[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.