H.R.1845 - National Biological Survey Act of 1993103rd Congress (1993-1994)
|Sponsor:||Rep. Studds, Gerry E. [D-MA-10] (Introduced 04/22/1993)|
|Committees:||House - Merchant Marine and Fisheries; Natural Resources; Science, Space and Technology | Senate - Environment and Public Works|
|Committee Reports:||H.Rept 103-193 Part 1; H.Rept 103-193 Part 2|
|Latest Action:||House - 07/28/1994 Referred to the Subcommittee on National Parks, Forests and Public Lands. (All Actions)|
|Roll Call Votes:||There have been 5 roll call votes|
This bill has the status Passed House
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Text: H.R.1845 — 103rd Congress (1993-1994)All Information (Except Text)
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Referred in Senate (11/01/1993)
[Congressional Bills 103th Congress] [From the U.S. Government Printing Office] [H.R. 1845 Referred in Senate (RFS)] 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 Representatives 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 coordinated 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 problems. (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 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, inventorying, and monitoring of America'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 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, subject to appropriation, 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 cooperation with other Federal, State, and local agencies, Tribal governments, private organizations, and other entities, shall perform the following functions: (A) Conduct research on biological resources, including plants, fish, wildlife, and their habitat. (B) Monitor methods by which ecosystems are managed. (C) Collect and analyze data and information to determine and inventory the distribution, 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 Federal agencies, States, Tribal governments, private organizations, and other entities with respect to research, inventory, and monitoring of biological resources. (G) Establish, in cooperation with other Federal, State, and local agencies, Tribal governments, private organizations, and other entities, a network to assist in collecting and maintaining data concerning the distribution, abundance, health, and status and trends of the Nation'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 Secretary, perform functions under the National Wetlands Inventory 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 subparagraph shall not be considered to authorize the Director to perform 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 agencies to help provide technical and scientific assistance to other countries which seek to perform biological research monitoring and inventory to manage biological diversity for the purpose 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 Secretary, 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 appropriate 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 Director may not accept real property under paragraph (1)(B) except-- (A) buildings; (B) land on which is located a building accepted under that paragraph; and (C) land adjoining land described in subparagraph (B) of this paragraph, that is necessary for functions of the Survey to be conducted 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 independent referees appointed by the Director from among individuals recommended by the National Academy of Sciences, and (2) consideration of other data or information 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 enumerated in subsection (b)(2). (e) Ensuring Integrity of Survey Functions.--A person who is an officer, employee, or agent of the Survey may not in that capacity-- (1) perform any function of the Survey on land in which any officer, employee, or agent of the Survey owns any interest; or (2) conduct any activity for or on behalf of any private person. (f) Maintenance of Research of Local Importance.--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 employed 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 ADVISORY COUNCIL. (a) Establishment.--There is established a National Biological Survey Science Advisory Council to advise the Director on structuring appropriate collaborative relationships for research, inventorying and monitoring of biological resources and on scientific peer review procedures 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 Administration; (6) the Department of Agriculture; (7) the Department of Defense; and (8) State and local agencies, Tribal governments, 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 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 provided notice of that entry; and (C) been notified that any raw data collected from the property must be made available at no cost, if requested by the land owner. (2) Limitation.--Paragraph (1) does not prohibit entry of property for the purpose of obtaining consent or providing notice as required by that paragraph. (c) Limitation on Use of Information.--Information 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, unless-- (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 information pursuant to subparagraph (C), the Secretary 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 Secretary 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 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 policy 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 committees, 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 Department 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 section 3(b); (4) the term ``Secretary'' means the Secretary of the Interior; (5) the term ``Survey'' means the National 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 Alaska 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 recognized as eligible for the special programs 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, Department 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 Biological 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 section 3(b)(2)(H). SEC. 8. AUTHORIZATION AND REPORTS. (a) Current Authorizations.--There are authorized to be appropriated-- (1) for fiscal year 1994, an amount not to exceed $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 committees of the House of Representatives and the Senate a report concerning the utilization of amounts previously appropriated for programs, functions, 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 Representatives and the President of the Senate a proposal for any requested further authorization of appropriations 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, supersede, 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 expending 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 products 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 recipient 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 inscription 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, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. SEC. 13. FISH AND WILDLIFE MANAGEMENT. (a) The establishment and operations of the National Biological Survey shall not be construed to enlarge or diminish the authorities or responsibilities of the States, territories, or possessions of the United States, for the management 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 Department of the Interior. (c) The National Biological Survey shall provide adequate 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 necessary 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.