate support 
for research and related efforts necessary for the proper management of 
wildlife, fish, and their habitats, including the provision of data and 
information from the Migratory Bird Banding Laboratory that is 
necessary for the United States Fish and Wildlife Service to fulfill 
its responsibilities for the management of migratory birds, including 
hunting programs.

            Passed the House of Representatives October 26, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.