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103D CONGRESS

1ST SESSION H. R. 305

To establish a national policy for the conservation of biological diversity;

to support environmental research and training necessary for conservation and sustainable use of biotic natural resources, to establish mechanisms for carrying out the national policy and for coordinating related

activities; and to facilitate the collection, synthesis, and dissemination

of information necessary for these purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. PORTER introduced the following bill; which was referred jointly to the

Committees on Science, Space, and Technology and Merchant Marine and

Fisheries

A BILL

To establish a national policy for the conservation of biological diversity; to support environmental research and

training necessary for conservation and sustainable use

of biotic natural resources, to establish mechanisms for

carrying out the national policy and for coordinating

related activities; and to facilitate the collection, synthesis, and dissemination of information necessary for

these purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Biological

3 Diversity Conservation and Environmental Research Act’’.

4 SEC. 2. FINDINGS.

5 The Congress finds that—

6 (1) the Earth’s biological diversity is being re7 duced at a rate without precedent in human history;

8 (2) most losses of biological diversity caused by

9 human activity are unintended and largely avoidable;

10 (3) while the most rapid loss of biological diver11 sity is occurring outside the United States, it is also

12 a serious problem within this country;

13 (4) reduced biological diversity may have seri14 ous consequences for human welfare as resources for

15 research and agricultural, medicinal, and industrial

16 development are irretrievably lost;

17 (5) reduced biological diversity may also endan18 ger the functioning of ecosystems and critical eco19 system processes that moderate climate, govern nu20 trient cycles and soil conservation and production,

21 control pests and diseases, and degrade wastes and

22 pollutants;

23 (6) reduced biological diversity will diminish the

24 raw materials available for scientific and technical

25 advancement, including the development of improved
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1 varieties of cultivated plants and domesticated ani2 mals;

3 (7) existing information regarding the abun4 dance and distribution of biological diversity is inad5 equate, often inaccessible, and frequently inapplica6 ble to conservation management, thus hampering the

7 efficiency of resource policy and management deci8 sions;

9 (8) existing conservation laws focus on the pro10 tection of individual species that have already suf11 fered declines, rather than emphasizing ecosystem

12 management to sustain diversity across a range of

13 species;

14 (9) existing laws and programs relevant to the

15 loss of biological diversity in the United States are

16 largely uncoordinated and inadequate, and some17 times result in duplication of efforts, conflicts in

18 goals, and gaps in geographic and taxonomic cov19 erage;

20 (10) a comprehensive and coordinated Federal

21 strategy is needed to arrest the loss of biological di22 versity and also, where possible, to restore biological

23 diversity both through natural recovery and active

24 management;
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1 (11) increased biological and ecological research

2 is needed to provide the knowledge to maintain bio3 logical diversity, to protect and manage ecosystems,

4 and to ensure the sustainable use of natural re5 sources; and

6 (12) maintaining biological diversity through

7 habitat preservation is often less costly and more ef8 fective than efforts to save species once they become

9 endangered.

10 SEC. 3. DEFINITIONS.

11 For purposes of this Act—

12 (1) the term ‘‘biological diversity’’ means the

13 full range of variety and variability within and

14 among living organisms and the ecological complexes

15 in which they occur, and encompasses ecosystem or

16 community diversity, species diversity, and genetic

17 diversity;

18 (2) the terms ‘‘conserve’’, ‘‘conserving’’, and

19 ‘‘conservation’’ refer to protective measures for

20 maintaining existing biological diversity and active

21 measures for restoring diversity through manage22 ment efforts, in order to protect, restore, and en23 hance as much of the variety of native species and

24 communities as possible in abundances and distribu25 tions that provide for their continued existence and
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1 functioning, including, at a minimum, the viability of

2 existing populations;

3 (3) the term ‘‘ecosystem or community diver4 sity’’ means the distinctive assemblages of species

5 and ecological processes that occur in different phys6 ical settings of the biosphere and distinct parts of

7 the world;

8 (4) the term ‘‘genetic diversity’’ means the dif9 ferences in genetic composition within and among

10 populations of a given species;

11 (5) the term ‘‘regional ecosystem’’ means an

12 area which is sufficiently large that it is capable of

13 sustaining multiple biological communities and asso14 ciated species;

15 (6) the term ‘‘species diversity’’ means the rich16 ness and variety of native species in a particular lo17 cation of the world; and

18 (7) the term ‘‘State’’ means each of the several

19 States, the District of Columbia, the Commonwealth

20 of Puerto Rico, the United States Virgin Islands,

21 Guam, the Commonwealth of the Northern Mariana

22 Islands, American Samoa, and any other common23 wealth, territory, or possession of the United States.

24 SEC. 4. PURPOSES.

25 It is the purpose of this Act—
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1 (1) to conserve biological diversity;

2 (2) to require explicit assessment of effects on

3 biological diversity in all environmental impact state4 ments required to be prepared pursuant to the Na5 tional Environmental Policy Act of 1969;

6 (3) to establish a Federal strategy for the con7 servation of biological diversity;

8 (4) to establish mechanisms for encouraging

9 and coordinating Federal, State, and private efforts

10 to conserve biological diversity and natural environ11 ments;

12 (5) to undertake a nationally coordinated effort

13 to collect, synthesize, and disseminate adequate data

14 and information for—

15 (A) the understanding of biological diver16 sity;

17 (B) assessing the rate and scale of the de18 pletion of biological diversity; and

19 (C) identifying elements of biological diver20 sity that are in significant decline or otherwise

21 warrant special attention;

22 (6) to support basic and applied research nec23 essary for the conservation of biological diversity;

24 and
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1 (7) to promote better understanding of the im2 portance of biological diversity and foster actions

3 that prevent biological impoverishment and conserve

4 biological diversity and natural resources.

5 SEC. 5. NATIONAL BIOLOGICAL DIVERSITY AND ENVIRON6 MENTAL POLICY.

7 (a) POLICY.—It is the public policy of the United

8 States that conservation of biological diversity is a

9 national goal, and conservation efforts are a national

10 priority.

11 (b) CONSISTENCY OF FEDERAL ACTION.—The ac12 tions, policies, and programs of all Federal agencies shall

13 be consistent with the goal of conservation of biological

14 diversity, to the maximum extent practicable.

15 (c) CONSERVATION OF BIOLOGICAL DIVERSITY ON

16 FEDERAL LANDS AND WATERS.—All Federal lands and

17 waters shall be managed to conserve biological diversity

18 within the context of the purposes for which those areas

19 were established.

20 (d) ENVIRONMENTAL IMPACT STATEMENTS.—

21 (1) REGULATIONS.—Not later than one year

22 after the date of the enactment of this Act, the

23 Council on Environmental Quality shall issue regula24 tions which establish requirements for agencies to

25 assess the impacts of Federal agency actions on bio-
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1 logical diversity in preparing environmental impact

2 statements under section 102 of the National Envi3 ronmental Policy Act of 1969.

4 (2) IDENTIFICATION OF COMMUNITIES, SPE5 CIES, AND POPULATIONS IN SIGNIFICANT DE6 CLINE.—In preparing the regulations required under

7 paragraph (1), the Council on Environmental Qual8 ity shall identify, in consultation with the National

9 Center for Biological Diversity and Conservation Re10 search established under section 9 (hereafter in this

11 Act referred to as the ‘‘Center’’) those biotic com12 munities, species, and populations that appear to be

13 in significant decline or in imminent danger of loss

14 of viability, or are otherwise of special concern.

15 (e) AGENCY REVIEW PROCESS.—Each Federal de16 partment or agency shall, with the advice and assistance

17 of the Council on Environmental Quality, within one year

18 after the date of the enactment of this Act—

19 (1) review its programs, both individually and

20 cumulatively, for consistency with the conservation

21 of biological diversity in accordance with this Act,

22 paying particular attention to biotic communities,

23 species, and populations identified under subsection

24 (d)(2); and
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1 (2) report the results of such review to the

2 President, the Council on Environmental Quality,

3 and the Congress.

4 (f) REVIEW OF ENVIRONMENTAL IMPACT STATE5 MENT BY EPA.—In reviewing environmental impact state6 ments under the National Environmental Policy Act of

7 1969, the Administrator of the Environmental Protection

8 Agency shall take into account the impacts of the proposed

9 action on biological diversity.

10 SEC. 6. EFFECT ON OTHER LAWS.

11 Nothing in this Act shall be construed to amend or

12 otherwise alter any requirement to maintain biological di13 versity under any other Act.

14 SEC. 7. INTERAGENCY WORKING COMMITTEE ON BIOLOGI15 CAL DIVERSITY.

16 (a) ESTABLISHMENT.—There is established an Inter17 agency Working Committee on Biological Diversity (here18 after in this Act referred to as the ‘‘Interagency Commit19 tee’’).

20 (b) MEMBERSHIP.—The Interagency Committee shall

21 consist of 1 representative each from—

22 (1) the Bureau of Land Management;

23 (2) the National Park Service;

24 (3) the Fish and Wildlife Service;

25 (4) the Forest Service;
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1 (5) the Department of Defense;

2 (6) the National Oceanic and Atmospheric Ad3 ministration;

4 (7) the Environmental Protection Agency;

5 (8) the Department of Energy;

6 (9) the Center;

7 (10) the Council on Environmental Quality; and

8 (11) any other agency or department of the

9 United States that the President, or the Chairman

10 of the Interagency Committee, considers appro11 priate.

12 Each such representative shall be designated by the head

13 of the entity named.

14 (c) CHAIRMAN.—The member of the Interagency

15 Committee representing the Council on Environmental

16 Quality shall serve as Chairman of the Interagency Com17 mittee.

18 (d) FUNCTION.—The function of the Interagency

19 Committee shall be to prepare a coordinated Federal strat20 egy for conservation of biological diversity described in

21 section 8.

22 (e) DISSOLUTION.—The Interagency Committee shall

23 be dissolved after the submission to the Congress of the

24 Federal strategy required under section 8.
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1 SEC. 8. FEDERAL BIOLOGICAL DIVERSITY STRATEGY.

2 (a) DEVELOPMENT.—The Interagency Committee

3 shall develop a coordinated Federal strategy for the con4 servation of biological diversity (hereafter in this Act re5 ferred to as the ‘‘Strategy’’).

6 (b) CONTENTS.—The Strategy shall contain—

7 (1) a coordinated interagency plan for conserv8 ing biological diversity in the United States, particu9 larly on federally-managed lands, including a specific

10 description of the roles and responsibilities of each

11 agency represented on the Interagency Committee

12 for implementing the plan;

13 (2) the identification of regional ecosystems

14 within the United States, and an interagency plan

15 for coordinating Federal management of such

16 ecosystems for the purpose of conserving biological

17 diversity;

18 (3) a comprehensive set of criteria (including

19 time frames and objective measures) for evaluating

20 the progress of the agencies represented on the

21 Interagency Committee in implementing the Strat22 egy;

23 (4) specific management measures to be taken

24 by each agency represented on the Interagency Com25 mittee pursuant to plans and criteria developed

26 under paragraphs (1), (2), and (3) with respect to—
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1 (A) conservation through protective meas2 ures to maintain existing biological diversity,

3 and through active measures to restore biologi4 cal diversity;

5 (B) provisions for the long-term viability of

6 ecosystems and ecosystem processes;

7 (C) maintenance of gene pools through a

8 combination of in situ and ex situ techniques;

9 (D) use of demonstration areas, such as

10 biosphere reserves;

11 (E) consistency of policies in inter12 national actions of Federal agencies;

13 (F) the identification of priorities for

14 conservation;

15 (G) economic incentives to encourage the

16 conservation of biological diversity;

17 (H) the development of broad-based edu18 cation programs on the importance of biological

19 diversity and the necessity of conservation;

20 (I) cooperation and coordination with non21 Federal sectors; and

22 (J) training and education of agency per23 sonnel in ecological research, monitoring, and

24 systematics; and
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1 (5) an interagency plan for conducting research

2 on biological diversity, identifying the roles and re3 sponsibilities of each agency represented on the

4 Interagency Committee, other Federal agencies,

5 and the Center, including—

6 (A) the identification of research priorities

7 which affect more than one agency;

8 (B) the development of coordinated re9 search programs for the conservation and res10 toration of biological diversity;

11 (C) enhancement of scientific knowledge

12 through improved biological surveys;

13 (D) research to identify factors limiting

14 population viability or persistence;

15 (E) improvements of management tech16 niques based on scientific knowledge; and

17 (F) the identification of habitats of special

18 concern, and the development of plans to pro19 tect those areas.

20 (c) PUBLIC PARTICIPATION.—The public shall be

21 provided with opportunities to participate in the prepara22 tion of, and to comment on, the Strategy and any regional

23 ecosystem management plans.

24 (d) REPORTS.—(1) Within two years after the date

25 of the enactment of this Act, the Strategy shall be submit-
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1 ted to the President and the Congress by the Chairman

2 of the Interagency Committee.

3 (2) At least once every two years after the submission

4 of a report under paragraph (1), the head of each agency

5 represented on the Interagency Committee shall submit to

6 the Congress a report detailing progress in the implemen7 tation of the Strategy, including written comments by the

8 public.

9 SEC. 9. NATIONAL CENTER FOR BIOLOGICAL DIVERSITY

10 AND CONSERVATION RESEARCH.

11 (a) ESTABLISHMENT AND PURPOSE.—There is es12 tablished within the Smithsonian Institution, in coopera13 tion with the Environmental Protection Agency, a Na14 tional Center for Biological Diversity and Conservation

15 Research (the Center), whose purpose shall be to set re16 search priorities, to provide leadership and coordination

17 for the understanding and promotion of knowledge of the

18 biota and the effect of human activities on the biota, and

19 to make this knowledge accessible to the people of the

20 United States and others working to conserve biological

21 diversity throughout the world. The Center shall be ad22 ministered by a Director.

23 (b) FUNCTIONS.—The functions of the Center shall

24 be—
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1 (1) to summarize and enhance the knowledge of

2 the distribution, status, and characteristics of the

3 biota in a manner that can be used in conserva4 tion and management;

5 (2) to prepare, with the assistance of agencies

6 and other sources, lists and, where appropriate,

7 maps of—

8 (A) biotic communities, species, and popu9 lations that appear to be in significant decline

10 or in imminent danger of loss of viability, or are

11 otherwise of special concern;

12 (B) areas of outstanding ecological or bi13 otic importance; and

14 (C) factors, including ownership status and

15 applicable laws, affecting the protection of such

16 communities, species, and populations;

17 (3) to publish information, such as floral and

18 faunal treatises, resource inventories, vegetation

19 maps, atlases, and guides for practical use of biologi20 cal information, and especially publications that syn21 thesize information relevant to national goals of un22 derstanding and conserving biological diversity;

23 (4) to identify taxonomic groups, ecological

24 communities, and geographical areas in need of

25 study, and to develop a strategic plan for, initiate,
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1 and provide financial support toward an ongoing

2 survey of the biota;

3 (5) to provide for the conducting of research,

4 through grants, contracts, or otherwise, by Federal,

5 State, and private agencies, institutions, organiza6 tions, and individuals;

7 (6) to provide information useful to the Inter8 agency Committee in the preparation of the Strat9 egy;

10 (7) to make recommendations to Federal agen11 cies and others on the technical management of data

12 collection, storage, and retrieval;

13 (8) to provide training and technical assistance

14 to Federal agencies and others regarding collection

15 and interpretation of biological data; and

16 (9) to raise additional funds as necessary to

17 support the activities of the Center.

18 (c) STRUCTURE AND MEMBERSHIP.—

19 (1) ADVISORY BOARD.—The Center shall have

20 an advisory board, which shall independently assist

21 in setting the policies for and directing the Center.

22 (2) MEMBERSHIP.—(A) The advisory board

23 shall consist of 17 members, including—

24 (i) one representative of the Smithsonian

25 Institution;
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1 (ii) one representative of the Fish and

2 Wildlife Service;

3 (iii) one representative of the National

4 Oceanic and Atmospheric Administration;

5 (iv) one representative of the National

6 Park Service;

7 (v) one representative of the Department

8 of Energy;

9 (vi) one representative of the National

10 Science Foundation;

11 (vii) one representative of the Agricultural

12 Research Service;

13 (viii) one representative of the Environ14 mental Protection Agency;

15 (ix) one representative of the Forest Serv16 ice;

17 (x) one representative of the Bureau of

18 Land Management;

19 (xi) one representative of the Army Corps

20 of Engineers;

21 (xii) one representative of State biological

22 surveys;

23 (xiii) one representative of private organi24 zations that maintain large data bases oriented

25 toward biological conservation;
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1 (xiv) two scientists from nonprofit research

2 institutions or universities; and

3 (xv) two representatives from institutions

4 with collections of biological specimens.

5 (B) Members listed under clauses (xii) through

6 (xv) of subparagraph (A) shall be appointed by the

7 President from a list of nominees recommended by

8 the National Academy of Sciences.

9 (3) TERMS.—Members of the advisory board

10 shall serve for terms of five years, and may serve

11 more than one term.

12 (4) COMPENSATION OF MEMBERS.—

13 (A) NONGOVERNMENT MEMBERS.—Each

14 member of the advisory board that is not other15 wise in the service of the Federal Government

16 shall, to the extent provided for in advance in

17 appropriations Acts, be paid actual travel ex18 penses and per diem in lieu of subsistence ex19 penses in accordance with section 5703 of title

20 5, United States Code, when such member is

21 away from the member’s usual place of resi22 dence.

23 (B) GOVERNMENT MEMBERS.—Each mem24 ber of the advisory board that is otherwise in

25 the service of the Federal Government shall
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1 serve without compensation in addition to that

2 received for such other service, but while en3 gaged in the work of the Advisory Board, such

4 member shall, to the extent provided for in ad5 vance in appropriations Acts, be paid actual

6 travel expenses, and per diem in lieu of subsist7 ence expenses in accordance with subchapter I

8 of chapter 57 of title 5, United States Code,

9 when away from the member’s usual place of

10 residence.

11 (5) CHAIRMAN.—The members of the advisory

12 board shall select one member to serve as chairman.

13 (6) FUNDING ARRANGEMENTS.—The Director

14 of the Center shall make appropriate arrangements

15 for necessary administrative and clerical support of

16 the advisory board, in consultation with the chair17 man of the advisory board.

18 (7) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated to carry out

20 this section $10,000,000 for fiscal year 1993,

21 $10,000,000 for fiscal year 1994, and $10,000,000

22 for fiscal year 1995, to be derived from funds other23 wise authorized for the Federal agencies represented

24 on the advisory board, and to remain available until

25 expended as specified in appropriations Acts.
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1 SEC. 10. NATIONAL ACADEMY OF SCIENCES.

2 The Council on Environmental Quality shall retain

3 the National Academy of Sciences—

4 (1) to provide scientific and technical advice

5 and counsel in the preparation of the Strategy to en6 sure that the best possible scientific information is

7 used in developing the Strategy; and

8 (2) to provide a general reference and scientific

9 and technical advisory resource for the Nation in

10 matters relating to conservation of biological diver11 sity.

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