IIA

103D CONGRESS

1ST SESSION H. R. 1845

IN THE SENATE OF THE UNITED STATES

NOVEMBER 1 (legislative day, OCTOBER 13), 1993

Received; read twice and referred to the Committee on Environment and

Public Works

AN ACT

To establish the Biological Survey in the Department of

the Interior.

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 ‘‘National Biological

5 Survey Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—The Congress finds the following:

8 (1) The Department of the Interior needs a co9 ordinated and comprehensive source of information

10 about the nation’s biological resources in order to

11 address national, regional, and local natural resource
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1 conflicts and to avoid future natural resource prob2 lems.

3 (2) Research, information, and analysis are

4 critical to the management of biological and natural

5 resources on an ecosystem basis.

6 (3) In recent years, the need for broader and

7 more timely biological information has been readily

8 apparent in the numerous controversies and poten9 tial economic dislocations surrounding natural re10 source management.

11 (4) Presently, biological research, information,

12 and analysis are dispersed and fragmented among

13 different bureaus in the Department of the Interior.

14 (b) PURPOSE.—It is the purpose of this Act to estab15 lish a National Biological Survey to provide a national

16 focus for research, inventorying, and monitoring of Ameri17 ca’s biological resources on an ecosystem basis.

18 SEC. 3. NATIONAL BIOLOGICAL SURVEY.

19 (a) ESTABLISHMENT.—There is established in the

20 Department of the Interior an office which shall be known

21 as the National Biological Survey.

22 (b) DIRECTOR.—

23 (1) IN GENERAL.—The Survey shall be under

24 the supervision of the Director of the National Bio25 logical Survey, who shall—
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1 (A) be appointed by the President, by and

2 with the advice and consent of the Senate, from

3 among individuals having expertise in the bio4 logical sciences; and

5 (B) be compensated, subject to appropria6 tion, at the rate provided for level V of the Ex7 ecutive Schedule.

8 (2) FUNCTIONS.—The Director, under the su9 pervision of the Assistant Secretary and to the ex10 tent practicable in cooperation with other Federal,

11 State, and local agencies, Tribal governments, pri12 vate organizations, and other entities, shall perform

13 the following functions:

14 (A) Conduct research on biological re15 sources, including plants, fish, wildlife, and

16 their habitat.

17 (B) Monitor methods by which ecosystems

18 are managed.

19 (C) Collect and analyze data and informa20 tion to determine and inventory the distribu21 tion, abundance, health, and status and trends

22 of biological resources.

23 (D) Develop methods for the consistent

24 and systematic collection and analysis of data

25 on ecosystems and their components.
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1 (E) Disseminate information to resource

2 managers, scientists, and the public.

3 (F) Provide technical assistance within the

4 Department of the Interior and to other Fed5 eral agencies, States, Tribal governments, pri6 vate organizations, and other entities with re7 spect to research, inventory, and monitoring of

8 biological resources.

9 (G) Establish, in cooperation with other

10 Federal, State, and local agencies, Tribal gov11 ernments, private organizations, and other enti12 ties, a network to assist in collecting and main13 taining data concerning the distribution, abun14 dance, health, and status and trends of the Na15 tion’s biological resources.

16 (H) After the date that is 90 days after

17 the date of the enactment of this Act, or such

18 earlier date as may be specified by the Sec19 retary, perform functions under the National

20 Wetlands Inventory Project that were per21 formed before the date of the enactment of this

22 Act by the United States Fish and Wildlife

23 Service under section 401 of the Emergency

24 Wetlands Resources Act of 1986 (16 U.S.C.

25 3931), except that this subparagraph shall not
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1 be considered to authorize the Director to per2 form any such function that is completed before

3 that date of enactment.

4 (I) Cooperate, as appropriate, with the

5 United States Fish and Wildlife Service, the

6 National Park Service, and other Federal agen7 cies to help provide technical and scientific as8 sistance to other countries which seek to per9 form biological research monitoring and inven10 tory to manage biological diversity for the pur11 pose of meeting their obligations under the

12 Convention on Biological Diversity and other

13 international agreements.

14 (c) POWERS.—

15 (1) IN GENERAL.—In addition to such powers

16 as may be delegated to the Director by the Sec17 retary, and as necessary to carry out the functions

18 enumerated in subsection (b)(2), the Director shall

19 have the authority to—

20 (A) enter into contracts and cooperative

21 agreements with, and provide grants to, any ap22 propriate Federal, State, and local agencies,

23 Tribal governments, private organizations, and

24 other entities;
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1 (B) subject to paragraph (2), accept lands,

2 buildings, equipment, and other contributions of

3 real or personal property, either in cash or in4 kind, from public or private sources; and

5 (C) carry out projects in cooperation with

6 other Federal, State, and local agencies, Tribal

7 governments, private organizations, and other

8 entities.

9 (2) LIMITATION ON ACCEPTANCE OF LANDS,

10 BUILDINGS, AND OTHER REAL PROPERTY.—The Di11 rector may not accept real property under paragraph

12 (1)(B) except—

13 (A) buildings;

14 (B) land on which is located a building ac15 cepted under that paragraph; and

16 (C) land adjoining land described in sub17 paragraph (B) of this paragraph, that is nec18 essary for functions of the Survey to be con19 ducted in a building accepted under paragraph

20 (1)(B).

21 (d) PEER REVIEW.—The Director shall provide for

22 a scientific peer review process to ensure the validity and

23 reliability of the research conducted and the data collected

24 in carrying out the functions enumerated in subsection

25 (b)(2). Such a process shall provide for (1) review by inde-
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1 pendent referees appointed by the Director from among

2 individuals recommended by the National Academy of

3 Sciences, and (2) consideration of other data or informa4 tion that is submitted to the Director and is relevant to

5 the validity and reliability of the research conducted and

6 the data collected in carrying out the functions enumer7 ated in subsection (b)(2).

8 (e) ENSURING INTEGRITY OF SURVEY FUNCTIONS.—

9 A person who is an officer, employee, or agent of the Sur10 vey may not in that capacity—

11 (1) perform any function of the Survey on land

12 in which any officer, employee, or agent of the Sur13 vey owns any interest; or

14 (2) conduct any activity for or on behalf of any

15 private person.

16 (f) MAINTENANCE OF RESEARCH OF LOCAL IMPOR17 TANCE.—The Director shall seek to ensure, to the greatest

18 extent practicable, the continued performance of research

19 of significant local importance that is being conducted by

20 any individual, in their capacity as a Federal employee,

21 on the day before the date the individual becomes em22 ployed by the Survey (including such research conducted

23 on the day before an individual became employed by the

24 National Biological Survey established by the Secretary

25 before the enactment of this Act).
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1 SEC. 4. NATIONAL BIOLOGICAL SURVEY SCIENCE ADVI2 SORY COUNCIL.

3 (a) ESTABLISHMENT.—There is established a Na4 tional Biological Survey Science Advisory Council to ad5 vise the Director on structuring appropriate collaborative

6 relationships for research, inventorying and monitoring of

7 biological resources and on scientific peer review proce8 dures to ensure the validity and reliability of the research

9 conducted and the data collected by the Survey. Section

10 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C.

11 App.) shall not apply to the National Biological Survey

12 Science Advisory Council.

13 (b) MEMBERSHIP.—The Council shall consist of not

14 more than 15 members appointed by the Secretary from

15 among individuals who are qualified based on scientific

16 education and experience and who are representatives of

17 executive departments, including—

18 (1) the Office of Science and Technology Policy;

19 (2) the Department of the Interior;

20 (3) the Environmental Protection Agency;

21 (4) the National Science Foundation;

22 (5) the National Oceanic and Atmospheric Ad23 ministration;

24 (6) the Department of Agriculture;

25 (7) the Department of Defense; and
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1 (8) State and local agencies, Tribal govern2 ments, private organizations, research institutions,

3 and other entities.

4 (c) COMPENSATION.—An individual may not receive

5 compensation from the United States by reason of their

6 service on the Council.

7 SEC. 5. SURVEY ACTIVITIES ON PRIVATE AND OTHER NON8 FEDERAL LANDS.

9 (a) COMPLIANCE WITH STATE LAWS.—The Survey

10 shall comply with applicable State and Tribal government

11 laws, including laws relating to private property rights and

12 privacy.

13 (b) CONSENT AND NOTICE REQUIREMENTS.—

14 (1) IN GENERAL.—The Survey shall not enter

15 non-Federal real property for the purpose of collect16 ing information regarding the property, unless the

17 owner of the property has—

18 (A) consented in writing to that entry;

19 (B) after providing that consent, been pro20 vided notice of that entry; and

21 (C) been notified that any raw data col22 lected from the property must be made avail23 able at no cost, if requested by the land owner.

24 (2) LIMITATION.—Paragraph (1) does not pro25 hibit entry of property for the purpose of obtaining
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1 consent or providing notice as required by that para2 graph.

3 (c) LIMITATION ON USE OF INFORMATION.—Infor4 mation that is collected by the Survey from non-Federal

5 real property may not be used by the Survey, and may

6 not be provided by the Survey to any other person, un7 less—

8 (1) the Secretary has provided to the owner of

9 the property—

10 (A) access to the information;

11 (B) a detailed description of the manner in

12 which the information was collected; and

13 (C) an opportunity to dispute the accuracy

14 of the information; and

15 (2) if the owner of the property disputes the in16 formation pursuant to subparagraph (C), the Sec17 retary determines that the information is accurate.

18 (d) IMMUNITY FROM CIVIL LIABILITY.—The owner

19 of privately-owned property is not liable for any costs, fees,

20 or damages under any State or Federal law for any injury

21 incurred by a person in performing any activity on the

22 property as an officer, employee, or agent of the Survey

23 (including the performance of an activity pursuant to a

24 contract or cooperative agreement with the Survey), other
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1 than an injury caused by the gross negligence or willful

2 misconduct of the owner.

3 (e) REPORT TO CONGRESS.—On January 1, 1995,

4 and January 1, 1996, and biennially thereafter, the Sec5 retary shall provide a report to the Committee on Mer6 chant Marine and Fisheries in the House of Representa7 tives and the Committee on Environment and Public

8 Works in the Senate. The report shall identify all activities

9 of the Survey on non-Federal lands and shall certify com10 pliance with subsection (b)(1).

11 (f) SURVEY POLICY ON ACCESS TO PRIVATE AND

12 NON-FEDERAL LANDS.—Within six months of enactment,

13 the Director shall develop a policy for Survey employees

14 and agents to follow in order to help ensure compliance

15 with subsection (b)(1). The Director shall provide this pol16 icy to the Committee on Merchant Marine and Fisheries

17 in the House of Representatives and the Committee on

18 Environment and Public Works in the Senate.

19 (g) SURVEY DEFINED.—In this section, the term

20 ‘‘Survey’’ includes any person that is an officer, employee,

21 or agent of the Survey, including any such person acting

22 pursuant to a contract or cooperative agreement with or

23 any grant from the Survey.

24 (h) The Director shall notify in writing the relevant

25 State and county committees established under section
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1 8(b) of the Soil Conservation and Domestic Allotment Act

2 (16 U.S.C. 590h(b)), or the successors to such commit3 tees, in a timely manner and prior to the Survey entering

4 onto non-Federal real property for which the State and

5 county committees maintain records or have responsibility

6 as provided in programs administered by the Secretary of

7 Agriculture.

8 SEC. 6. DEFINITIONS.

9 As used in this Act—

10 (1) the term ‘‘Assistant Secretary’’ means the

11 Assistant Secretary for Fish and Wildlife of the De12 partment of the Interior established under section 3

13 of the Fish and Wildlife Act of 1956 (16 U.S.C.

14 742b);

15 (2) the term ‘‘biological resources’’ means

16 plants, fish, invertebrates, and wildlife inhabiting

17 terrestrial, aquatic, and marine ecosystems;

18 (3) the term ‘‘Director’’ means the Director of

19 the National Biological Survey appointed under sec20 tion 3(b);

21 (4) the term ‘‘Secretary’’ means the Secretary

22 of the Interior;

23 (5) the term ‘‘Survey’’ means the National Bio24 logical Survey established under this Act; and
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1 (6) the term ‘‘Tribal government’’ means the

2 government of any Indian tribe, band, nation, or

3 other organized group or community, including any

4 Alaska Native village or regional corporation as de5 fined in or established pursuant to the Alaska Na6 tive Claims Settlement Act (43 U.S.C. 1601 et seq.),

7 which is recognized as eligible for the special pro8 grams and services provided by the United States to

9 Indians because of their status as Indians.

10 SEC. 7. CONFORMING AMENDMENTS.

11 (a) TITLE 5.—Section 5316 of title 5, United States

12 Code, is amended by inserting after the item relating to

13 the Director, United States Fish and Wildlife Service, De14 partment of the Interior, the following:

15 ‘‘Director of the National Biological Survey,

16 Department of the Interior.’’.

17 (b) NATIONAL WETLANDS INVENTORY.—Section

18 401(a) of the Emergency Wetlands Resources Act of 1986

19 (16 U.S.C. 3931(a)) is amended—

20 (1) by striking ‘‘the United States Fish and

21 Wildlife Service’’ and inserting ‘‘the National Bio22 logical Survey’’; and

23 (2) in paragraph (1) by striking ‘‘the Service’’

24 and inserting ‘‘the National Biological Survey’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 subsection (b) shall take effect on the date that is 90 days

3 after the date of the enactment of this Act, or such earlier

4 date as is specified by the Secretary for purposes of sec5 tion 3(b)(2)(H).

6 SEC. 8. AUTHORIZATION AND REPORTS.

7 (a) CURRENT AUTHORIZATIONS.—There are author8 ized to be appropriated—

9 (1) for fiscal year 1994, an amount not to ex10 ceed $170,319,000; and

11 (2) for fiscal year 1995, such sums as may be

12 necessary to carry out the purposes of this Act.

13 (b) FUTURE AUTHORIZATIONS.—After September

14 30, 1995, no amounts shall be appropriated to carry out

15 any program, function, or activity of the Survey unless

16 those amounts have been authorized to be appropriated

17 by an Act of Congress.

18 (c) PERIODIC REPORTS AND PROPOSALS.—

19 (1) REPORTS.—At the time that the President

20 submits to the Congress an annual budget proposal,

21 the Secretary shall submit to the appropriate com22 mittees of the House of Representatives and the

23 Senate a report concerning the utilization of

24 amounts previously appropriated for programs, func25 tions, and activities of the Survey and the proposed
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1 utilization of such appropriated amounts during the

2 following fiscal year.

3 (2) PROPOSALS.—Beginning on January 1,

4 1997, and not later than January 1 of each second

5 odd-numbered year thereafter, the Secretary shall

6 submit to the Speaker of the House of Representa7 tives and the President of the Senate a proposal for

8 any requested further authorization of appropria9 tions for all programs, functions, and activities of

10 the Survey to be carried out during the 4 full fiscal

11 years beginning on October 1 of the calendar year

12 following the calendar year in which such proposal

13 is submitted.

14 SEC. 9. RELATIONSHIP TO OTHER LAWS.

15 Except as provided in sections 3(b)(2)(I), 4(a), and

16 7, this Act shall not be construed to amend, repeal, super17 sede, or otherwise affect any other law.

18 SEC. 10. COMPLIANCE WITH BUY AMERICAN ACT.

19 No funds appropriated pursuant to this Act may be

20 expended by an entity unless the entity agrees that in ex21 pending the assistance the entity will comply with sections

22 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

23 10c, popularly known as the ‘‘Buy American Act’’).
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1 SEC. 11. SENSE OF CONGRESS; REQUIREMENT REGARDING

2 NOTICE.

3 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

4 AND PRODUCTS.—In the case of any equipment or prod5 ucts that may be authorized to be purchased with financial

6 assistance provided under this Act, it is the sense of the

7 Congress that entities receiving such assistance should, in

8 expending the assistance, purchase only American-made

9 equipment and products.

10 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

11 providing financial assistance under this Act, the Director

12 of the National Biological Survey shall provide to each re13 cipient of the assistance a notice describing the statement

14 made in subsection (a) by the Congress.

15 SEC. 12. PROHIBITION OF CONTRACTS.

16 If it has been finally determined by a court or Federal

17 agency that any person intentionally affixed a fraudulent

18 label bearing a ‘‘Made in America’’ inscription, or any in19 scription with the same meaning, to any product sold in

20 or shipped to the United States that was not made in the

21 United States, such person shall be ineligible to receive

22 any contract or subcontract made with funds provided

23 pursuant to this Act, pursuant to the debarment, suspen24 sion, and ineligibility procedures described in sections

25 9.400 through 9.409 of title 48, Code of Federal Regula26 tions.
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1 SEC. 13. FISH AND WILDLIFE MANAGEMENT.

2 (a) The establishment and operations of the National

3 Biological Survey shall not be construed to enlarge or di4 minish the authorities or responsibilities of the States, ter5 ritories, or possessions of the United States, for the man6 agement of fish and wildlife and their habitats.

7 (b) The establishment and operations of the National

8 Biological Survey shall maintain the scientific research

9 programs on fish and wildlife and their habitats conducted

10 by States, colleges, and universities with appropriate funds

11 or personnel provided, in whole or in part, by the Depart12 ment of the Interior.

13 (c) The National Biological Survey shall provide ade14 quate support for research and related efforts necessary

15 for the proper management of wildlife, fish, and their

16 habitats, including the provision of data and information

17 from the Migratory Bird Banding Laboratory that is nec18 essary for the United States Fish and Wildlife Service to

19 fulfill its responsibilities for the management of migratory

20 birds, including hunting programs.

Passed the House of Representatives October 26,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.