[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 305 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 305
To establish a national policy for the conservation of biological
diversity; to support environmental research and training necessary for
conservation and sustainable use of biotic natural resources, to
establish mechanisms for carrying out the national policy and for
coordinating related activities; and to facilitate the collection,
synthesis, and dissemination of information necessary for these
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 1993
Mr. Porter introduced the following bill; which was referred jointly to
the Committees on Science, Space, and Technology and Merchant Marine
and Fisheries
_______________________________________________________________________
A BILL
To establish a national policy for the conservation of biological
diversity; to support environmental research and training necessary for
conservation and sustainable use of biotic natural resources, to
establish mechanisms for carrying out the national policy and for
coordinating related activities; and to facilitate the collection,
synthesis, and dissemination of information necessary for these
purposes.
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 Diversity
Conservation and Environmental Research Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Earth's biological diversity is being reduced at a
rate without precedent in human history;
(2) most losses of biological diversity caused by human
activity are unintended and largely avoidable;
(3) while the most rapid loss of biological diversity is
occurring outside the United States, it is also a serious
problem within this country;
(4) reduced biological diversity may have serious
consequences for human welfare as resources for research and
agricultural, medicinal, and industrial development are
irretrievably lost;
(5) reduced biological diversity may also endanger the
functioning of ecosystems and critical ecosystem processes that
moderate climate, govern nutrient cycles and soil conservation
and production, control pests and diseases, and degrade wastes
and pollutants;
(6) reduced biological diversity will diminish the raw
materials available for scientific and technical advancement,
including the development of improved varieties of cultivated
plants and domesticated animals;
(7) existing information regarding the abundance and
distribution of biological diversity is inadequate, often
inaccessible, and frequently inapplicable to conservation
management, thus hampering the efficiency of resource policy
and management decisions;
(8) existing conservation laws focus on the protection of
individual species that have already suffered declines, rather
than emphasizing ecosystem management to sustain diversity
across a range of species;
(9) existing laws and programs relevant to the loss of
biological diversity in the United States are largely
uncoordinated and inadequate, and sometimes result in
duplication of efforts, conflicts in goals, and gaps in
geographic and taxonomic coverage;
(10) a comprehensive and coordinated Federal strategy is
needed to arrest the loss of biological diversity and also,
where possible, to restore biological diversity both through
natural recovery and active management;
(11) increased biological and ecological research is needed
to provide the knowledge to maintain biological diversity, to
protect and manage ecosystems, and to ensure the sustainable
use of natural resources; and
(12) maintaining biological diversity through habitat
preservation is often less costly and more effective than
efforts to save species once they become endangered.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``biological diversity'' means the full range
of variety and variability within and among living organisms
and the ecological complexes in which they occur, and
encompasses ecosystem or community diversity, species
diversity, and genetic diversity;
(2) the terms ``conserve'', ``conserving'', and
``conservation'' refer to protective measures for maintaining
existing biological diversity and active measures for restoring
diversity through management efforts, in order to protect,
restore, and enhance as much of the variety of native species
and communities as possible in abundances and distributions
that provide for their continued existence and functioning,
including, at a minimum, the viability of existing populations;
(3) the term ``ecosystem or community diversity'' means the
distinctive assemblages of species and ecological processes
that occur in different physical settings of the biosphere and
distinct parts of the world;
(4) the term ``genetic diversity'' means the differences in
genetic composition within and among populations of a given
species;
(5) the term ``regional ecosystem'' means an area which is
sufficiently large that it is capable of sustaining multiple
biological communities and associated species;
(6) the term ``species diversity'' means the richness and
variety of native species in a particular location of the
world; and
(7) the term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, American Samoa, and any other
commonwealth, territory, or possession of the United States.
SEC. 4. PURPOSES.
It is the purpose of this Act--
(1) to conserve biological diversity;
(2) to require explicit assessment of effects on biological
diversity in all environmental impact statements required to be
prepared pursuant to the National Environmental Policy Act of
1969;
(3) to establish a Federal strategy for the conservation of
biological diversity;
(4) to establish mechanisms for encouraging and
coordinating Federal, State, and private efforts to conserve
biological diversity and natural environments;
(5) to undertake a nationally coordinated effort to
collect, synthesize, and disseminate adequate data and
information for--
(A) the understanding of biological diversity;
(B) assessing the rate and scale of the depletion
of biological diversity; and
(C) identifying elements of biological diversity
that are in significant decline or otherwise warrant
special attention;
(6) to support basic and applied research necessary for the
conservation of biological diversity; and
(7) to promote better understanding of the importance of
biological diversity and foster actions that prevent biological
impoverishment and conserve biological diversity and natural
resources.
SEC. 5. NATIONAL BIOLOGICAL DIVERSITY AND ENVIRONMENTAL POLICY.
(a) Policy.--It is the public policy of the United States that
conservation of biological diversity is a national goal, and
conservation efforts are a national priority.
(b) Consistency of Federal Action.--The actions, policies, and
programs of all Federal agencies shall be consistent with the goal of
conservation of biological diversity, to the maximum extent
practicable.
(c) Conservation of Biological Diversity on Federal Lands and
Waters.--All Federal lands and waters shall be managed to conserve
biological diversity within the context of the purposes for which those
areas were established.
(d) Environmental Impact Statements.--
(1) Regulations.--Not later than one year after the date of
the enactment of this Act, the Council on Environmental Quality
shall issue regulations which establish requirements for
agencies to assess the impacts of Federal agency actions on
biological diversity in preparing environmental impact
statements under section 102 of the National Environmental
Policy Act of 1969.
(2) Identification of communities, species, and populations
in significant decline.--In preparing the regulations required
under paragraph (1), the Council on Environmental Quality shall
identify, in consultation with the National Center for
Biological Diversity and Conservation Research established
under section 9 (hereafter in this Act referred to as the
``Center'') those biotic communities, species, and populations
that appear to be in significant decline or in imminent danger
of loss of viability, or are otherwise of special concern.
(e) Agency Review Process.--Each Federal department or agency
shall, with the advice and assistance of the Council on Environmental
Quality, within one year after the date of the enactment of this Act--
(1) review its programs, both individually and
cumulatively, for consistency with the conservation of
biological diversity in accordance with this Act, paying
particular attention to biotic communities, species, and
populations identified under subsection (d)(2); and
(2) report the results of such review to the President, the
Council on Environmental Quality, and the Congress.
(f) Review of Environmental Impact Statement by EPA.--In reviewing
environmental impact statements under the National Environmental Policy
Act of 1969, the Administrator of the Environmental Protection Agency
shall take into account the impacts of the proposed action on
biological diversity.
SEC. 6. EFFECT ON OTHER LAWS.
Nothing in this Act shall be construed to amend or otherwise alter
any requirement to maintain biological diversity under any other Act.
SEC. 7. INTERAGENCY WORKING COMMITTEE ON BIOLOGICAL DIVERSITY.
(a) Establishment.--There is established an Interagency Working
Committee on Biological Diversity (hereafter in this Act referred to as
the ``Interagency Committee'').
(b) Membership.--The Interagency Committee shall consist of 1
representative each from--
(1) the Bureau of Land Management;
(2) the National Park Service;
(3) the Fish and Wildlife Service;
(4) the Forest Service;
(5) the Department of Defense;
(6) the National Oceanic and Atmospheric Administration;
(7) the Environmental Protection Agency;
(8) the Department of Energy;
(9) the Center;
(10) the Council on Environmental Quality; and
(11) any other agency or department of the United States
that the President, or the Chairman of the Interagency
Committee, considers appropriate.
Each such representative shall be designated by the head of the entity
named.
(c) Chairman.--The member of the Interagency Committee representing
the Council on Environmental Quality shall serve as Chairman of the
Interagency Committee.
(d) Function.--The function of the Interagency Committee shall be
to prepare a coordinated Federal strategy for conservation of
biological diversity described in section 8.
(e) Dissolution.--The Interagency Committee shall be dissolved
after the submission to the Congress of the Federal strategy required
under section 8.
SEC. 8. FEDERAL BIOLOGICAL DIVERSITY STRATEGY.
(a) Development.--The Interagency Committee shall develop a
coordinated Federal strategy for the conservation of biological
diversity (hereafter in this Act referred to as the ``Strategy'').
(b) Contents.--The Strategy shall contain--
(1) a coordinated interagency plan for conserving
biological diversity in the United States, particularly on
federally-managed lands, including a specific description of
the roles and responsibilities of each agency represented on
the Interagency Committee for implementing the plan;
(2) the identification of regional ecosystems within the
United States, and an interagency plan for coordinating Federal
management of such ecosystems for the purpose of conserving
biological diversity;
(3) a comprehensive set of criteria (including time frames
and objective measures) for evaluating the progress of the
agencies represented on the Interagency Committee in
implementing the Strategy;
(4) specific management measures to be taken by each agency
represented on the Interagency Committee pursuant to plans and
criteria developed under paragraphs (1), (2), and (3) with
respect to--
(A) conservation through protective measures to
maintain existing biological diversity, and through
active measures to restore biological diversity;
(B) provisions for the long-term viability of
ecosystems and ecosystem processes;
(C) maintenance of gene pools through a combination
of in situ and ex situ techniques;
(D) use of demonstration areas, such as biosphere
reserves;
(E) consistency of policies in international
actions of Federal agencies;
(F) the identification of priorities for
conservation;
(G) economic incentives to encourage the
conservation of biological diversity;
(H) the development of broad-based education
programs on the importance of biological diversity and
the necessity of conservation;
(I) cooperation and coordination with non-Federal
sectors; and
(J) training and education of agency personnel in
ecological research, monitoring, and systematics; and
(5) an interagency plan for conducting research on
biological diversity, identifying the roles and
responsibilities of each agency represented on the Interagency
Committee, other Federal agencies, and the Center, including--
(A) the identification of research priorities which
affect more than one agency;
(B) the development of coordinated research
programs for the conservation and restoration of
biological diversity;
(C) enhancement of scientific knowledge through
improved biological surveys;
(D) research to identify factors limiting
population viability or persistence;
(E) improvements of management techniques based on
scientific knowledge; and
(F) the identification of habitats of special
concern, and the development of plans to protect those
areas.
(c) Public Participation.--The public shall be provided with
opportunities to participate in the preparation of, and to comment on,
the Strategy and any regional ecosystem management plans.
(d) Reports.--(1) Within two years after the date of the enactment
of this Act, the Strategy shall be submitted to the President and the
Congress by the Chairman of the Interagency Committee.
(2) At least once every two years after the submission of a report
under paragraph (1), the head of each agency represented on the
Interagency Committee shall submit to the Congress a report detailing
progress in the implementation of the Strategy, including written
comments by the public.
SEC. 9. NATIONAL CENTER FOR BIOLOGICAL DIVERSITY AND CONSERVATION
RESEARCH.
(a) Establishment and Purpose.--There is established within the
Smithsonian Institution, in cooperation with the Environmental
Protection Agency, a National Center for Biological Diversity and
Conservation Research (the Center), whose purpose shall be to set
research priorities, to provide leadership and coordination for the
understanding and promotion of knowledge of the biota and the effect of
human activities on the biota, and to make this knowledge accessible to
the people of the United States and others working to conserve
biological diversity throughout the world. The Center shall be
administered by a Director.
(b) Functions.--The functions of the Center shall be--
(1) to summarize and enhance the knowledge of the
distribution, status, and characteristics of the biota in a
manner that can be used in conservation and management;
(2) to prepare, with the assistance of agencies and other
sources, lists and, where appropriate, maps of--
(A) biotic communities, species, and populations
that appear to be in significant decline or in imminent
danger of loss of viability, or are otherwise of
special concern;
(B) areas of outstanding ecological or biotic
importance; and
(C) factors, including ownership status and
applicable laws, affecting the protection of such
communities, species, and populations;
(3) to publish information, such as floral and faunal
treatises, resource inventories, vegetation maps, atlases, and
guides for practical use of biological information, and
especially publications that synthesize information relevant to
national goals of understanding and conserving biological
diversity;
(4) to identify taxonomic groups, ecological communities,
and geographical areas in need of study, and to develop a
strategic plan for, initiate, and provide financial support
toward an ongoing survey of the biota;
(5) to provide for the conducting of research, through
grants, contracts, or otherwise, by Federal, State, and private
agencies, institutions, organizations, and individuals;
(6) to provide information useful to the Interagency
Committee in the preparation of the Strategy;
(7) to make recommendations to Federal agencies and others
on the technical management of data collection, storage, and
retrieval;
(8) to provide training and technical assistance to Federal
agencies and others regarding collection and interpretation of
biological data; and
(9) to raise additional funds as necessary to support the
activities of the Center.
(c) Structure and Membership.--
(1) Advisory board.--The Center shall have an advisory
board, which shall independently assist in setting the policies
for and directing the Center.
(2) Membership.--(A) The advisory board shall consist of 17
members, including--
(i) one representative of the Smithsonian
Institution;
(ii) one representative of the Fish and Wildlife
Service;
(iii) one representative of the National Oceanic
and Atmospheric Administration;
(iv) one representative of the National Park
Service;
(v) one representative of the Department of Energy;
(vi) one representative of the National Science
Foundation;
(vii) one representative of the Agricultural
Research Service;
(viii) one representative of the Environmental
Protection Agency;
(ix) one representative of the Forest Service;
(x) one representative of the Bureau of Land
Management;
(xi) one representative of the Army Corps of
Engineers;
(xii) one representative of State biological
surveys;
(xiii) one representative of private organizations
that maintain large data bases oriented toward
biological conservation;
(xiv) two scientists from nonprofit research
institutions or universities; and
(xv) two representatives from institutions with
collections of biological specimens.
(B) Members listed under clauses (xii) through (xv) of
subparagraph (A) shall be appointed by the President from a
list of nominees recommended by the National Academy of
Sciences.
(3) Terms.--Members of the advisory board shall serve for
terms of five years, and may serve more than one term.
(4) Compensation of members.--
(A) Nongovernment members.--Each member of the
advisory board that is not otherwise in the service of
the Federal Government shall, to the extent provided
for in advance in appropriations Acts, be paid actual
travel expenses and per diem in lieu of subsistence
expenses in accordance with section 5703 of title 5,
United States Code, when such member is away from the
member's usual place of residence.
(B) Government members.--Each member of the
advisory board that is otherwise in the service of the
Federal Government shall serve without compensation in
addition to that received for such other service, but
while engaged in the work of the Advisory Board, such
member shall, to the extent provided for in advance in
appropriations Acts, be paid actual travel expenses,
and per diem in lieu of subsistence expenses in
accordance with subchapter I of chapter 57 of title 5,
United States Code, when away from the member's usual
place of residence.
(5) Chairman.--The members of the advisory board shall
select one member to serve as chairman.
(6) Funding arrangements.--The Director of the Center shall
make appropriate arrangements for necessary administrative and
clerical support of the advisory board, in consultation with
the chairman of the advisory board.
(7) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
fiscal year 1993, $10,000,000 for fiscal year 1994, and
$10,000,000 for fiscal year 1995, to be derived from funds
otherwise authorized for the Federal agencies represented on
the advisory board, and to remain available until expended as
specified in appropriations Acts.
SEC. 10. NATIONAL ACADEMY OF SCIENCES.
The Council on Environmental Quality shall retain the National
Academy of Sciences--
(1) to provide scientific and technical advice and counsel
in the preparation of the Strategy to ensure that the best
possible scientific information is used in developing the
Strategy; and
(2) to provide a general reference and scientific and
technical advisory resource for the Nation in matters relating
to conservation of biological diversity.
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HR 305 IH----2