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
8(b) of the Soil Conservation and Domestic Allotment Act
(16 U.S.C. 590h(b)), or the successors to such commit-
tees, in a timely manner and prior to the Survey entering
onto non-Federal real property for which the State and
county committees maintain records or have responsibility
as provided in programs administered by the Secretary of
Agriculture.
SEC. 6. DEFINITIONS.
As used in this Act—
(1) the term ‘‘Assistant Secretary’’ means the
Assistant Secretary for Fish and Wildlife of the De-
partment of the Interior 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 Director of
the National Biological Survey appointed under sec-
tion 3(b);
(4) the term ‘‘Secretary’’ means the Secretary
of the Interior;
(5) the term ‘‘Survey’’ means the National Bio-
logical 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
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:
Clerk.