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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Biological
Survey Act of 1993’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The Department of the Interior needs a co-
ordinated and comprehensive source of information
about the nation’s biological resources in order to
address national, regional, and local natural resource
conflicts and to avoid future natural resource prob-
lems.
(2) Research, information, and analysis are
critical to the management of biological and natural
resources on an ecosystem basis.
(3) In recent years, the need for broader and
more timely biological information has been readily
apparent in the numerous controversies and poten-
tial economic dislocations surrounding natural re-
source management.
(4) Presently, biological research, information,
and analysis are dispersed and fragmented among
different bureaus in the Department of the Interior.
(b) PURPOSE.—It is the purpose of this Act to estab-
lish a National Biological Survey to provide a national
focus for research, inventorying, and monitoring of Ameri-
ca’s biological resources on an ecosystem basis.
SEC. 3. NATIONAL BIOLOGICAL SURVEY.
(a) ESTABLISHMENT.—There is established in the
Department of the Interior an office which shall be known
as the National Biological Survey.
(b) DIRECTOR.—
(1) IN GENERAL.—The Survey shall be under
the supervision of the Director of the National Bio-
logical Survey, who shall—
(A) be appointed by the President, by and
with the advice and consent of the Senate, from
among individuals having expertise in the bio-
logical sciences; and
(B) be compensated, subject to appropria-
tion, at the rate provided for level V of the Ex-
ecutive Schedule.
(2) FUNCTIONS.—The Director, under the su-
pervision of the Assistant Secretary and to the ex-
tent practicable in cooperation with other Federal,
State, and local agencies, Tribal governments, pri-
vate organizations, and other entities, shall perform
the following functions:
(A) Conduct research on biological re-
sources, including plants, fish, wildlife, and
their habitat.
(B) Monitor methods by which ecosystems
are managed.
(C) Collect and analyze data and informa-
tion to determine and inventory the distribu-
tion, abundance, health, and status and trends
of biological resources.
(D) Develop methods for the consistent
and systematic collection and analysis of data
on ecosystems and their components.
(E) Disseminate information to resource
managers, scientists, and the public.
(F) Provide technical assistance within the
Department of the Interior and to other Fed-
eral agencies, States, Tribal governments, pri-
vate organizations, and other entities with re-
spect to research, inventory, and monitoring of
biological resources.
(G) Establish, in cooperation with other
Federal, State, and local agencies, Tribal gov-
ernments, private organizations, and other enti-
ties, a network to assist in collecting and main-
taining data concerning the distribution, abun-
dance, health, and status and trends of the Na-
tion’s biological resources.
(H) After the date that is 90 days after
the date of the enactment of this Act, or such
earlier date as may be specified by the Sec-
retary, perform functions under the National
Wetlands Inventory Project that were per-
formed before the date of the enactment of this
Act by the United States Fish and Wildlife
Service under section 401 of the Emergency
Wetlands Resources Act of 1986 (16 U.S.C.
3931), except that this subparagraph shall not
be considered to authorize the Director to per-
form any such function that is completed before
that date of enactment.
(I) Cooperate, as appropriate, with the
United States Fish and Wildlife Service, the
National Park Service, and other Federal agen-
cies to help provide technical and scientific as-
sistance to other countries which seek to per-
form biological research monitoring and inven-
tory to manage biological diversity for the pur-
pose of meeting their obligations under the
Convention on Biological Diversity and other
international agreements.
(c) POWERS.—
(1) IN GENERAL.—In addition to such powers
as may be delegated to the Director by the Sec-
retary, and as necessary to carry out the functions
enumerated in subsection (b)(2), the Director shall
have the authority to—
(A) enter into contracts and cooperative
agreements with, and provide grants to, any ap-
propriate Federal, State, and local agencies,
Tribal governments, private organizations, and
other entities;
(B) subject to paragraph (2), accept lands,
buildings, equipment, and other contributions of
real or personal property, either in cash or in-
kind, from public or private sources; and
(C) carry out projects in cooperation with
other Federal, State, and local agencies, Tribal
governments, private organizations, and other
entities.
(2) LIMITATION
ON
ACCEPTANCE
OF
LANDS,
BUILDINGS, AND OTHER REAL PROPERTY.—The Di-
rector may not accept real property under paragraph
(1)(B) except—
(A) buildings;
(B) land on which is located a building ac-
cepted under that paragraph; and
(C) land adjoining land described in sub-
paragraph (B) of this paragraph, that is nec-
essary for functions of the Survey to be con-
ducted in a building accepted under paragraph
(1)(B).
(d) PEER REVIEW.—The Director shall provide for
a scientific peer review process to ensure the validity and
reliability of the research conducted and the data collected
in carrying out the functions enumerated in subsection
(b)(2). Such a process shall provide for (1) review by inde-
pendent referees appointed by the Director from among
individuals recommended by the National Academy of
Sciences, and (2) consideration of other data or informa-
tion that is submitted to the Director and is relevant to
the validity and reliability of the research conducted and
the data collected in carrying out the functions enumer-
ated in subsection (b)(2).
(e) ENSURING INTEGRITY OF SURVEY FUNCTIONS.—
A person who is an officer, employee, or agent of the Sur-
vey may not in that capacity—
(1) perform any function of the Survey on land
in which any officer, employee, or agent of the Sur-
vey owns any interest; or
(2) conduct any activity for or on behalf of any
private person.
(f) MAINTENANCE OF RESEARCH OF LOCAL IMPOR-
TANCE.—The Director shall seek to ensure, to the greatest
extent practicable, the continued performance of research
of significant local importance that is being conducted by
any individual, in their capacity as a Federal employee,
on the day before the date the individual becomes em-
ployed by the Survey (including such research conducted
on the day before an individual became employed by the
National Biological Survey established by the Secretary
before the enactment of this Act).
SEC. 4. NATIONAL BIOLOGICAL SURVEY SCIENCE ADVI-
SORY COUNCIL.
(a) ESTABLISHMENT.—There is established a Na-
tional Biological Survey Science Advisory Council to ad-
vise the Director on structuring appropriate collaborative
relationships for research, inventorying and monitoring of
biological resources and on scientific peer review proce-
dures to ensure the validity and reliability of the research
conducted and the data collected by the Survey. Section
14(a)(2) of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the National Biological Survey
Science Advisory Council.
(b) MEMBERSHIP.—The Council shall consist of not
more than 15 members appointed by the Secretary from
among individuals who are qualified based on scientific
education and experience and who are representatives of
executive departments, including—
(1) the Office of Science and Technology Policy;
(2) the Department of the Interior;
(3) the Environmental Protection Agency;
(4) the National Science Foundation;
(5) the National Oceanic and Atmospheric Ad-
ministration;
(6) the Department of Agriculture;
(7) the Department of Defense; and
(8) State and local agencies, Tribal govern-
ments, private organizations, research institutions,
and other entities.
(c) COMPENSATION.—An individual may not receive
compensation from the United States by reason of their
service on the Council.
SEC. 5. SURVEY ACTIVITIES ON PRIVATE AND OTHER NON-
FEDERAL LANDS.
(a) COMPLIANCE WITH STATE LAWS.—The Survey
shall comply with applicable State and Tribal government
laws, including laws relating to private property rights and
privacy.
(b) CONSENT AND NOTICE REQUIREMENTS.—
(1) IN GENERAL.—The Survey shall not enter
non-Federal real property for the purpose of collect-
ing information regarding the property, unless the
owner of the property has—
(A) consented in writing to that entry;
(B) after providing that consent, been pro-
vided notice of that entry; and
(C) been notified that any raw data col-
lected from the property must be made avail-
able at no cost, if requested by the land owner.
(2) LIMITATION.—Paragraph (1) does not pro-
hibit entry of property for the purpose of obtaining
consent or providing notice as required by that para-
graph.
(c) LIMITATION ON USE OF INFORMATION.—Infor-
mation that is collected by the Survey from non-Federal
real property may not be used by the Survey, and may
not be provided by the Survey to any other person, un-
less—
(1) the Secretary has provided to the owner of
the property—
(A) access to the information;
(B) a detailed description of the manner in
which the information was collected; and
(C) an opportunity to dispute the accuracy
of the information; and
(2) if the owner of the property disputes the in-
formation pursuant to subparagraph (C), the Sec-
retary determines that the information is accurate.
(d) IMMUNITY FROM CIVIL LIABILITY.—The owner
of privately-owned property is not liable for any costs, fees,
or damages under any State or Federal law for any injury