103D CONGRESS

1ST SESSION H. R. 1845

AN ACT

To establish the Biological Survey in the

Department of the Interior.
103D CONGRESS

1ST SESSION H. R. 1845

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:
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1 (1) The Department of the Interior needs a co2 ordinated and comprehensive source of information

3 about the nation’s biological resources in order to

4 address national, regional, and local natural resource

5 conflicts and to avoid future natural resource prob6 lems.

7 (2) Research, information, and analysis are

8 critical to the management of biological and natural

9 resources on an ecosystem basis.

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

11 more timely biological information has been readily

12 apparent in the numerous controversies and poten13 tial economic dislocations surrounding natural re14 source management.

15 (4) Presently, biological research, information,

16 and analysis are dispersed and fragmented among

17 different bureaus in the Department of the Interior.

18 (b) PURPOSE.—It is the purpose of this Act to estab19 lish a National Biological Survey to provide a national

20 focus for research, inventorying, and monitoring of Ameri21 ca’s biological resources on an ecosystem basis.

22 SEC. 3. NATIONAL BIOLOGICAL SURVEY.

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

24 Department of the Interior an office which shall be known

25 as the National Biological Survey.
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1 (b) DIRECTOR.—

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

3 the supervision of the Director of the National Bio4 logical Survey, who shall—

5 (A) be appointed by the President, by and

6 with the advice and consent of the Senate, from

7 among individuals having expertise in the bio8 logical sciences; and

9 (B) be compensated, subject to appropria10 tion, at the rate provided for level V of the Ex11 ecutive Schedule.

12 (2) FUNCTIONS.—The Director, under the su13 pervision of the Assistant Secretary and to the ex14 tent practicable in cooperation with other Federal,

15 State, and local agencies, Tribal governments, pri16 vate organizations, and other entities, shall perform

17 the following functions:

18 (A) Conduct research on biological re19 sources, including plants, fish, wildlife, and

20 their habitat.

21 (B) Monitor methods by which ecosystems

22 are managed.

23 (C) Collect and analyze data and informa24 tion to determine and inventory the distribu-
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1 tion, abundance, health, and status and trends

2 of biological resources.

3 (D) Develop methods for the consistent

4 and systematic collection and analysis of data

5 on ecosystems and their components.

6 (E) Disseminate information to resource

7 managers, scientists, and the public.

8 (F) Provide technical assistance within the

9 Department of the Interior and to other Fed10 eral agencies, States, Tribal governments, pri11 vate organizations, and other entities with re12 spect to research, inventory, and monitoring of

13 biological resources.

14 (G) Establish, in cooperation with other

15 Federal, State, and local agencies, Tribal gov16 ernments, private organizations, and other enti17 ties, a network to assist in collecting and main18 taining data concerning the distribution, abun19 dance, health, and status and trends of the Na20 tion’s biological resources.

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

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

23 earlier date as may be specified by the Sec24 retary, perform functions under the National

25 Wetlands Inventory Project that were per-
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1 formed before the date of the enactment of this

2 Act by the United States Fish and Wildlife

3 Service under section 401 of the Emergency

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

5 3931), except that this subparagraph shall not

6 be considered to authorize the Director to per7 form any such function that is completed before

8 that date of enactment.

9 (I) Cooperate, as appropriate, with the

10 United States Fish and Wildlife Service, the

11 National Park Service, and other Federal agen12 cies to help provide technical and scientific as13 sistance to other countries which seek to per14 form biological research monitoring and inven15 tory to manage biological diversity for the pur16 pose of meeting their obligations under the

17 Convention on Biological Diversity and other

18 international agreements.

19 (c) POWERS.—

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

21 as may be delegated to the Director by the Sec22 retary, and as necessary to carry out the functions

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

24 have the authority to—
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1 (A) enter into contracts and cooperative

2 agreements with, and provide grants to, any ap3 propriate Federal, State, and local agencies,

4 Tribal governments, private organizations, and

5 other entities;

6 (B) subject to paragraph (2), accept lands,

7 buildings, equipment, and other contributions of

8 real or personal property, either in cash or in9 kind, from public or private sources; and

10 (C) carry out projects in cooperation with

11 other Federal, State, and local agencies, Tribal

12 governments, private organizations, and other

13 entities.

14 (2) LIMITATION ON ACCEPTANCE OF LANDS,

15 BUILDINGS, AND OTHER REAL PROPERTY.—The Di16 rector may not accept real property under paragraph

17 (1)(B) except—

18 (A) buildings;

19 (B) land on which is located a building ac20 cepted under that paragraph; and

21 (C) land adjoining land described in sub22 paragraph (B) of this paragraph, that is nec23 essary for functions of the Survey to be con24 ducted in a building accepted under paragraph

25 (1)(B).
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1 (d) PEER REVIEW.—The Director shall provide for

2 a scientific peer review process to ensure the validity and

3 reliability of the research conducted and the data collected

4 in carrying out the functions enumerated in subsection

5 (b)(2). Such a process shall provide for (1) review by inde6 pendent referees appointed by the Director from among

7 individuals recommended by the National Academy of

8 Sciences, and (2) consideration of other data or informa9 tion that is submitted to the Director and is relevant to

10 the validity and reliability of the research conducted and

11 the data collected in carrying out the functions enumer12 ated in subsection (b)(2).

13 (e) ENSURING INTEGRITY OF SURVEY FUNCTIONS.—

14 A person who is an officer, employee, or agent of the Sur15 vey may not in that capacity—

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

17 in which any officer, employee, or agent of the Sur18 vey owns any interest; or

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

20 private person.

21 (f) MAINTENANCE OF RESEARCH OF LOCAL IMPOR22 TANCE.—The Director shall seek to ensure, to the greatest

23 extent practicable, the continued performance of research

24 of significant local importance that is being conducted by

25 any individual, in their capacity as a Federal employee,
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1 on the day before the date the individual becomes em2 ployed by the Survey (including such research conducted

3 on the day before an individual became employed by the

4 National Biological Survey established by the Secretary

5 before the enactment of this Act).

6 SEC. 4. NATIONAL BIOLOGICAL SURVEY SCIENCE ADVI7 SORY COUNCIL.

8 (a) ESTABLISHMENT.—There is established a Na9 tional Biological Survey Science Advisory Council to ad10 vise the Director on structuring appropriate collaborative

11 relationships for research, inventorying and monitoring of

12 biological resources and on scientific peer review proce13 dures to ensure the validity and reliability of the research

14 conducted and the data collected by the Survey. Section

15 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C.

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

17 Science Advisory Council.

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

19 more than 15 members appointed by the Secretary from

20 among individuals who are qualified based on scientific

21 education and experience and who are representatives of

22 executive departments, including—

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

24 (2) the Department of the Interior;

25 (3) the Environmental Protection Agency;
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1 (4) the National Science Foundation;

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

4 (6) the Department of Agriculture;

5 (7) the Department of Defense; and

6 (8) State and local agencies, Tribal govern7 ments, private organizations, research institutions,

8 and other entities.

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

10 compensation from the United States by reason of their

11 service on the Council.

12 SEC. 5. SURVEY ACTIVITIES ON PRIVATE AND OTHER NON13 FEDERAL LANDS.

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

15 shall comply with applicable State and Tribal government

16 laws, including laws relating to private property rights and

17 privacy.

18 (b) CONSENT AND NOTICE REQUIREMENTS.—

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

20 non-Federal real property for the purpose of collect21 ing information regarding the property, unless the

22 owner of the property has—

23 (A) consented in writing to that entry;

24 (B) after providing that consent, been pro25 vided notice of that entry; and
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1 (C) been notified that any raw data col2 lected from the property must be made avail3 able at no cost, if requested by the land owner.

4 (2) LIMITATION.—Paragraph (1) does not pro5 hibit entry of property for the purpose of obtaining

6 consent or providing notice as required by that para7 graph.

8 (c) LIMITATION ON USE OF INFORMATION.—Infor9 mation that is collected by the Survey from non-Federal

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

11 not be provided by the Survey to any other person, un12 less—

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

14 the property—

15 (A) access to the information;

16 (B) a detailed description of the manner in

17 which the information was collected; and

18 (C) an opportunity to dispute the accuracy

19 of the information; and

20 (2) if the owner of the property disputes the in21 formation pursuant to subparagraph (C), the Sec22 retary determines that the information is accurate.

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

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

25 or damages under any State or Federal law for any injury
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1 incurred by a person in performing any activity on the

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

3 (including the performance of an activity pursuant to a

4 contract or cooperative agreement with the Survey), other

5 than an injury caused by the gross negligence or willful

6 misconduct of the owner.

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

8 and January 1, 1996, and biennially thereafter, the Sec9 retary shall provide a report to the Committee on Mer10 chant Marine and Fisheries in the House of Representa11 tives and the Committee on Environment and Public

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

13 of the Survey on non-Federal lands and shall certify com14 pliance with subsection (b)(1).

15 (f) SURVEY POLICY ON ACCESS TO PRIVATE AND

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

17 the Director shall develop a policy for Survey employees

18 and agents to follow in order to help ensure compliance

19 with subsection (b)(1). The Director shall provide this pol20 icy to the Committee on Merchant Marine and Fisheries

21 in the House of Representatives and the Committee on

22 Environment and Public Works in the Senate.

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

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

25 or agent of the Survey, including any such person acting
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1 pursuant to a contract or cooperative agreement with or

2 any grant from the Survey.

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

4 State and county committees established under section

5 8(b) of the Soil Conservation and Domestic Allotment Act

6 (16 U.S.C. 590h(b)), or the successors to such commit7 tees, in a timely manner and prior to the Survey entering

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

9 county committees maintain records or have responsibility

10 as provided in programs administered by the Secretary of

11 Agriculture.

12 SEC. 6. DEFINITIONS.

13 As used in this Act—

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

15 Assistant Secretary for Fish and Wildlife of the De16 partment of the Interior established under section 3

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

18 742b);

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

20 plants, fish, invertebrates, and wildlife inhabiting

21 terrestrial, aquatic, and marine ecosystems;

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

23 the National Biological Survey appointed under sec24 tion 3(b);
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1 (4) the term ‘‘Secretary’’ means the Secretary

2 of the Interior;

3 (5) the term ‘‘Survey’’ means the National Bio4 logical Survey established under this Act; and

5 (6) the term ‘‘Tribal government’’ means the

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

7 other organized group or community, including any

8 Alaska Native village or regional corporation as de9 fined in or established pursuant to the Alaska Na10 tive Claims Settlement Act (43 U.S.C. 1601 et seq.),

11 which is recognized as eligible for the special pro12 grams and services provided by the United States to

13 Indians because of their status as Indians.

14 SEC. 7. CONFORMING AMENDMENTS.

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

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

17 the Director, United States Fish and Wildlife Service, De18 partment of the Interior, the following:

19 ‘‘Director of the National Biological Survey,

20 Department of the Interior.’’.

21 (b) NATIONAL WETLANDS INVENTORY.—Section

22 401(a) of the Emergency Wetlands Resources Act of 1986

23 (16 U.S.C. 3931(a)) is amended—
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1 (1) by striking ‘‘the United States Fish and

2 Wildlife Service’’ and inserting ‘‘the National Bio3 logical Survey’’; and

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

5 and inserting ‘‘the National Biological Survey’’.

6 (c) EFFECTIVE DATE.—The amendments made by

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

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

9 date as is specified by the Secretary for purposes of sec10 tion 3(b)(2)(H).

11 SEC. 8. AUTHORIZATION AND REPORTS.

12 (a) CURRENT AUTHORIZATIONS.—There are author13 ized to be appropriated—

14 (1) for fiscal year 1994, an amount not to ex15 ceed $170,319,000; and

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

17 necessary to carry out the purposes of this Act.

18 (b) FUTURE AUTHORIZATIONS.—After September

19 30, 1995, no amounts shall be appropriated to carry out

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

21 those amounts have been authorized to be appropriated

22 by an Act of Congress.

23 (c) PERIODIC REPORTS AND PROPOSALS.—

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

25 submits to the Congress an annual budget proposal,
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1 the Secretary shall submit to the appropriate com2 mittees of the House of Representatives and the

3 Senate a report concerning the utilization of

4 amounts previously appropriated for programs, func5 tions, and activities of the Survey and the proposed

6 utilization of such appropriated amounts during the

7 following fiscal year.

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

9 1997, and not later than January 1 of each second

10 odd-numbered year thereafter, the Secretary shall

11 submit to the Speaker of the House of Representa12 tives and the President of the Senate a proposal for

13 any requested further authorization of appropria14 tions for all programs, functions, and activities of

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

16 years beginning on October 1 of the calendar year

17 following the calendar year in which such proposal

18 is submitted.

19 SEC. 9. RELATIONSHIP TO OTHER LAWS.

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

21 7, this Act shall not be construed to amend, repeal, super22 sede, or otherwise affect any other law.

23 SEC. 10. COMPLIANCE WITH BUY AMERICAN ACT.

24 No funds appropriated pursuant to this Act may be

25 expended by an entity unless the entity agrees that in ex-
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1 pending the assistance the entity will comply with sections

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

3 10c, popularly known as the ‘‘Buy American Act’’).

4 SEC. 11. SENSE OF CONGRESS; REQUIREMENT REGARDING

5 NOTICE.

6 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

7 AND PRODUCTS.—In the case of any equipment or prod8 ucts that may be authorized to be purchased with financial

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

10 Congress that entities receiving such assistance should, in

11 expending the assistance, purchase only American-made

12 equipment and products.

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

14 providing financial assistance under this Act, the Director

15 of the National Biological Survey shall provide to each re16 cipient of the assistance a notice describing the statement

17 made in subsection (a) by the Congress.

18 SEC. 12. PROHIBITION OF CONTRACTS.

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

20 agency that any person intentionally affixed a fraudulent

21 label bearing a ‘‘Made in America’’ inscription, or any in22 scription with the same meaning, to any product sold in

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

24 United States, such person shall be ineligible to receive

25 any contract or subcontract made with funds provided
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1 pursuant to this Act, pursuant to the debarment, suspen2 sion, and ineligibility procedures described in sections

3 9.400 through 9.409 of title 48, Code of Federal Regula4 tions.

5 SEC. 13. FISH AND WILDLIFE MANAGEMENT.

6 (a) The establishment and operations of the National

7 Biological Survey shall not be construed to enlarge or di8 minish the authorities or responsibilities of the States, ter9 ritories, or possessions of the United States, for the man10 agement of fish and wildlife and their habitats.

11 (b) The establishment and operations of the National

12 Biological Survey shall maintain the scientific research

13 programs on fish and wildlife and their habitats conducted

14 by States, colleges, and universities with appropriate funds

15 or personnel provided, in whole or in part, by the Depart16 ment of the Interior.

17 (c) The National Biological Survey shall provide ade18 quate support for research and related efforts necessary

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

20 habitats, including the provision of data and information

21 from the Migratory Bird Banding Laboratory that is nec22 essary for the United States Fish and Wildlife Service to
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1 fulfill its responsibilities for the management of migratory

2 birds, including hunting programs.

Passed the House of Representatives October 26,

1993.

Attest:

Clerk.