[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1845 Reported in House (RH)]

                                                 Union Calendar No. 130

103d CONGRESS

  1st Session

                               H. R. 1845

                   [Report No. 103-193, Parts I & II]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 10, 1993

Committee on Science, Space and Technology discharged, committed to the 
Committee of the Whole House on the State of the Union, and ordered to 
                               be printed





                                                 Union Calendar No. 130
103d CONGRESS
  1st Session
                                H. R. 1845

                   [Report No. 103-193, Parts I & II]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 1993

  Mr. Studds introduced the following bill; which was referred to the 
               Committee on Merchant Marine and Fisheries

                             July 27, 1993

 Reported with an amendment and referred jointly to the Committees on 
   Natural Resources and Science, Space, and Technology for a period 
    ending not later than July 30, 1993, for consideration of such 
provisions of the bill and amendment as fall within the jurisdiction of 
      those committees pursuant to clauses 1(n) and 1(r) of rule X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 30, 1993

Referral to the Committees on Natural Resources and Science, Space, and 
 Technology extended for a period ending not later than September 10, 
                                  1993

                           September 9, 1993

   Reported from the Committee on Natural Resource with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]

                           September 10, 1993

Committee on Science, Space and Technology discharged, committed to the 
Committee of the Whole House on the State of the Union, and ordered to 
                               be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               22, 1993]

_______________________________________________________________________

                                 A BILL


 
 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 and 
monitoring of America's biological and natural 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 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 biological research to support 
                management of plants, fish, wildlife, and their 
                habitat.
                    (B) Evaluate and monitor methods by which 
                ecosystems are managed in order to improve the 
                capability of the Nation to conserve biological 
                resources and diversity.
                    (C) Collect and analyze data and information to 
                determine and inventory the distribution, abundance, 
                health, and status and trends of biological resources 
                and ecosystems.
                    (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, private organizations, and other 
                entities in support of legislative, regulatory, and 
                resource management decisions.
                    (G) Perform international activities related to the 
                functions of the Director under this paragraph.
                    (H) 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, status, and trends of 
                Nation's biological resources.
                    (I) Perform biological research, inventory, and 
                monitoring and information transferring.
                    (J) 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.
    (c) Powers.--In addition to such powers as may be delegated to the 
Director by the Secretary, the Director shall have the authority to--
            (1) 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 to carry out any of the functions vested in the 
        Director;
            (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 to carry out 
        projects in cooperation with other Federal, State, and local 
        agencies, Tribal governments, private organizations, and other 
        entities; and
            (3) accept the services of individuals in order to carry 
        out any of the functions vested in the Director.
Services accepted under paragraph (3) shall be subject to the same 
authorities and restrictions as are applicable to services accepted by 
the Secretary under the first section and sections 2 and 3 of the 
Volunteers in the Park Act (16 U.S.C. 18g-18j).

SEC. 4. NATIONAL BIOLOGICAL SURVEY POLICY BOARD.

    (a) Establishment.--There is established a National Biological 
Survey Policy Board to advise the Director on appropriate biological 
science priorities and to offer guidance to the Director as to how 
biological science relates to the various missions of the Department of 
the Interior and as to how the Director and the other bureaus within 
the Department of the Interior can avoid duplication of activities.
    (b) Members.--The Policy Board shall consist of--
            (1) the head of each agency in the Department of the 
        Interior that has a need for biological research or survey 
        activities; and
            (2) such other senior officials as may be appointed by the 
        Secretary from other agencies within the Department.
    (c) Cochairpersons.--The Policy Board shall have 2 cochairpersons, 
consisting of--
            (1) the Director of the United States Fish and Wildlife 
        Service; and
            (2) another member of the Policy Board who is designated as 
        cochairperson by the Secretary.

SEC. 5. NATIONAL BIOLOGICAL SURVEY SCIENCE COUNCIL.

    There is established a National Biological Survey Science Council 
to advise the Director on structuring appropriate collaborative 
relationships for biological science. The Science Council shall consist 
of representatives appointed by the Secretary from Federal, State, and 
local agencies, Tribal governments, private organizations, research 
institutions, and other institutions, all of whom shall serve without 
compensation. Section 14 of the Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Science Council established under 
this section.

SEC. 6. SURVEY ACTIVITIES ON PRIVATE AND OTHER NON-FEDERAL LANDS.

    (a) Compliance With State Laws.--The Survey shall comply with 
applicable State 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) 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).
    (d) 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.
    (e) 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.

SEC. 7. 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 ``Director'' means the Director of the 
        National Biological Survey appointed under section 3(b);
            (3) the term ``Secretary'' means the Secretary of the 
        Interior;
            (4) the term ``Survey'' means the National Biological 
        Survey established under this Act; and
            (5) the term `Biological Resources' means plants, fish, 
        invertebrates, and wildlife inhabiting terrestrial, aquatic, 
        and marine ecosystems.

SEC. 8. 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)(J).

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 and 
monitoring of America's biological and natural 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 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 biological research to support 
                management of plants, fish, wildlife, and their 
                habitat.
                    (B) Monitor methods by which ecosystems are managed 
                in order to improve the capability of the Nation to 
                conserve biological resources and diversity.
                    (C) Collect and analyze data and information to 
                determine and inventory the distribution, abundance, 
                health, and status and trends of biological resources 
                and ecosystems.
                    (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 in support of 
                legislative, regulatory, and resource management 
                decisions.
                    (G) Perform international activities related to the 
                functions of the Director under this paragraph.
                    (H) 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, status, and trends of 
                the Nation's biological resources.
                    (I) Perform biological research, inventory, and 
                monitoring and information transferring.
                    (J) 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.
    (c) Powers.--In addition to such powers as may be delegated to the 
Director by the Secretary, the Director shall have the authority to--
            (1) 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 to carry out any of the functions vested in the 
        Director;
            (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 to carry out 
        projects in cooperation with other Federal, State, and local 
        agencies, Tribal governments, private organizations, and other 
        entities; and
            (3) accept the services of individuals in order to carry 
        out any of the functions vested in the Director.
Services accepted under paragraph (3) shall be subject to the same 
authorities and restrictions as are applicable to services accepted by 
the Secretary under the first section and sections 2 and 3 of the 
Volunteers in the Park Act (16 U.S.C. 18g-18j).
    (d) Peer Review.--The Director shall provide for appropriate peer 
review as to the validity and reliability of the research undertaken 
for the purpose of carrying out the functions outlined in subsection 
(b)(2).
    (e) Compliance With Federal and State Laws.--Any officer, employee, 
or agent of the Survey shall comply with all applicable Federal and 
State laws, including laws relating to private property rights and 
privacy in carrying out the functions specified by subsection (b)(2).

SEC. 4. NATIONAL BIOLOGICAL SURVEY POLICY BOARD.

    (a) Establishment.--There is established a National Biological 
Survey Policy Board to advise the Director on appropriate biological 
science priorities and to offer guidance to the Director as to how 
biological science relates to the various missions of the Department of 
the Interior and as to how the Director and the other bureaus within 
the Department of the Interior can avoid duplication of activities.
    (b) Members.--The Policy Board shall consist of--
            (1) the head of each agency in the Department of the 
        Interior that has a need for biological research or survey 
        activities; and
            (2) such other senior officials as may be appointed by the 
        Secretary from other agencies within the Department of the 
        Interior.
    (c) Cochairpersons.--The Policy Board shall have 2 cochairpersons, 
consisting of--
            (1) the Director of the United States Fish and Wildlife 
        Service; and
            (2) another member of the Policy Board who is designated as 
        cochairperson by the Secretary.

SEC. 5. NATIONAL BIOLOGICAL SURVEY SCIENCE COUNCIL.

    There is established a National Biological Survey Science Council 
to advise the Director on structuring appropriate collaborative 
relationships for biological science. The Science Council shall consist 
of representatives appointed by the Secretary from Federal, State, and 
local agencies, Tribal governments, private organizations, research 
institutions, and other entities, all of whom shall serve without 
compensation. Section 14 of the Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Science Council established under 
this section.

SEC. 6. FISH AND WILDLIFE MANAGEMENT.

    The establishment and operations of the 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 or to diminish 
funding for scientific research on fish and wildlife and their habitats 
conducted by State and private agencies and entities with funds or 
personnel provided, in whole or in part, by Federal agencies.

SEC. 7. 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. 8. 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)(J).

SEC. 9. AUTHORIZATION AND REPORTS.

    (a) Current Authorizations.--(1) For the fiscal year 1994, there 
are hereby authorized to be appropriated not to exceed $180,000,000 in 
order to carry out the purposes and provisions of this Act.
    (2) For fiscal years 1995, 1996, and 1997, there are hereby 
authorized to be appropriated such sums as may be necessary to carry 
out the purposes and provisions of this Act.
    (b) Future Authorizations.--After January 1, 1998, no amounts shall 
be appropriated to carry out any program, function, or activity of the 
National Biological Survey under this or any other Act unless such 
amounts have been authorized to be appropriated by one or more Acts of 
Congress enacted after the date of enactment of this Act.
    (c) Periodic Reports and Proposals.--(1) 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 National Biological Survey and the proposed utilization of such 
appropriated amounts during the following fiscal year.
    (2) 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 
National Biological 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.
HR 1845 RH----2