IB
Union Calendar No. 130
103D CONGRESS
1ST SESSION
H. R. 1845
[Report No. 103–193, Parts I & II]
To establish the Biological Survey in the Department of the Interior.
IN THE HOUSE OF REPRESENTATIVES
APRIL 22, 1993
Mr. STUDDS introduced the following bill; which was referred to the
Committee on Merchant Marine and Fisheries
JULY 27, 1993
Reported with an amendment and referred jointly to the Committees on Natu-
ral Resources and Science, Space, and Technology for a period ending not
later than July 30, 1993, for consideration of such provisions of the bill
and amendment as fall within the jurisdiction of those committees pursu-
ant to clauses 1(n) and 1(r) of rule X
[Strike out all after the enacting clause and insert the part printed in italic]
JULY 30, 1993
Referral to the Committees on Natural Resources and Science, Space, and
Technology extended for a period ending not later than September 10, 1993
SEPTEMBER 9, 1993
Reported from the Committee on Natural Resource with an amendment
[Strike out all after the enacting clause and insert the part printed in boldface roman]
SEPTEMBER 10, 1993
Committee on Science, Space and Technology discharged, committed to the
Committee of the Whole House on the State of the Union, and ordered
to be printed
[For text of introduced bill, see copy of bill as introduced on April 22, 1993]
A BILL
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 Sur-
vey 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 ad-
dress national, regional, and local natural resource
conflicts and to avoid future natural resource prob-
lems.
(2) Research, information, and analysis are crit-
ical to the management of biological and natural re-
sources 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 potential
economic dislocations surrounding natural resource
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 establish
a National Biological Survey to provide a national focus
for research and monitoring of America’s biological and
natural resources on an ecosystem basis.
SEC. 3. NATIONAL BIOLOGICAL SURVEY.
(a) ESTABLISHMENT.—There is established in the De-
partment 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 Biological
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 at the rate provided for
level V of the Executive Schedule.
(2) FUNCTIONS.—The Director, under the super-
vision of the Assistant Secretary and to the extent
practicable in cooperation with other Federal, State,
and local agencies, Tribal governments, private orga-
nizations, and other entities, shall perform the follow-
ing functions:
(A) Conduct biological research to support
management of plants, fish, wildlife, and their
habitat.
(B) Evaluate and monitor methods by
which ecosystems are managed in order to im-
prove the capability of the Nation to conserve bi-
ological resources and diversity.
(C) Collect and analyze data and informa-
tion to determine and inventory the distribution,
abundance, health, and status and trends of bio-
logical resources and ecosystems.
(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 Federal
agencies, States, private organizations, and other
entities in support of legislative, regulatory, and
resource management decisions.
(G) Perform international activities related
to the functions of the Director under this para-
graph.
(H) Establish, in cooperation with other
Federal, State, and local agencies, Tribal govern-
ments, private organizations, and other entities,
a network to assist in collecting and maintain-
ing data concerning the distribution, abundance,
health, status, and trends of Nation’s biological
resources.
(I) Perform biological research, inventory,
and monitoring and information transferring.
(J) 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 Secretary, per-
form functions under the National Wetlands In-
ventory Project that were performed 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 subpara-
graph shall not be considered to authorize the
Director to perform any such function that is
completed before that date of enactment.
(c) POWERS.—In addition to such powers as may be
delegated to the Director by the Secretary, the Director shall
have the authority to—
(1) enter into contracts and cooperative agree-
ments with, and provide grants to, any appropriate
Federal, State, and local agencies, Tribal govern-
ments, private organizations, and other entities to
carry out any of the functions vested in the Director;
(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
to carry out projects in cooperation with other Fed-
eral, State, and local agencies, Tribal governments,
private organizations, and other entities; and
(3) accept the services of individuals in order to
carry out any of the functions vested in the Director.
Services accepted under paragraph (3) shall be subject to
the same authorities and restrictions as are applicable to
services accepted by the Secretary under the first section
and sections 2 and 3 of the Volunteers in the Park Act (16
U.S.C. 18g–18j).
SEC. 4. NATIONAL BIOLOGICAL SURVEY POLICY BOARD.
(a) ESTABLISHMENT.—There is established a National
Biological Survey Policy Board to advise the Director on
appropriate biological science priorities and to offer guid-
search institutions, and other institutions, all of whom shall
serve without compensation. Section 14 of the Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to the
Science Council established under this section.
SEC. 6. SURVEY ACTIVITIES ON PRIVATE AND OTHER NON-
FEDERAL LANDS.
(a) COMPLIANCE WITH STATE LAWS.—The Survey
shall comply with applicable State laws, including laws re-
lating 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 collecting
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 available
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) 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 Merchant
Marine and Fisheries in the House of Representatives 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 compliance with sub-
section (b)(1).
(d) 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 policy to
the Committee on Merchant Marine and Fisheries in the
House of Representatives and the Committee on Environ-
ment and Public Works in the Senate.
(e) SURVEY DEFINED.—In this section, the term ‘‘Sur-
vey’’ includes any person that is an officer, employee, or
agent of the Survey, including any such person acting pur-
suant to a contract or cooperative agreement with or any
grant from the Survey.
SEC. 7. DEFINITIONS.
As used in this Act—
(1) the term ‘‘Assistant Secretary’’ means the As-
sistant Secretary for Fish and Wildlife of the Depart-
ment of the Interior established under section 3 of the
Fish and Wildlife Act of 1956 (16 U.S.C. 742b);
(2) the term ‘‘Director’’ means the Director of the
National Biological Survey appointed under section
3(b);
(3) the term ‘‘Secretary’’ means the Secretary of
the Interior;
(4) the term ‘‘Survey’’ means the National Bio-
logical Survey established under this Act; and
(5) the term ‘Biological Resources’ means plants,
fish, invertebrates, and wildlife inhabiting terrestrial,
aquatic, and marine ecosystems.
SEC. 8. 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, De-
partment 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 Biologi-
cal Survey’’; and
(2) in paragraph (1) by striking ‘‘the Service’’
and inserting ‘‘the National Biological Survey’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
section (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 section
3(b)(2)(J).
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Bi-
ological Survey Act of 1993’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the fol-
lowing:
(1) The Department of the Interior
needs a coordinated and comprehensive
source of information about the nation’s
biological resources in order to address
national, regional, and local natural re-
source conflicts and to avoid future natu-
ral resource problems.
(2) Research, information, and analy-
sis are critical to the management of bio-
logical and natural resources on an eco-
system basis.
(3) In recent years, the need for
broader and more timely biological infor-
mation has been readily apparent in the
numerous controversies and potential
economic dislocations surrounding natu-
ral resource management.
(4) Presently, biological research, in-
formation, 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 establish a National Biological Survey to
provide a national focus for research and
monitoring of America’s biological and natu-
ral 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 Biologi-
cal Survey.
(b) DIRECTOR.—
(1) IN GENERAL.—The Survey shall be
under the supervision of the Director of
the 
National 
Biological 
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 biological
sciences; and
(B) be compensated at the rate
provided for level V of the Executive
Schedule.
(2) FUNCTIONS.—The Director, under
the supervision of the Assistant Secretary
and to the extent practicable in coopera-
tion with other Federal, State, and local
agencies, Tribal governments, private or-
ganizations, and other entities, shall per-
form the following functions:
(A) Conduct biological research to
support management of plants, fish,
wildlife, and their habitat.
(B) Monitor methods by which
ecosystems are managed in order to
improve the capability of the Nation
to conserve biological resources and
diversity.
(C) Collect and analyze data and
information to determine and inven-
tory 
the 
distribution, 
abundance,
health, and status and trends of bio-
logical resources and ecosystems.
(D) Develop methods for the con-
sistent and systematic collection and
analysis of data on ecosystems and
their components.
(E) Disseminate information to re-
source managers, scientists, and the
public.
(F) Provide technical assistance
within the Department of the Interior
and to other Federal agencies, States,
Tribal governments, private organiza-
tions, and other entities in support of
legislative, regulatory, and resource
management decisions.
(G) Perform international activi-
ties related to the functions of the Di-
rector under this paragraph.
(H) Establish, in cooperation with
other Federal, State, and local agen-
cies, Tribal governments, private or-
ganizations, and other entities, a net-
work to assist in collecting and main-
taining data concerning the distribu-
tion, abundance, health, status, and
trends of the Nation’s biological re-
sources.
(I) Perform biological research,
inventory, and monitoring and infor-
mation transferring.
(J) 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 Secretary, perform
functions under the National Wet-
lands Inventory Project that were
performed before the date of the en-
actment 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 subpara-
graph shall not be considered to au-
thorize the Director to perform any
such function that is completed be-
fore that date of enactment.
(c) POWERS.—In addition to such powers
as may be delegated to the Director by the
Secretary, the Director shall have the author-
ity to—
(1) enter into contracts and coopera-
tive agreements with, and provide grants
to, any appropriate Federal, State, and
local agencies, Tribal governments, pri-
vate organizations, and other entities to
carry out any of the functions vested in
the Director;
(2) accept lands, buildings, equip-
ment, and other contributions of real or
personal property, either in cash or in-
kind, from public or private sources, and
to carry out projects in cooperation with
other Federal, State, and local agencies,
Tribal governments, private organiza-
tions, and other entities; and
(3) accept the services of individuals
in order to carry out any of the functions
vested in the Director.
Services accepted under paragraph (3) shall
be subject to the same authorities and restric-
tions as are applicable to services accepted by
the Secretary under the first section and sec-
tions 2 and 3 of the Volunteers in the Park Act
(16 U.S.C. 18g–18j).
(d) PEER REVIEW.—The Director shall pro-
vide for appropriate peer review as to the va-
lidity and reliability of the research under-
taken for the purpose of carrying out the
functions outlined in subsection (b)(2).
(e) COMPLIANCE WITH FEDERAL AND STATE
LAWS.—Any officer, employee, or agent of the
Survey shall comply with all applicable Fed-
eral and State laws, including laws relating to
private property rights and privacy in carry-
ing out the functions specified by subsection
(b)(2).
SEC. 4. NATIONAL BIOLOGICAL SURVEY POLICY BOARD.
(a) ESTABLISHMENT.—There is established
a National Biological Survey Policy Board to
advise the Director on appropriate biological
science priorities and to offer guidance to the
Director as to how biological science relates
to the various missions of the Department of
the Interior and as to how the Director and
the other bureaus within the Department of
the Interior can avoid duplication of activi-
ties.
(b) MEMBERS.—The Policy Board shall con-
sist of—
(1) the head of each agency in the De-
partment of the Interior that has a need
for biological research or survey activi-
ties; and
(2) such other senior officials as may
be appointed by the Secretary from other
agencies within the Department of the In-
terior.
(c) COCHAIRPERSONS.—The Policy Board
shall have 2 cochairpersons, consisting of—
(1) the Director of the United States
Fish and Wildlife Service; and
(2) another member of the Policy
Board who is designated as cochairper-
son by the Secretary.
SEC. 5. NATIONAL BIOLOGICAL SURVEY SCIENCE COUNCIL.
There is established a National Biological
Survey Science Council to advise the Director
on structuring appropriate collaborative rela-
tionships for biological science. The Science
Council shall consist of representatives ap-
pointed by the Secretary from Federal, State,
and local agencies, Tribal governments, pri-
vate organizations, research institutions, and
other entities, all of whom shall serve without
compensation. Section 14 of the Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not
apply to the Science Council established
under this section.
SEC. 6. FISH AND WILDLIFE MANAGEMENT.
The establishment and operations of the
Survey shall not be construed to enlarge or di-
minish the authorities or responsibilities of
the States, territories, or possessions of the
United States for the management of fish and
wildlife and their habitats or to diminish
funding for scientific research on fish and
wildlife and their habitats conducted by State
and private agencies and entities with funds
or personnel provided, in whole or in part, by
Federal agencies.
SEC. 7. DEFINITIONS.
As used in this Act—
(1) the term ‘‘Assistant Secretary’’
means the Assistant Secretary for Fish
and Wildlife of the Department of the In-
terior established under section 3 of the
Fish and Wildlife Act of 1956 (16 U.S.C.
742b);
(2) the term ‘‘biological resources’’
means plants, fish, invertebrates, and
wildlife inhabiting terrestrial, aquatic,
and marine ecosystems;
(3) the term ‘‘Director’’ means the Di-
rector of the National Biological Survey
appointed under section 3(b);
(4) the term ‘‘Secretary’’ means the
Secretary of the Interior;
(5) the term ‘‘Survey’’ means the Na-
tional 
Biological 
Survey 
established
under this Act; and
(6) the term ‘‘Tribal government’’
means the government of any Indian
tribe, band, nation, or other organized
group or community, including any Alas-
ka Native village or regional corporation
as defined in or established pursuant to
the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), which is recog-
nized as eligible for the special programs
and services provided by the United
States to Indians because of their status
as Indians.
SEC. 8. 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, Department of the
Interior, the following:
‘‘Director of the National Biological
Survey, Department of the Interior.’’.
(b) NATIONAL WETLANDS INVENTORY.—Sec-
tion 401(a) of the Emergency Wetlands Re-
sources 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 Biological Survey’’; and
(2) in paragraph (1) by striking ‘‘the
Service’’ and inserting ‘‘the National Bio-
logical 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 enact-
ment of this Act, or such earlier date as is
specified by the Secretary for purposes of sec-
tion 3(b)(2)(J).
SEC. 9. AUTHORIZATION AND REPORTS.
(a) CURRENT AUTHORIZATIONS.—(1) For the
fiscal year 1994, there are hereby authorized
to be appropriated not to exceed $180,000,000
in order to carry out the purposes and provi-
sions of this Act.
(2) For fiscal years 1995, 1996, and 1997,
there are hereby authorized to be appro-
priated such sums as may be necessary to
carry out the purposes and provisions of this
Act.
(b) FUTURE AUTHORIZATIONS.—After Janu-
ary 1, 1998, no amounts shall be appropriated
to carry out any program, function, or activity
of the National Biological Survey under this
or any other Act unless such amounts have
been authorized to be appropriated by one or
more Acts of Congress enacted after the date
of enactment of this Act.
(c) PERIODIC REPORTS AND PROPOSALS.—(1)
At the time that the President submits to the
Congress an annual budget proposal, the Sec-
retary 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 pro-
grams, functions, and activities of the Na-
tional Biological Survey and the proposed uti-
lization of such appropriated amounts during
the following fiscal year.
(2) Beginning on January 1, 1997, and not
later than January 1 of each second odd-num-
bered year thereafter, the Secretary shall sub-
mit to the Speaker of the House of Represent-
atives and the President of the Senate a pro-
posal for any requested further authorization
of appropriations for all programs, functions,
and activities of the National Biological Sur-
vey 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.
HR 1845 RH——2