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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1110 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1110

  To provide for a National Biological Survey, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 15, 1993

   Mr. Akaka introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
  To provide for a National Biological Survey, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Biological Survey Act of 1993''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
                  TITLE I--NATIONAL BIOLOGICAL SURVEY

Sec. 101. National Biological Survey.
Sec. 102. Critical biological concerns.
Sec. 103. National Biological Survey Science Council.
Sec. 104. National Biological Survey Policy Board.
Sec. 105. Donations.
Sec. 106. Wetlands inventory.
Sec. 107. Authorization of appropriations.
                 TITLE II--RESOURCE MANAGEMENT TRAINING

Sec. 201. Natural resource management training.
Sec. 202. Confidentiality of information concerning location of 
                            candidate, threatened, or endangered 
                            species.
Sec. 203. Access to private property.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) comprehensive and high quality scientific research and 
        analysis at the Department of the Interior must be the 
        foundation for informed and timely natural resource 
        decisionmaking;
            (2) the need for broader and more timely information about 
        the living resources of the United States has been readily 
        apparent in the numerous controversies and potential economic 
        dislocations surrounding decisions concerning endangered 
        species;
            (3) legislatures and agencies at all levels of government 
        lack the scientific information and analysis necessary to solve 
        national, regional, and local natural resource conflicts, and 
        to avoid future resource problems; and
            (4) the Federal Government needs an independent, 
        nonregulatory source of information about the living resources 
        of the United States.
    (b) Purpose.--The purpose of this Act is to provide a national 
focus for biological research and monitoring of the living resources of 
the United States through the establishment of a National Biological 
Survey.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Board.--The term ``Board'' means the National 
        Biological Survey Policy Board established under section 104.
            (2) Council.--The term ``Council'' means the National 
        Biological Survey Science Council established under section 
        103.
            (3) Department.--The term ``Department'' means the 
        Department of the Interior.
            (4) Federal, state, or local agency.--The term ``Federal, 
        State, or local agency'' means a unit of Federal, State, local, 
        or tribal government that manages or regulates land, water, or 
        wildlife resources.
            (5) Living resources.--The term ``living resources'' means 
        the full range of variety and variability within and among 
        organisms and the ecological complexes in which the organisms 
        occur (including the waters of the United States). The term 
        includes ecosystem or community diversity, species diversity, 
        and genetic diversity.
            (6) Nonprofit organization.--The term ``nonprofit 
        organization'' means--
                    (A) an institution of higher education, a nonprofit 
                scientific or private organization, or a natural 
                history museum, that maintains or uses land, water, or 
                wildlife resources; or
                    (B) a nonprofit professional biological society or 
                a private nonprofit organization that identifies, 
                protects, or maintains living resources.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Survey.--The term ``Survey'' means the National 
        Biological Survey established under section 101.

                  TITLE I--NATIONAL BIOLOGICAL SURVEY

SEC. 101. NATIONAL BIOLOGICAL SURVEY.

    (a) Establishment; Purpose.--
            (1) Existing activities.--The Secretary shall establish a 
        National Biological Survey to--
                    (A) consolidate and enhance biological research 
                activities of the Department that are in existence on 
                the date of enactment of this Act;
                    (B) gather, analyze, and disseminate biological 
                information necessary for the wise stewardship of the 
                living resources of the United States; and
                    (C) foster a greater understanding of the 
                biological systems and benefits that the living 
                resources provide.
            (2) Other activities.--The Secretary shall combine with the 
        Survey such other biological research, inventory, and 
        monitoring functions of the Department as the Secretary 
        determines necessary or appropriate to provide sound scientific 
        guidance for the management of Federal lands and natural 
        resources.
            (3) Director.--The survey shall be headed by a Director. 
        With the advice and consent of the Senate, the Secretary shall 
        appoint a Director from among individuals with academic 
        training and expertise in the biological sciences. The Director 
        shall report to the Assistant Secretary of the Interior for 
        Fish and Wildlife and Parks.
            (4) Assistant secretary.--
                    (A) In general.--Section 3(a) of the Fish and 
                Wildlife Act of 1956 (16 U.S.C. 742b(a)) is amended by 
                adding at the end the following new sentence: ``The 
                Director of the United States Fish and Wildlife 
                Service, the Director of the National Park Service, and 
                the Director of the National Biological Survey shall be 
                subject to the supervision of the Assistant Secretary 
                for Fish and Wildlife and Parks.''.
                    (B) Conforming amendments.--Sections 3, 7(a), and 
                9(a) of such Act (16 U.S.C. 742b, 742f(a), and 742g(a)) 
                are each amended by striking ``Assistant Secretary for 
                Fish and Wildlife'' each place it appears (other than 
                in the last sentence of section 3(a)) and inserting 
                ``Assistant Secretary for Fish and Wildlife and 
                Parks''.
    (b) Duties of the Secretary.--
            (1) In general.--The Secretary, acting through the 
        Director, shall--
                    (A) inventory, monitor, and report on the 
                distribution, abundance, health, status, and trends of 
                the living resources of the United States;
                    (B) establish a cooperative network of Federal, 
                State, and local agencies and nonprofit organizations 
                to assist the Survey in collecting and maintaining data 
                concerning the distribution, abundance, health, status, 
                and trends of the living resources of the United 
                States;
                    (C) develop protocols and methods for the 
                consistent and systematic collection and analysis of 
                data concerning living resources;
                    (D) establish and maintain systems for managing 
                information on the living resources of the United 
                States and obtain data from other Federal, State, and 
                local agencies and nonprofit organizations for 
                incorporation into the information systems;
                    (E) establish methods to disseminate the 
                information referred to in subparagraph (D) to 
                agencies, organizations, and individuals concerned with 
                the care, use, and conservation of the living resources 
                of the United States;
                    (F) identify deficiencies with respect to 
                information concerning the distribution, abundance, 
                health, status, and trends of the living resources of 
                the United States, and organize field surveys and 
                research designed to eliminate the deficiencies;
                    (G) monitor the effects of ecosystem management;
                    (H) engage in technology development and transfer 
                that will enable resource managers in Federal, State, 
                and local agencies and nonprofit organizations to 
                develop comprehensive ecosystem management strategies, 
                respond to resource problems, and make resource 
                management decisions in a timely and efficient manner;
                    (I) integrate information related to advances in 
                technology development relevant to the biological 
                diversity of the United States into the information 
                systems referred to in subparagraph (D);
                    (J) provide financial assistance (including 
                awarding a grant) to, or offer to enter into a contract 
                with, appropriate Federal, State, or local agencies or 
                nonprofit organizations to carry out biological 
                diversity research, inventorying, monitoring, and 
                information transfer;
                    (K) provide technical assistance on a reimbursable 
                or nonreimbursable basis to Federal, State, or local 
                agencies and nonprofit organizations that collect and 
                maintain information concerning the living resources of 
                the United States;
                    (L) engage in cooperative research, inventorying, 
                monitoring, scientific exchange, and data dissemination 
                with other countries and foreign organizations 
                regarding living resources; and
                    (M) prepare a biennial report for public 
                distribution on the distribution, abundance, health, 
                status, and trends of the living resources of the 
                United States.
            (2) Use of existing data.--To the extent practicable, in 
        carrying out the duties of the Secretary identified in 
        paragraph (1), the Director shall obtain and use data from all 
        available sources.
            (3) Avoidance of duplication of data.--In making a 
        determination to provide financial assistance, or in offering 
        to enter into a contract pursuant to subparagraphs (J) and (K) 
        of paragraph (1), the Director shall take such action as may be 
        necessary to ensure that the data generated in association with 
        the financial assistance, or pursuant to the contract, does not 
        duplicate then current data available to the Secretary from 
        other sources.

SEC. 102. CRITICAL BIOLOGICAL CONCERNS.

    The Secretary shall use information developed through the Survey to 
direct resources and respond to the most critical biological resource 
concerns of the United States, as determined by the Secretary.

SEC. 103. NATIONAL BIOLOGICAL SURVEY SCIENCE COUNCIL.

    (a) Establishment.--The Secretary shall establish an advisory board 
to be known as the ``National Biological Survey Science Council''.
    (b) Membership.--
            (1) Appointments.--The Secretary shall appoint 17 members 
        to the Council, including a Chairperson. The Director shall 
        recommend members for appointment to the Council from among--
                    (A) individuals who use biological diversity data; 
                and
                    (B) individuals who generate biological diversity 
                data.
            (2) Composition.--The members of the Council shall include 
        representatives of--
                    (A) Federal, State, or local agencies; and
                    (B) nonprofit organizations.
            (3) Period of appointment; vacancies.--Members of the 
        Council shall be appointed for a term of 3 years. Any vacancy 
        in the Council shall not affect the powers of the Council, but 
        shall be made in the same manner as the initial appointment was 
        made.
            (4) Initial meeting.--Not later than 120 days after the 
        date of enactment of this Act, the initial meeting of the 
        Council shall be held at the call of the Chairperson.
    (c) Duties of the Council.--The Council shall recommend policies to 
the Director concerning--
            (1) research and data collection undertaken by the Survey;
            (2) methods of improving coordination with research 
        entities outside of the Department;
            (3) establishing and maintaining systems for managing 
        information collected by the Survey;
            (4) making the information collected by the Survey 
        available to other Federal, State, and local agencies and 
        nonprofit organizations;
            (5) quality control functions;
            (6) scientific trends related to the activities of the 
        Survey;
            (7) the financial and technical needs of the Survey;
            (8) providing the financial and technical assistance 
        referred to in subparagraphs (J) and (K) of section 101(b)(1);
            (9) ensuring that the agenda of the Survey fully reflects 
        critical biological resource concerns of the United States; and
            (10) developing collaborative relationships for biological 
        science with Federal, State, and local agencies and nonprofit 
        organizations.
    (d) Reports.--The Chairperson of the Council shall prepare and 
submit to the Director such reports as the Director determines 
appropriate to assist the Director in carrying out this Act.
    (e) Compensation.--Members of the Council shall serve without 
compensation, except that while away from home or a regular place of 
business, each member who is not otherwise employed by the Federal 
Government may be allowed travel expenses, including per diem in lieu 
of subsistence, as authorized by section 5703 of title 5, United States 
Code, for persons employed intermittently in Government service.

SEC. 104. NATIONAL BIOLOGICAL SURVEY POLICY BOARD.

    (a) Establishment.--The Secretary shall establish a policy board to 
be known as the ``National Biological Survey Policy Board''.
    (b) Membership.--The Secretary shall appoint the members of the 
Board, including a Chairperson. The Secretary shall appoint 1 senior 
representative of each of the bureaus of the Department to serve on the 
Board. The Secretary may appoint members from other Federal agencies to 
serve on the Board.
    (c) Duties of the Board.--The Board shall--
            (1) offer guidance to the Survey concerning the potential 
        effects of biological science on policies carried out by the 
        Survey; and
            (2) identify priorities for the Survey in order to 
        facilitate the production of data that is useful for resource 
        managers.

SEC. 105. DONATIONS.

    (a) In General.--The Secretary, acting through the Director, is 
authorized to accept for use by the Survey--
            (1) lands, buildings, equipment, and other contributions, 
        either cash or in-kind, from public and private sources, and to 
        carry out projects in cooperation with other Federal, State, or 
        local agencies and private organizations; and
            (2) the services of individuals or entities, without 
        compensation (except that the Secretary, acting through the 
        Director, may provide for the incidental expenses of 
        volunteers, including transportation, lodging, and 
        subsistence).
    (b) Volunteers.--
            (1) In general.--Except as provided in paragraph (2), a 
        volunteer who provides services pursuant to subsection (a)(2) 
        shall not be deemed a Federal employee, and shall not be 
        subject to the provisions of law relating to Federal 
        employment.
            (2) Exception.--For the purposes of section 1346(b) and 
        chapter 171 of title 28, United States Code, a volunteer under 
        this subsection shall be considered a Federal employee.

SEC. 106. WETLANDS INVENTORY.

    Notwithstanding section 401(a) of the Emergency Wetlands Resources 
Act of 1986 (16 U.S.C. 3931(a)), the Secretary is authorized to act 
through the Director in carrying out the activities of the National 
Wetlands Inventory Project referred to in such subsection.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department such 
funds as may be necessary to carry out this Act.

                 TITLE II--RESOURCE MANAGEMENT TRAINING

SEC. 201. NATURAL RESOURCE MANAGEMENT TRAINING.

    (a) In General.--The Director is authorized to develop and 
implement a program of natural resource management training for 
Federal, State, local, and private natural resource managers and 
graduate students in institutions of higher education who wish to 
become natural resource managers.
    (b) Contents of Training Programs.--The training programs shall 
include--
            (1) techniques of collecting and maintaining data 
        concerning the distribution, abundance, health, status, and 
        trends of the living resources of the United States;
            (2) strategies for comprehensive ecosystem management that 
        respond to natural resource issues in a timely and efficient 
        manner; and
            (3) other areas of training that the Director considers 
        appropriate.

SEC. 202. CONFIDENTIALITY OF INFORMATION CONCERNING LOCATION OF 
              CANDIDATE, THREATENED, OR ENDANGERED SPECIES.

    (a) Disclosure of Information.--Information concerning the location 
of any candidate, threatened, or endangered species, as described in 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), may not be 
made available to the public under subchapter II of chapter 5 of title 
5, United States Code, or under any other provision of law, unless the 
Secretary determines that the disclosure would--
            (1) further the purposes of this Act or the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.);
            (2) not create a risk of harm to the species or to the site 
        at which the species is located; and
            (3) not violate the terms of any confidentiality agreement 
        that was a basis for receiving the information.
    (b) Request for Disclosure by Governors.--Notwithstanding 
subsection (a), if the Governor of a State submits a written request to 
the Secretary for the location of a site within the State of the 
Governor in which a candidate, threatened, or endangered species is 
located, and the request states--
            (1) the specific site or area for which the Governor is 
        seeking information;
            (2) the purpose for which the Governor is seeking the 
        information; and
            (3) a commitment by the Governor to protect the 
        confidentiality of the information to the extent necessary to 
        prevent harm or commercial exploitation of the species or the 
        site at which the species is located,
the Secretary shall provide the Governor the requested information 
concerning the location of the species within the State, unless the 
Secretary determines that the release would violate the terms of a 
confidentiality agreement that was a basis for receiving the 
information.

SEC. 203. ACCESS TO PRIVATE PROPERTY.

    The Secretary may--
            (1) enter into an agreement with an owner or manager of 
        private land or water to provide a basis for the study of 
        living resources on the land or water; and
            (2) as a condition of the access referred to in paragraph 
        (1), agree to indemnify and hold harmless the owner or manager 
        from all actions undertaken as a part of or related to the 
        study without regard to the availability of appropriations for 
        the purpose referred to in this paragraph.

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