[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 93 Introduced in Senate (IS)]

  1st Session
                                 S. 93

To amend the Federal Land Policy and Management Act of 1976 to provide 
           for ecosystem management, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

 Mr. Hatfield introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Land Policy and Management Act of 1976 to provide 
           for ecosystem management, and for other purposes.

    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 ``Ecosystem Management Act of 1995''.

SEC. 2. ECOSYSTEM MANAGEMENT.

    (a) Definitions.--Section 103 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1702) is amended by adding at the end 
the following new subsections:
    ``(q) The term `Indian tribe' means any Indian tribe, band, nation, 
or other organized group or community (including any Alaska Native 
village or Regional Corporation established pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) that is 
recognized as eligible for the special services provided by the United 
States to Indians because of their status as Indians.
    ``(r) The term `systems approach', with respect to an ecosystem, 
means an interdisciplinary scientific method of analyzing the ecosystem 
as a whole that takes into account the interconnections of the 
ecosystem.
    ``(s) The term `tribal organization' has the meaning given such 
term in section 4(l) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b(l)).''.
    (b) Ecosystem Management.--Title II of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1711 et seq.) is amended by adding at 
the end the following new sections:

                         ``ecosystem management

    ``Sec. 216. It is the policy of the Federal Government to carry out 
ecosystem management with respect to public lands in accordance with 
the following principles:
            ``(1) Human populations form an integral part of 
        ecosystems.
            ``(2) It is important to address human needs in the context 
        of other environmental attributes--
                    ``(A) in recognition of the dependency of human 
                economies on viable ecosystems; and
                    ``(B) in order to ensure diverse, healthy, 
                productive, and sustainable ecosystems.
            ``(3) A systems approach to ecosystem management furthers 
        the goal of conserving biodiversity.
            ``(4) Ecosystem management provides for the following:
                    ``(A) The promotion of the stewardship of natural 
                resources.
                    ``(B) The formation of partnerships of public and 
                private interests to achieve shared goals for the 
                stewardship of natural resources.
                    ``(C) The promotion of public participation in 
                decisions and activities related to the stewardship of 
                natural resources.
                    ``(D) The use of the best available scientific 
                knowledge and technology to achieve the stewardship of 
                natural resources.
                    ``(E) The establishment of cooperative planning and 
                management activities to protect and manage ecosystems 
                that cross jurisdictional boundaries.
                    ``(F) The implementation of cooperative, 
                coordinated planning activities among Federal, tribal, 
                State, local, and private landowners.

                   ``ecosystem management commission

    ``Sec. 217. (a) Establishment.--There is established an Ecosystem 
Management Commission (referred to in this section as the 
`Commission').
    ``(b) Purposes of the Commission.--The purposes of the Commission 
are as follows:
            ``(1) To advise the Secretary and Congress concerning 
        policies relating to ecosystem management on public lands.
            ``(2) To examine opportunities for and constraints on 
        achieving cooperative and coordinated ecosystem management 
        strategies that provide for cooperation between the Federal 
        Government and Indian tribes, States and political subdivisions 
        of States, and private landowners to incorporate a 
        multijurisdictional approach to ecosystem management.
    ``(c) Members.--The Commission shall consist of the following 16 
individuals:
            ``(1) From the Committee on Energy and Natural Resources of 
        the Senate:
                    ``(A) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member).
                    ``(B) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member) of the Subcommittee on Public Lands, National 
                Parks and Forests.
            ``(2) From the Committee on Appropriations of the Senate:
                    ``(A) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member).
                    ``(B) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member) of the Subcommittee on Interior and Related 
                Agencies.
            ``(3) From the Committee on Natural Resources of the House 
        of Representatives:
                    ``(A) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member).
                    ``(B) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member) of the Subcommittee on National Parks, Forests, 
                and Public Lands.
            ``(4) From the Committee on Appropriations of the House of 
        Representatives:
                    ``(A) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member).
                    ``(B) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member) of the Subcommittee on Interior.
    ``(d) Chairman.--The Commission shall elect a Chairman from among 
the members of the Commission.
    ``(e) Duties of the Commission.--The duties of the Commission are 
as follows:
            ``(1) To conduct studies to accomplish the following:
                    ``(A) To develop, in a manner consistent with 
                section 216, a definition of the term `ecosystem 
                management'.
                    ``(B) To identify appropriate geographic scales for 
                coordinated ecosystem-based planning.
                    ``(C) To identify, with respect to the Federal 
                Government, the governments of Indian tribes, States 
and political subdivisions of States, and private landowners, 
constraints on, and opportunities for, ecosystem management in order to 
facilitate the coordination of planning activities for ecosystem 
management among the governments and private landowners.
                    ``(D) To identify strategies for implementing 
                ecosystem management that recognize the following:
                            ``(i) The role of human populations in the 
                        operation of ecosystems.
                            ``(ii) The dependency of human populations 
                        on sustainable ecosystems for the production of 
                        goods and the provision of services.
                    ``(E) To examine this Act, and each other Federal 
                law or policy that directly or indirectly affects the 
                management of public lands, including Federal lands 
                that have been withdrawn from the public domain, to 
                determine whether any legislation or changes to 
                administrative policies, practices, or procedures are 
                necessary to facilitate ecosystem management by the 
                Federal Government in accordance with section 216.
                    ``(F) To examine the budget and operation of each 
                Federal department or agency with responsibilities 
                related to ecosystem management to determine whether 
                changes are needed to facilitate ecosystem management.
                    ``(G) To identify incentives, such as trust funds, 
                to encourage Indian tribes, States and political 
                subdivisions of States, and private landowners to 
                assist the Federal Government in the development of 
                ecosystem management strategies.
                    ``(H) To identify disincentives that may be used to 
                discourage the entities described in subparagraph (G) 
                from refusing to assist the Federal Government in the 
                development of ecosystem management strategies.
                    ``(I) To determine the necessity for one or more 
                governmental entities--
                            ``(i) to establish a new river basin 
                        commission or other regional entity,
                            ``(ii) to enter into a new interstate 
                        compact, or
                            ``(iii) to take any other related action,
                in order to facilitate the implementation of ecosystem 
                management and to ensure the coordination of planning 
                activities with other governmental entities in a manner 
                consistent with section 216 and this section.
                    ``(J) To identify, through the use of case studies 
                that represent different regions of the United States 
                (including the Columbia River Basin in the Western 
                United States and the New York-New Jersey Highlands 
                area in the Eastern United States), opportunities for 
                and constraints on the coordination of planning 
                activities of the Federal Government, Indian tribes, 
                State governments, and the governments of political 
                subdivisions of States, and private landowners to 
                accomplish the following:
                            ``(i) To implement ecosystem management.
                            ``(ii) To serve as a framework for 
                        cooperative planning efforts across the United 
                        States.
            ``(2) To develop recommendations concerning the findings of 
        the studies described in paragraph (1).
            ``(3) To submit to Congress and the Secretary, not later 
        than 1 year after the date of enactment of this section, a 
        report that contains the findings of the studies conducted 
        pursuant to paragraph (1) and the recommendations developed 
        pursuant to paragraph (2).
    ``(f) Meetings.--
            ``(1) Not later than 180 days after the date of enactment 
        of this section, the Commission shall hold its initial meeting.
            ``(2) Subsequent meetings shall be held at the call of the 
        Chairman.
    ``(g) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    ``(h) Powers of the Commission.--(1) The Commission may hold such 
hearings, sit and act at such times and places, take such testimony, 
and receive such evidence as the Commission considers appropriate to 
carry out this section.
    ``(2) The Commission may secure directly from any Federal 
department or agency such information as the Commission considers 
necessary to carry out the duties of the Commission, specified in 
subsection (e). Upon request of the Chairman of the Commission, the 
head of such Federal department or agency shall furnish such 
information to the Commission.
    ``(3) The Commission may use the United States mails in the same 
manner and under the same conditions as other Federal departments or 
agencies.
    ``(4) The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    ``(i)  Personnel and Services.--The Secretary shall detail without 
reimbursement such personnel, and provide such services without 
reimbursement to the Commission as the Commission may require to carry 
out the duties specified in subsection (e). An employee of the Federal 
Government detailed to the Commission under this subsection shall serve 
without interruption or loss of civil service status or privilege.
    ``(j) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    ``(k) Advisory Committee.--(1) Not later than 90 days after the 
date of enactment of this section, the Secretary shall establish an 
Ecosystem Management Advisory Committee (referred to in this section as 
the `Advisory Committee') to assist the Commission in preparing and 
reviewing the report required by subsection (e)(3).
    ``(2) The Secretary shall appoint 13 members to the Advisory 
Committee by the date specified in paragraph (1) as follows:
            ``(A) Two members shall be selected from nominations 
        submitted by tribal organizations located in States that have a 
        significant amount of public lands (as determined by the 
        Secretary).
            ``(B) Three members shall be officials of a government of a 
        State or political subdivision of a State or a community 
        organization (as determined by the Secretary) selected from 
        nominations from the Governors of States described in 
        subparagraph (A) or from the Western Governors Association.
            ``(C) Two members shall be representatives of conservation 
        groups who have substantial experience and expertise in public 
        land policies.
            ``(D) Two members shall be representatives of industrial 
        concerns who have substantial experience and expertise in 
        public land policies.
            ``(E) Two members shall be representatives of scientific or 
        professional societies who are familiar with the concept of 
        ecosystem management.
            ``(F) Two members shall be representatives from the legal 
        community with recognized legal expertise in the areas of--
                    ``(i) constitutional or land use law; and
                    ``(ii) public land policy.
    ``(3) The Advisory Committee shall select a Chairman from among the 
members of the Advisory Committee.
    ``(4) The Advisory Committee shall hold an initial meeting not 
later than 30 days after the Commission holds its initial meeting 
pursuant to subsection (f)(1). Subsequent meetings shall be held at the 
call of the Chairman.
    ``(5) The Advisory Committee shall have same authorities granted to 
the Commission under paragraphs (1) through (4) of subsection (h).
    ``(6) The members of the Advisory Committee shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Advisory 
Committee.
    ``(l) Termination of Commission and Advisory Committee.--The 
Commission and Advisory Committee shall terminate on the date that is 
30 days after the Commission submits a report to the Secretary and to 
Congress under subsection (e)(3).
    ``(m) Exemption From Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission or to the Advisory Committee.
    ``(n) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of the Interior $3,000,000 to carry out 
this section.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Amendment to Table of Contents.--The table of contents at the 
beginning of the Federal Land Policy and Management Act of 1976 is 
amended by adding at the end of the items relating to title II the 
following new items:

``Sec. 215. Authority with respect to certain withdrawals.
``Sec. 216. Ecosystem management.
``Sec. 217. Ecosystem Management Commission.''.
    (b) Technical Amendment.--Before section 215 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1723) insert the following 
new heading:

           ``authority with respect to certain withdrawals''.

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