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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 305 Introduced in House (IH)]

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.

    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 Diversity 
Conservation and Environmental Research Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the Earth's biological diversity is being reduced at a 
        rate without precedent in human history;
            (2) most losses of biological diversity caused by human 
        activity are unintended and largely avoidable;
            (3) while the most rapid loss of biological diversity is 
        occurring outside the United States, it is also a serious 
        problem within this country;
            (4) reduced biological diversity may have serious 
        consequences for human welfare as resources for research and 
        agricultural, medicinal, and industrial development are 
        irretrievably lost;
            (5) reduced biological diversity may also endanger the 
        functioning of ecosystems and critical ecosystem processes that 
        moderate climate, govern nutrient cycles and soil conservation 
        and production, control pests and diseases, and degrade wastes 
        and pollutants;
            (6) reduced biological diversity will diminish the raw 
        materials available for scientific and technical advancement, 
        including the development of improved varieties of cultivated 
        plants and domesticated animals;
            (7) existing information regarding the abundance and 
        distribution of biological diversity is inadequate, often 
        inaccessible, and frequently inapplicable to conservation 
        management, thus hampering the efficiency of resource policy 
        and management decisions;
            (8) existing conservation laws focus on the protection of 
        individual species that have already suffered declines, rather 
        than emphasizing ecosystem management to sustain diversity 
        across a range of species;
            (9) existing laws and programs relevant to the loss of 
        biological diversity in the United States are largely 
        uncoordinated and inadequate, and sometimes result in 
        duplication of efforts, conflicts in goals, and gaps in 
        geographic and taxonomic coverage;
            (10) a comprehensive and coordinated Federal strategy is 
        needed to arrest the loss of biological diversity and also, 
        where possible, to restore biological diversity both through 
        natural recovery and active management;
            (11) increased biological and ecological research is needed 
        to provide the knowledge to maintain biological diversity, to 
        protect and manage ecosystems, and to ensure the sustainable 
        use of natural resources; and
            (12) maintaining biological diversity through habitat 
        preservation is often less costly and more effective than 
        efforts to save species once they become endangered.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``biological diversity'' means the full range 
        of variety and variability within and among living organisms 
        and the ecological complexes in which they occur, and 
        encompasses ecosystem or community diversity, species 
        diversity, and genetic diversity;
            (2) the terms ``conserve'', ``conserving'', and 
        ``conservation'' refer to protective measures for maintaining 
        existing biological diversity and active measures for restoring 
        diversity through management efforts, in order to protect, 
        restore, and enhance as much of the variety of native species 
        and communities as possible in abundances and distributions 
        that provide for their continued existence and functioning, 
        including, at a minimum, the viability of existing populations;
            (3) the term ``ecosystem or community diversity'' means the 
        distinctive assemblages of species and ecological processes 
        that occur in different physical settings of the biosphere and 
        distinct parts of the world;
            (4) the term ``genetic diversity'' means the differences in 
        genetic composition within and among populations of a given 
        species;
            (5) the term ``regional ecosystem'' means an area which is 
        sufficiently large that it is capable of sustaining multiple 
        biological communities and associated species;
            (6) the term ``species diversity'' means the richness and 
        variety of native species in a particular location of the 
        world; and
            (7) the term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, the Commonwealth of the 
        Northern Mariana Islands, American Samoa, and any other 
        commonwealth, territory, or possession of the United States.

SEC. 4. PURPOSES.

    It is the purpose of this Act--
            (1) to conserve biological diversity;
            (2) to require explicit assessment of effects on biological 
        diversity in all environmental impact statements required to be 
        prepared pursuant to the National Environmental Policy Act of 
        1969;
            (3) to establish a Federal strategy for the conservation of 
        biological diversity;
            (4) to establish mechanisms for encouraging and 
        coordinating Federal, State, and private efforts to conserve 
        biological diversity and natural environments;
            (5) to undertake a nationally coordinated effort to 
        collect, synthesize, and disseminate adequate data and 
        information for--
                    (A) the understanding of biological diversity;
                    (B) assessing the rate and scale of the depletion 
                of biological diversity; and
                    (C) identifying elements of biological diversity 
                that are in significant decline or otherwise warrant 
                special attention;
            (6) to support basic and applied research necessary for the 
        conservation of biological diversity; and
            (7) to promote better understanding of the importance of 
        biological diversity and foster actions that prevent biological 
        impoverishment and conserve biological diversity and natural 
        resources.

SEC. 5. NATIONAL BIOLOGICAL DIVERSITY AND ENVIRONMENTAL POLICY.

    (a) Policy.--It is the public policy of the United States that 
conservation of biological diversity is a national goal, and 
conservation efforts are a national priority.
    (b) Consistency of Federal Action.--The actions, policies, and 
programs of all Federal agencies shall be consistent with the goal of 
conservation of biological diversity, to the maximum extent 
practicable.
    (c) Conservation of Biological Diversity on Federal Lands and 
Waters.--All Federal lands and waters shall be managed to conserve 
biological diversity within the context of the purposes for which those 
areas were established.
    (d) Environmental Impact Statements.--
            (1) Regulations.--Not later than one year after the date of 
        the enactment of this Act, the Council on Environmental Quality 
        shall issue regulations which establish requirements for 
        agencies to assess the impacts of Federal agency actions on 
        biological diversity in preparing environmental impact 
        statements under section 102 of the National Environmental 
        Policy Act of 1969.
            (2) Identification of communities, species, and populations 
        in significant decline.--In preparing the regulations required 
        under paragraph (1), the Council on Environmental Quality shall 
        identify, in consultation with the National Center for 
        Biological Diversity and Conservation Research established 
        under section 9 (hereafter in this Act referred to as the 
        ``Center'') those biotic communities, species, and populations 
        that appear to be in significant decline or in imminent danger 
        of loss of viability, or are otherwise of special concern.
    (e) Agency Review Process.--Each Federal department or agency 
shall, with the advice and assistance of the Council on Environmental 
Quality, within one year after the date of the enactment of this Act--
            (1) review its programs, both individually and 
        cumulatively, for consistency with the conservation of 
        biological diversity in accordance with this Act, paying 
        particular attention to biotic communities, species, and 
        populations identified under subsection (d)(2); and
            (2) report the results of such review to the President, the 
        Council on Environmental Quality, and the Congress.
    (f) Review of Environmental Impact Statement by EPA.--In reviewing 
environmental impact statements under the National Environmental Policy 
Act of 1969, the Administrator of the Environmental Protection Agency 
shall take into account the impacts of the proposed action on 
biological diversity.

SEC. 6. EFFECT ON OTHER LAWS.

    Nothing in this Act shall be construed to amend or otherwise alter 
any requirement to maintain biological diversity under any other Act.

SEC. 7. INTERAGENCY WORKING COMMITTEE ON BIOLOGICAL DIVERSITY.

    (a) Establishment.--There is established an Interagency Working 
Committee on Biological Diversity (hereafter in this Act referred to as 
the ``Interagency Committee'').
    (b) Membership.--The Interagency Committee shall consist of 1 
representative each from--
            (1) the Bureau of Land Management;
            (2) the National Park Service;
            (3) the Fish and Wildlife Service;
            (4) the Forest Service;
            (5) the Department of Defense;
            (6) the National Oceanic and Atmospheric Administration;
            (7) the Environmental Protection Agency;
            (8) the Department of Energy;
            (9) the Center;
            (10) the Council on Environmental Quality; and
            (11) any other agency or department of the United States 
        that the President, or the Chairman of the Interagency 
        Committee, considers appropriate.
Each such representative shall be designated by the head of the entity 
named.
    (c) Chairman.--The member of the Interagency Committee representing 
the Council on Environmental Quality shall serve as Chairman of the 
Interagency Committee.
    (d) Function.--The function of the Interagency Committee shall be 
to prepare a coordinated Federal strategy for conservation of 
biological diversity described in section 8.
    (e) Dissolution.--The Interagency Committee shall be dissolved 
after the submission to the Congress of the Federal strategy required 
under section 8.

SEC. 8. FEDERAL BIOLOGICAL DIVERSITY STRATEGY.

    (a) Development.--The Interagency Committee shall develop a 
coordinated Federal strategy for the conservation of biological 
diversity (hereafter in this Act referred to as the ``Strategy'').
    (b) Contents.--The Strategy shall contain--
            (1) a coordinated interagency plan for conserving 
        biological diversity in the United States, particularly on 
        federally-managed lands, including a specific description of 
        the roles and responsibilities of each agency represented on 
        the Interagency Committee for implementing the plan;
            (2) the identification of regional ecosystems within the 
        United States, and an interagency plan for coordinating Federal 
        management of such ecosystems for the purpose of conserving 
        biological diversity;
            (3) a comprehensive set of criteria (including time frames 
        and objective measures) for evaluating the progress of the 
        agencies represented on the Interagency Committee in 
        implementing the Strategy;
            (4) specific management measures to be taken by each agency 
        represented on the Interagency Committee pursuant to plans and 
        criteria developed under paragraphs (1), (2), and (3) with 
        respect to--
                    (A) conservation through protective measures to 
                maintain existing biological diversity, and through 
                active measures to restore biological diversity;
                    (B) provisions for the long-term viability of 
                ecosystems and ecosystem processes;
                    (C) maintenance of gene pools through a combination 
                of in situ and ex situ techniques;
                    (D) use of demonstration areas, such as biosphere 
                reserves;
                    (E) consistency of policies in international 
                actions of Federal agencies;
                    (F) the identification of priorities for 
                conservation;
                    (G) economic incentives to encourage the 
                conservation of biological diversity;
                    (H) the development of broad-based education 
                programs on the importance of biological diversity and 
                the necessity of conservation;
                    (I) cooperation and coordination with non-Federal 
                sectors; and
                    (J) training and education of agency personnel in 
                ecological research, monitoring, and systematics; and
            (5) an interagency plan for conducting research on 
        biological diversity, identifying the roles and 
        responsibilities of each agency represented on the Interagency 
        Committee, other Federal agencies, and the Center, including--
                    (A) the identification of research priorities which 
                affect more than one agency;
                    (B) the development of coordinated research 
                programs for the conservation and restoration of 
                biological diversity;
                    (C) enhancement of scientific knowledge through 
                improved biological surveys;
                    (D) research to identify factors limiting 
                population viability or persistence;
                    (E) improvements of management techniques based on 
                scientific knowledge; and
                    (F) the identification of habitats of special 
                concern, and the development of plans to protect those 
                areas.
    (c) Public Participation.--The public shall be provided with 
opportunities to participate in the preparation of, and to comment on, 
the Strategy and any regional ecosystem management plans.
    (d) Reports.--(1) Within two years after the date of the enactment 
of this Act, the Strategy shall be submitted to the President and the 
Congress by the Chairman of the Interagency Committee.
    (2) At least once every two years after the submission of a report 
under paragraph (1), the head of each agency represented on the 
Interagency Committee shall submit to the Congress a report detailing 
progress in the implementation of the Strategy, including written 
comments by the public.

SEC. 9. NATIONAL CENTER FOR BIOLOGICAL DIVERSITY AND CONSERVATION 
              RESEARCH.

    (a) Establishment and Purpose.--There is established within the 
Smithsonian Institution, in cooperation with the Environmental 
Protection Agency, a National Center for Biological Diversity and 
Conservation Research (the Center), whose purpose shall be to set 
research priorities, to provide leadership and coordination for the 
understanding and promotion of knowledge of the biota and the effect of 
human activities on the biota, and to make this knowledge accessible to 
the people of the United States and others working to conserve 
biological diversity throughout the world. The Center shall be 
administered by a Director.
    (b) Functions.--The functions of the Center shall be--
            (1) to summarize and enhance the knowledge of the 
        distribution, status, and characteristics of the biota in a 
        manner that can be used in conservation and management;
            (2) to prepare, with the assistance of agencies and other 
        sources, lists and, where appropriate, maps of--
                    (A) biotic communities, species, and populations 
                that appear to be in significant decline or in imminent 
                danger of loss of viability, or are otherwise of 
                special concern;
                    (B) areas of outstanding ecological or biotic 
                importance; and
                    (C) factors, including ownership status and 
                applicable laws, affecting the protection of such 
                communities, species, and populations;
            (3) to publish information, such as floral and faunal 
        treatises, resource inventories, vegetation maps, atlases, and 
        guides for practical use of biological information, and 
        especially publications that synthesize information relevant to 
        national goals of understanding and conserving biological 
        diversity;
            (4) to identify taxonomic groups, ecological communities, 
        and geographical areas in need of study, and to develop a 
        strategic plan for, initiate, and provide financial support 
        toward an ongoing survey of the biota;
            (5) to provide for the conducting of research, through 
        grants, contracts, or otherwise, by Federal, State, and private 
        agencies, institutions, organizations, and individuals;
            (6) to provide information useful to the Interagency 
        Committee in the preparation of the Strategy;
            (7) to make recommendations to Federal agencies and others 
        on the technical management of data collection, storage, and 
        retrieval;
            (8) to provide training and technical assistance to Federal 
        agencies and others regarding collection and interpretation of 
        biological data; and
            (9) to raise additional funds as necessary to support the 
        activities of the Center.
    (c) Structure and Membership.--
            (1) Advisory board.--The Center shall have an advisory 
        board, which shall independently assist in setting the policies 
        for and directing the Center.
            (2) Membership.--(A) The advisory board shall consist of 17 
        members, including--
                    (i) one representative of the Smithsonian 
                Institution;
                    (ii) one representative of the Fish and Wildlife 
                Service;
                    (iii) one representative of the National Oceanic 
                and Atmospheric Administration;
                    (iv) one representative of the National Park 
                Service;
                    (v) one representative of the Department of Energy;
                    (vi) one representative of the National Science 
                Foundation;
                    (vii) one representative of the Agricultural 
                Research Service;
                    (viii) one representative of the Environmental 
                Protection Agency;
                    (ix) one representative of the Forest Service;
                    (x) one representative of the Bureau of Land 
                Management;
                    (xi) one representative of the Army Corps of 
                Engineers;
                    (xii) one representative of State biological 
                surveys;
                    (xiii) one representative of private organizations 
                that maintain large data bases oriented toward 
                biological conservation;
                    (xiv) two scientists from nonprofit research 
                institutions or universities; and
                    (xv) two representatives from institutions with 
                collections of biological specimens.
            (B) Members listed under clauses (xii) through (xv) of 
        subparagraph (A) shall be appointed by the President from a 
        list of nominees recommended by the National Academy of 
        Sciences.
            (3) Terms.--Members of the advisory board shall serve for 
        terms of five years, and may serve more than one term.
            (4) Compensation of members.--
                    (A) Nongovernment members.--Each member of the 
                advisory board that is not otherwise in the service of 
                the Federal Government shall, to the extent provided 
                for in advance in appropriations Acts, be paid actual 
                travel expenses and per diem in lieu of subsistence 
                expenses in accordance with section 5703 of title 5, 
                United States Code, when such member is away from the 
                member's usual place of residence.
                    (B) Government members.--Each member of the 
                advisory board that is otherwise in the service of the 
                Federal Government shall serve without compensation in 
                addition to that received for such other service, but 
                while engaged in the work of the Advisory Board, such 
                member shall, to the extent provided for in advance in 
                appropriations Acts, be paid actual travel expenses, 
                and per diem in lieu of subsistence expenses in 
                accordance with subchapter I of chapter 57 of title 5, 
                United States Code, when away from the member's usual 
                place of residence.
            (5) Chairman.--The members of the advisory board shall 
        select one member to serve as chairman.
            (6) Funding arrangements.--The Director of the Center shall 
        make appropriate arrangements for necessary administrative and 
        clerical support of the advisory board, in consultation with 
        the chairman of the advisory board.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this section $10,000,000 for 
        fiscal year 1993, $10,000,000 for fiscal year 1994, and 
        $10,000,000 for fiscal year 1995, to be derived from funds 
        otherwise authorized for the Federal agencies represented on 
        the advisory board, and to remain available until expended as 
        specified in appropriations Acts.

SEC. 10. NATIONAL ACADEMY OF SCIENCES.

    The Council on Environmental Quality shall retain the National 
Academy of Sciences--
            (1) to provide scientific and technical advice and counsel 
        in the preparation of the Strategy to ensure that the best 
        possible scientific information is used in developing the 
        Strategy; and
            (2) to provide a general reference and scientific and 
        technical advisory resource for the Nation in matters relating 
        to conservation of biological diversity.

                                 <all>

HR 305 IH----2
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