II

103D CONGRESS

2D SESSION S. 2189

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

JUNE 14 (legislative day, JUNE 7), 1994

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Ecosystem Manage5 ment Act of 1994’’.

6 SEC. 2. ECOSYSTEM MANAGEMENT.

7 (a) DEFINITIONS.—Section 103 of the Federal Land

8 Policy and Management Act of 1976 (43 U.S.C. 1702)

9 is amended by adding at the end the following new sub10 sections:
2

•S 2189 IS

1 ‘‘(q) The term ‘Indian tribe’ means any Indian tribe,

2 band, nation, or other organized group or community (in3 cluding any Alaska Native village or Regional Corporation

4 established pursuant to the Alaska Native Claims Settle5 ment Act (43 U.S.C. 1601 et seq.)) that is recognized as

6 eligible for the special services provided by the United

7 States to Indians because of their status as Indians.

8 ‘‘(r) The term ‘systems approach’, with respect to an

9 ecosystem, means an interdisciplinary scientific method of

10 analyzing the ecosystem as a whole that takes into account

11 the interconnections of the ecosystem.

12 ‘‘(s) The term ‘tribal organization’ has the meaning

13 given such term in section 4(l) of the Indian Self-Deter14 mination and Education Assistance Act (25 U.S.C.

15 450b(l)).’’.

16 (b) ECOSYSTEM MANAGEMENT.—Title II of the Fed17 eral Land Policy and Management Act of 1976 (43 U.S.C.

18 1711 et seq.) is amended by adding at the end the follow19 ing new sections:

20 ‘‘ECOSYSTEM MANAGEMENT

21 ‘‘SEC. 216. It is the policy of the Federal Government

22 to carry out ecosystem management with respect to public

23 lands in accordance with the following principles:

24 ‘‘(1) Human populations form an integral part

25 of ecosystems.
3

•S 2189 IS

1 ‘‘(2) It is important to address human needs in

2 the context of other environmental attributes—

3 ‘‘(A) in recognition of the dependency of

4 human economies on viable ecosystems; and

5 ‘‘(B) in order to ensure diverse, healthy,

6 productive, and sustainable ecosystems.

7 ‘‘(3) A systems approach to ecosystem manage8 ment furthers the goal of conserving biodiversity.

9 ‘‘(4) Ecosystem management provides for the

10 following:

11 ‘‘(A) The promotion of the stewardship of

12 natural resources.

13 ‘‘(B) The formation of partnerships of

14 public and private interests to achieve shared

15 goals for the stewardship of natural resources.

16 ‘‘(C) The promotion of public participation

17 in decisions and activities related to the stew18 ardship of natural resources.

19 ‘‘(D) The use of the best available sci20 entific knowledge and technology to achieve the

21 stewardship of natural resources.

22 ‘‘(E) The establishment of cooperative

23 planning and management activities to protect

24 and manage ecosystems that cross jurisdictional

25 boundaries.
4

•S 2189 IS

1 ‘‘(F) The implementation of cooperative,

2 coordinated planning activities among Federal,

3 tribal, State, local, and private landowners.

4 ‘‘ECOSYSTEM MANAGEMENT COMMISSION

5 ‘‘SEC. 217. (a) ESTABLISHMENT.—There is estab6 lished an Ecosystem Management Commission (referred

7 to in this section as the ‘Commission’).

8 ‘‘(b) PURPOSES OF THE COMMISSION.—The purposes

9 of the Commission are as follows:

10 ‘‘(1) To advise the Secretary and Congress con11 cerning policies relating to ecosystem management

12 on public lands.

13 ‘‘(2) To examine opportunities for and con14 straints on achieving cooperative and coordinated

15 ecosystem management strategies that provide for

16 cooperation between the Federal Government and

17 Indian tribes, States and political subdivisions of

18 States, and private landowners to incorporate a

19 multijurisdictional approach to ecosystem manage20 ment.

21 ‘‘(c) MEMBERS.—The Commission shall consist of

22 the following 16 individuals:

23 ‘‘(1) From the Committee on Energy and Natu24 ral Resources of the Senate:
5

•S 2189 IS

1 ‘‘(A) The Chairman (or a designee of the

2 Chairman) and the Ranking Minority Member

3 (or a designee of the Member).

4 ‘‘(B) The Chairman (or a designee of the

5 Chairman) and the Ranking Minority Member

6 (or a designee of the Member) of the Sub7 committee on Public Lands, National Parks

8 and Forests.

9 ‘‘(2) From the Committee on Appropriations of

10 the Senate:

11 ‘‘(A) The Chairman (or a designee of the

12 Chairman) and the Ranking Minority Member

13 (or a designee of the Member).

14 ‘‘(B) The Chairman (or a designee of the

15 Chairman) and the Ranking Minority Member

16 (or a designee of the Member) of the Sub17 committee on Interior and Related Agencies.

18 ‘‘(3) From the Committee on Natural Re19 sources of the House of Representatives:

20 ‘‘(A) The Chairman (or a designee of the

21 Chairman) and the Ranking Minority Member

22 (or a designee of the Member).

23 ‘‘(B) The Chairman (or a designee of the

24 Chairman) and the Ranking Minority Member

25 (or a designee of the Member) of the Sub-
6

•S 2189 IS

1 committee on National Parks, Forests, and

2 Public Lands.

3 ‘‘(4) From the Committee on Appropriations of

4 the House of Representatives:

5 ‘‘(A) The Chairman (or a designee of the

6 Chairman) and the Ranking Minority Member

7 (or a designee of the Member).

8 ‘‘(B) The Chairman (or a designee of the

9 Chairman) and the Ranking Minority Member

10 (or a designee of the Member) of the Sub11 committee on Interior.

12 ‘‘(d) CHAIRMAN.—The Commission shall elect a

13 Chairman from among the members of the Commission.

14 ‘‘(e) DUTIES OF THE COMMISSION.—The duties of

15 the Commission are as follows:

16 ‘‘(1) To conduct studies to accomplish the fol17 lowing:

18 ‘‘(A) To develop, in a manner consistent

19 with section 216, a definition of the term ‘eco20 system management’.

21 ‘‘(B) To identify appropriate geographic

22 scales for coordinated ecosystem-based plan23 ning.

24 ‘‘(C) To identify, with respect to the Fed25 eral Government, the governments of Indian
7

•S 2189 IS

1 tribes, States and political subdivisions of

2 States, and private landowners, constraints on,

3 and opportunities for, ecosystem management

4 in order to facilitate the coordination of plan5 ning activities for ecosystem management

6 among the governments and private land7 owners.

8 ‘‘(D) To identify strategies for implement9 ing ecosystem management that recognize the

10 following:

11 ‘‘(i) The role of human populations in

12 the operation of ecosystems.

13 ‘‘(ii) The dependency of human popu14 lations on sustainable ecosystems for the

15 production of goods and the provision of

16 services.

17 ‘‘(E) To examine this Act, and each other

18 Federal law or policy that directly or indirectly

19 affects the management of public lands, includ20 ing Federal lands that have been withdrawn

21 from the public domain, to determine whether

22 any legislation or changes to administrative

23 policies, practices, or procedures are necessary

24 to facilitate ecosystem management by the Fed-
8

•S 2189 IS

1 eral Government in accordance with section

2 216.

3 ‘‘(F) To examine the budget and operation

4 of each Federal department or agency with re5 sponsibilities related to ecosystem management

6 to determine whether changes are needed to fa7 cilitate ecosystem management.

8 ‘‘(G) To identify incentives, such as trust

9 funds, to encourage Indian tribes, States and

10 political subdivisions of States, and private

11 landowners to assist the Federal Government in

12 the development of ecosystem management

13 strategies.

14 ‘‘(H) To identify disincentives that may be

15 used to discourage the entities described in sub16 paragraph (G) from refusing to assist the Fed17 eral Government in the development of eco18 system management strategies.

19 ‘‘(I) To determine the necessity for one or

20 more governmental entities—

21 ‘‘(i) to establish a new river basin

22 commission or other regional entity,

23 ‘‘(ii) to enter into a new interstate

24 compact, or

25 ‘‘(iii) to take any other related action,
9

•S 2189 IS

1 in order to facilitate the implementation of eco2 system management and to ensure the coordi3 nation of planning activities with other govern4 mental entities in a manner consistent with sec5 tion 216 and this section.

6 ‘‘(J) To identify, through the use of case

7 studies that represent different regions of the

8 United States (including the Columbia River

9 Basin in the Western United States and the

10 New York-New Jersey Highlands area in the

11 Eastern United States), opportunities for and

12 constraints on the coordination of planning ac13 tivities of the Federal Government, Indian

14 tribes, State governments, and the governments

15 of political subdivisions of States, and private

16 landowners to accomplish the following:

17 ‘‘(i) To implement ecosystem manage18 ment.

19 ‘‘(ii) To serve as a framework for co20 operative planning efforts across the

21 United States.

22 ‘‘(2) To develop recommendations concerning

23 the findings of the studies described in paragraph

24 (1).
10

•S 2189 IS

1 ‘‘(3) To submit to Congress and the Secretary,

2 not later than 1 year after the date of enactment of

3 the Ecosystem Management Act of 1994, a report

4 that contains the findings of the studies conducted

5 pursuant paragraph (1) and the recommendations

6 developed pursuant to paragraph (2).

7 ‘‘(f) MEETINGS.—

8 ‘‘(1) Not later than 180 days after the date of

9 enactment of the Ecosystem Management Act of

10 1994, the Commission shall hold its initial meeting.

11 ‘‘(2) Subsequent meetings shall be held at the

12 call of the Chairman.

13 ‘‘(g) QUORUM.—A majority of the members of the

14 Commission shall constitute a quorum, but a lesser num15 ber of members may hold hearings.

16 ‘‘(h) POWERS OF THE COMMISSION .—(1) The Com17 mission may hold such hearings, sit and act at such times

18 and places, take such testimony, and receive such evidence

19 as the Commission considers appropriate to carry out this

20 section.

21 ‘‘(2) The Commission may secure directly from any

22 Federal department or agency such information as the

23 Commission considers necessary to carry out the duties

24 of the Commission, specified in subsection (e). Upon re25 quest of the Chairman of the Commission, the head of
11

•S 2189 IS

1 such Federal department or agency shall furnish such in2 formation to the Commission.

3 ‘‘(3) The Commission may use the United States

4 mails in the same manner and under the same conditions

5 as other Federal departments or agencies.

6 ‘‘(4) The Commission may accept, use, and dispose

7 of gifts or donations of services or property.

8 ‘‘(i) PERSONNEL AND SERVICES.—The Secretary

9 shall detail without reimbursement such personnel, and

10 provide such services without reimbursement to the Com11 mission as the Commission may require to carry out the

12 duties specified in subsection (e). An employee of the Fed13 eral Government detailed to the Commission under this

14 subsection shall serve without interruption or loss of civil

15 service status or privilege.

16 ‘‘(j) TRAVEL EXPENSES.—The members of the Com17 mission shall be allowed travel expenses, including per

18 diem in lieu of subsistence, at rates authorized for employ19 ees of agencies under subchapter I of chapter 57 of title

20 5, United States Code, while away from their homes or

21 regular places of business in the performance of services

22 for the Commission.

23 ‘‘(k) ADVISORY COMMITTEE.—(1) Not later than 90

24 days after the date of enactment of the Ecosystem Man25 agement Act of 1994, the Secretary shall establish an Eco-
12

•S 2189 IS

1 system Management Advisory Committee (referred to in

2 this section as the ‘Advisory Committee’) to assist the

3 Commission in preparing and reviewing the report re4 quired by subsection (e)(3).

5 ‘‘(2) The Secretary shall appoint 13 members to the

6 Advisory Committee by the date specified in paragraph (1)

7 as follows:

8 ‘‘(A) Two members shall be selected from nomi9 nations submitted by tribal organizations located in

10 States that have a significant amount of public lands

11 (as determined by the Secretary).

12 ‘‘(B) Three members shall be officials of a gov13 ernment of a State or political subdivision of a State

14 or a community organization (as determined by the

15 Secretary) selected from nominations from the Gov16 ernors of States described in subparagraph (A) or

17 from the Western Governors Association.

18 ‘‘(C) Two members shall be representatives of

19 conservation groups who have substantial experience

20 and expertise in public land policies.

21 ‘‘(D) Two members shall be representatives of

22 industrial concerns who have substantial experience

23 and expertise in public land policies.
13

•S 2189 IS

1 ‘‘(E) Two members shall be representatives of

2 scientific or professional societies who are familiar

3 with the concept of ecosystem management.

4 ‘‘(F) Two members shall be representatives

5 from the legal community with recognized legal ex6 pertise in the areas of—

7 ‘‘(i) constitutional or land use law; and

8 ‘‘(ii) public land policy.

9 ‘‘(3) The Advisory Committee shall select a Chairman

10 from among the members of the Advisory Committee.

11 ‘‘(4) The Advisory Committee shall hold an initial

12 meeting not later than 30 days after the Commission holds

13 its initial meeting pursuant to subsection (f)(1). Subse14 quent meetings shall be held at the call of the Chairman.

15 ‘‘(5) The Advisory Committee shall have same au16 thorities granted to the Commission under paragraphs (1)

17 through (4) of subsection (h).

18 ‘‘(6) The members of the Advisory Committee shall

19 be allowed travel expenses, including per diem in lieu of

20 subsistence, at rates authorized for employees of agencies

21 under subchapter I of chapter 57 of title 5, United States

22 Code, while away from their homes or regular places of

23 business in the performance of services for the Advisory

24 Committee.
14

•S 2189 IS

1 ‘‘(l) TERMINATION OF COMMISSION AND ADVISORY

2 COMMITTEE.—The Commission and Advisory Committee

3 shall terminate on the date that is 30 days after the Com4 mission submits a report to the Secretary and to Congress

5 under subsection (e)(3).

6 ‘‘(m) EXEMPTION FROM FEDERAL ADVISORY COM7 MITTEE ACT.—The Federal Advisory Committee Act (5

8 U.S.C. App.) shall not apply to the Commission or to the

9 Advisory Committee.

10 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated to the Department of

12 the Interior $10,000,000 to carry out this section.’’.

13 SEC. 3. CONFORMING AMENDMENTS.

14 (a) AMENDMENT TO TABLE OF CONTENTS.—The

15 table of contents at the beginning of the Federal Land

16 Policy and Management Act of 1976 is amended by add17 ing at the end of the items relating to title II the following

18 new items:

‘‘Sec. 215. Authority with respect to certain withdrawals.

‘‘Sec. 216. Ecosystem management.

‘‘Sec. 217. Ecosystem Management Commission.’’.

19 (b) TECHNICAL AMENDMENT.—Before section 215 of

20 such Act (43 U.S.C. 1723) insert the following new head21 ing:

22 ‘‘AUTHORITY WITH RESPECT TO CERTAIN

23 WITHDRAWALS’’.

Æ