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.
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
incurred by a person in performing any activity on the
property as an officer, employee, or agent of the Survey
(including the performance of an activity pursuant to a
contract or cooperative agreement with the Survey), other
than an injury caused by the gross negligence or willful
misconduct of the owner.
(e) REPORT TO CONGRESS.—On January 1, 1995,
and January 1, 1996, and biennially thereafter, the Sec-
retary shall provide a report to the Committee on Mer-
chant Marine and Fisheries in the House of Representa-
tives and the Committee on Environment and Public
Works in the Senate. The report shall identify all activities
of the Survey on non-Federal lands and shall certify com-
pliance with subsection (b)(1).
(f) SURVEY POLICY ON ACCESS TO PRIVATE AND
NON-FEDERAL LANDS.—Within six months of enactment,
the Director shall develop a policy for Survey employees
and agents to follow in order to help ensure compliance
with subsection (b)(1). The Director shall provide this pol-
icy to the Committee on Merchant Marine and Fisheries
in the House of Representatives and the Committee on
Environment and Public Works in the Senate.
(g) SURVEY DEFINED.—In this section, the term
‘‘Survey’’ includes any person that is an officer, employee,
or agent of the Survey, including any such person acting
pursuant to a contract or cooperative agreement with or
any grant from the Survey.
(h) The Director shall notify in writing the relevant
State and county committees established under section
(6) the term ‘‘Tribal government’’ means the
government of any Indian tribe, band, nation, or
other organized group or community, including any
Alaska Native village or regional corporation as de-
fined in or established pursuant to the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.),
which is recognized as eligible for the special pro-
grams and services provided by the United States to
Indians because of their status as Indians.
SEC. 7. CONFORMING AMENDMENTS.
(a) TITLE 5.—Section 5316 of title 5, United States
Code, is amended by inserting after the item relating to
the Director, United States Fish and Wildlife Service, De-
partment of the Interior, the following:
‘‘Director of the National Biological Survey,
Department of the Interior.’’.
(b) NATIONAL
WETLANDS
INVENTORY.—Section
401(a) of the Emergency Wetlands Resources Act of 1986
(16 U.S.C. 3931(a)) is amended—
(1) by striking ‘‘the United States Fish and
Wildlife Service’’ and inserting ‘‘the National Bio-
logical Survey’’; and
(2) in paragraph (1) by striking ‘‘the Service’’
and inserting ‘‘the National Biological Survey’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (b) shall take effect on the date that is 90 days
after the date of the enactment of this Act, or such earlier
date as is specified by the Secretary for purposes of sec-
tion 3(b)(2)(H).
SEC. 8. AUTHORIZATION AND REPORTS.
(a) CURRENT AUTHORIZATIONS.—There are author-
ized to be appropriated—
(1) for fiscal year 1994, an amount not to ex-
ceed $170,319,000; and
(2) for fiscal year 1995, such sums as may be
necessary to carry out the purposes of this Act.
(b) FUTURE AUTHORIZATIONS.—After September
30, 1995, no amounts shall be appropriated to carry out
any program, function, or activity of the Survey unless
those amounts have been authorized to be appropriated
by an Act of Congress.
(c) PERIODIC REPORTS AND PROPOSALS.—
(1) REPORTS.—At the time that the President
submits to the Congress an annual budget proposal,
the Secretary shall submit to the appropriate com-
mittees of the House of Representatives and the
Senate a report concerning the utilization of
amounts previously appropriated for programs, func-
tions, and activities of the Survey and the proposed
utilization of such appropriated amounts during the
following fiscal year.
(2) PROPOSALS.—Beginning on January 1,
1997, and not later than January 1 of each second
odd-numbered year thereafter, the Secretary shall
submit to the Speaker of the House of Representa-
tives and the President of the Senate a proposal for
any requested further authorization of appropria-
tions for all programs, functions, and activities of
the Survey to be carried out during the 4 full fiscal
years beginning on October 1 of the calendar year
following the calendar year in which such proposal
is submitted.
SEC. 9. RELATIONSHIP TO OTHER LAWS.
Except as provided in sections 3(b)(2)(I), 4(a), and
7, this Act shall not be construed to amend, repeal, super-
sede, or otherwise affect any other law.
SEC. 10. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in ex-
pending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c, popularly known as the ‘‘Buy American Act’’).
SEC. 11. SENSE OF CONGRESS; REQUIREMENT REGARDING
NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial
assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the Director
of the National Biological Survey shall provide to each re-
cipient of the assistance a notice describing the statement
made in subsection (a) by the Congress.
SEC. 12. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a fraudulent
label bearing a ‘‘Made in America’’ inscription, or any in-
scription with the same meaning, to any product sold in
or shipped to the United States that was not made in the
United States, such person shall be ineligible to receive
any contract or subcontract made with funds provided
pursuant to this Act, pursuant to the debarment, suspen-
sion, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
SEC. 13. FISH AND WILDLIFE MANAGEMENT.
(a) The establishment and operations of the National
Biological Survey shall not be construed to enlarge or di-
minish the authorities or responsibilities of the States, ter-
ritories, or possessions of the United States, for the man-
agement of fish and wildlife and their habitats.
(b) The establishment and operations of the National
Biological Survey shall maintain the scientific research
programs on fish and wildlife and their habitats conducted
by States, colleges, and universities with appropriate funds
or personnel provided, in whole or in part, by the Depart-
ment of the Interior.
(c) The National Biological Survey shall provide ade-
quate support for research and related efforts necessary
for the proper management of wildlife, fish, and their
habitats, including the provision of data and information
from the Migratory Bird Banding Laboratory that is nec-
essary for the United States Fish and Wildlife Service to
fulfill its responsibilities for the management of migratory
birds, including hunting programs.
Passed the House of Representatives October 26,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.