Home > 105th Congressional Bills > H.R. 3042 (eh) To amend Morris K. Udall Scholarship and Excellence in National ...H.R. 3042 (eh) To amend Morris K. Udall Scholarship and Excellence in National ...
105th CONGRESS
1st Session
H. R. 3042
To amend Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Public Policy Act of 1992 to
establish the United States Institute for Environmental Conflict
Resolution to conduct environmental conflict resolution and training,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 13, 1997
Mr. Kolbe (for himself and Mr. Pastor) introduced the following bill;
which was referred to the Committee on Education and the Workforce, and
in addition to the Committee on Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
November 13, 1997
The Committees on Education and the Workforce and Resources discharged;
considered and passed
_______________________________________________________________________
A BILL
To amend Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Public Policy Act of 1992 to
establish the United States Institute for Environmental Conflict
Resolution to conduct environmental conflict resolution and training,
and for other 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 ``Environmental Policy and Conflict
Resolution Act of 1997''.
SEC. 2. DEFINITIONS.
Section 4 of the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act of 1992
(20 U.S.C. 5602) is amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (9), (7), and (8), respectively;
(2) by inserting after paragraph (3) the following:
``(4) the term `environmental dispute' means a dispute or
conflict relating to the environment, public lands, or natural
resources;'';
(3) by inserting after paragraph (5) (as redesignated by
paragraph (1)) the following:
``(6) the term `Institute' means the United States
Institute for Environmental Conflict Resolution established
pursuant to section 7(a)(1)(D);'';
(4) in paragraph (7) (as redesignated by paragraph (1)), by
striking ``and'' at the end;
(5) in paragraph (8) (as redesignated by paragraph (1)), by
striking the period at the end and inserting ``; and''; and
(6) in paragraph (9) (as redesignated by paragraph (1))--
(A) by striking ``fund'' and inserting ``Trust
Fund''; and
(B) by striking the semicolon at the end and
inserting a period.
SEC. 3. BOARD OF TRUSTEES.
Section 5(b) of the Morris K. Udall Scholarship and
Excellence in National Environmental and Native American Public
Policy Act of 1992 (20 U.S.C. 5603(b)) is amended--
(1) in the matter preceding paragraph (1) of the second
sentence, by striking ``twelve'' and inserting ``thirteen'';
and
(2) by adding at the end the following:
``(7) The chairperson of the President's Council on
Environmental Quality, who shall serve as a nonvoting, ex
officio member and shall not be eligible to serve as
chairperson.''.
SEC. 4. PURPOSE.
Section 6 of the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act of 1992
(20 U.S.C. 5604) is amended--
(1) in paragraph (4), by striking ``an Environmental
Conflict Resolution'' and inserting ``Environmental Conflict
Resolution and Training'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(8) establish as part of the Foundation the United States
Institute for Environmental Conflict Resolution to assist the
Federal Government in implementing section 101 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331) by providing
assessment, mediation, and other related services to resolve
environmental disputes involving agencies and instrumentalities
of the United States; and
``(9) complement the direction established by the President
in Executive Order 12988 (61 Fed. Reg. 4729; relating to civil
justice reform).''.
SEC. 5. AUTHORITY.
Section 7(a) of the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act of 1992
(20 U.S.C. 5606(a) is amended--
(1) in paragraph (1), by adding at the end the following:
``(D) Institute for environmental conflict
resolution.--
``(i) In general.--The Foundation shall--
``(I) establish the United States
Institute for Environmental Conflict
Resolution as part of the Foundation;
and
``(II) identify and conduct such
programs, activities, and services as
the Foundation determines appropriate
to permit the Foundation to provide
assessment, mediation, training, and
other related services to resolve
environmental disputes.
``(ii) Geographic proximity of conflict
resolution provision.--In providing assessment,
mediation, training, and other related services
under clause (i)(II) to resolve environmental
disputes, the Foundation shall consider, to the
maximum extent practicable, conflict resolution
providers within the geographic proximity of
the conflict.''; and
(2) in paragraph (7), by inserting ``and Training'' after
``Conflict Resolution''.
SEC. 6. ENVIRONMENTAL DISPUTE RESOLUTION FUND.
(a) Redesignation.--Sections 10 and 11 of the Morris K. Udall
scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5608, 5609) are
redesignated as sections 12 and 13 of the Act, respectively.
(b) Environmental Dispute Resolution Fund.--The Morris K. Udall
Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.) (as amended
by subsection (a)) is amended by inserting after section 9 the
following:
``SEC. 10. ENVIRONMENTAL DISPUTE RESOLUTION FUND.
``(a) Establishment.--There is established in the Treasury of the
United States an Environmental Dispute Resolution Fund to be
administered by the Foundation. The Fund shall consist of
amounts appropriated to the Fund under section 13(b) and amounts paid
into the Fund under section 11.
``(b) Expenditures.--The Foundation shall expend from the Fund such
sums as the Board determines are necessary to establish and operate the
Institute, including such amounts as are necessary for salaries,
administration, the provision of mediation and other services, and such
other expenses as the Board determines are necessary.
``(c) Distinction From Trust Fund.--The Fund shall be maintained
separately from the Trust Fund established under section 8.
``(d) Investment of Amounts.--
``(1) In general.--The Secretary of the Treasury shall
invest such portion of the Fund as is not, in the judgment of
the Secretary, required to meet current withdrawals.
``(2) Interest-bearing obligations.--Investments may be
made only in interest-bearing obligations of the United States.
``(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
``(A) on original issue at the issue price; or
``(B) by purchase of outstanding obligations at the
market price.
``(4) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
``(5) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.''.
SEC. 7. USE OF THE INSTITUTE BY A FEDERAL AGENCY.
The Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Policy Act of 1992 (20 U.S.C. 5601 et
seq.) (as amended by section 6) is amended by inserting after section
10 the following:
``SEC. 11. USE OF THE INSTITUTE BY A FEDERAL AGENCY.
``(a) Authorization.--A Federal agency may use the Foundation and
the Institute to provide assessment, mediation, or other related
services in connection with a dispute or conflict related to the
environment, public lands, or natural resources.
``(b) Payment.--
``(1) In general.--A Federal agency may enter into a
contract and expend funds to obtain the services of the
Institute.
``(2) Payment into environmental dispute resolution fund.--
A payment from an executive agency on a contract entered into
under paragraph (1) shall be paid into the Environmental
Dispute Resolution Fund established under section 10.
``(c) Notification and Concurrence.--
``(1) Notification.--An agency or instrumentality of the
Federal Government shall notify the chairperson of the
President's Council on Environmental Quality when using the
Foundation or the Institute to provide the services described
in subsection (a).
``(2) Notification descriptions.--In a matter involving two
or more agencies or instrumentalities of the Federal
Government, notification under paragraph (1) shall include a
written description of--
``(A) the issues and parties involved;
``(B) prior efforts, if any, undertaken by the
agency to resolve or address the issue or issues;
``(C) all Federal agencies or instrumentalities
with a direct interest or involvement in the matter and
a statement that all Federal agencies or
instrumentalities agree to dispute resolution; and
``(D) other relevant information.
``(3) Concurrence.--
``(A) In general.--In a matter that involves two or
more agencies or instrumentalities of the Federal
Government (including branches or divisions of a single
agency or instrumentality), the agencies or
instrumentalities of the Federal Government shall
obtain the concurrence of the chairperson of the
President's Council on Environmental Quality before
using the Foundation or Institute to provide the
services described in subsection (a).
``(B) Indication of concurrence or
nonconcurrence.--The chairperson of the President's
Council on Environmental Quality shall indicate
concurrence or nonconcurrence under subparagraph (A)
not later than 20 days after receiving notice under
paragraph (2).
``(d) Exceptions.--
``(1) Legal issues and enforcement.--
``(A) In general.--A dispute or conflict involving
agencies or instrumentalities of the Federal Government
(including branches or divisions of a single agency or
instrumentality) that concern purely legal issues or
matters, interpretation or determination of law, or
enforcement of law by one agency against another agency
shall not be submitted to the Foundation or Institute.
``(B) Applicability--Subparagraph (A) does not
apply to a dispute or conflict concerning--
``(i) agency implementation of a program or
project;
``(ii) a matter involving two or more
agencies with parallel authority requiring
facilitation and coordination of the various
government agencies; or
``(iii) a nonlegal policy or decisionmaking
matter that involves two or more agencies that
are jointly operating a project.
``(2) Other mandated mechanisms or avenues.--A dispute or
conflict involving agencies or instrumentalities of the Federal
Government (including branches or divisions of a single agency
or instrumentality) for which Congress by law has mandated
another dispute resolution mechanism or avenue to address or
resolve shall not be submitted to the Foundation or
Institute.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 13 of the Morris K. Udall Scholarship and
Excellence in National Environmental and Native American Public Policy
Act of 1992 (as redesignated by section 6(a)) is amended--
(1) by striking ``There are authorized to be appropriated
to the Fund'' and inserting the following:
``(a) Trust Fund.--There is authorized to be appropriated to the
Trust Fund''; and
(2) by adding at the end the following:
``(b) Environmental Dispute Resolution Fund.--There are authorized
to be appropriated to the Environmental Dispute Resolution Fund
established under section 10--
``(1) $4,250,000 for fiscal year 1998, of which--
``(A) $3,000,000 shall be for capitalization; and
``(B) $1,250,000 shall be for operation costs; and
``(2) $1,250,000 for each of the fiscal years 1999 through
2002 for operation costs.''.
SEC. 9. CONFORMING AMENDMENTS.
(a) The second sentence of section 8(a) of the Morris K. Udall
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