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S. 39 (is) To amend the Marine Mammal Protection Act of 1972 to support the International Dolphin Conservation Program in the eastern tropical Pacific Ocean, and for other purposes. ...


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                                                       Calendar No. 142

105th CONGRESS

  1st Session

                                 S. 399

                          [Report No. 105-60]

_______________________________________________________________________

                                 A BILL

  To amend the 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.

_______________________________________________________________________

                             July 31, 1997

                       Reported with an amendment





                                                       Calendar No. 142
105th CONGRESS
  1st Session
                                 S. 399

                          [Report No. 105-60]

  To amend the 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 SENATE OF THE UNITED STATES

                             March 5, 1997

  Mr. McCain introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                             July 31, 1997

               Reported by Mr. Chafee, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend the 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Environmental Policy and 
Conflict Resolution Act of 1997''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) in paragraph (5), by striking ``fund'' and 
        inserting ``Trust Fund'';</DELETED>
        <DELETED>    (2) by redesignating paragraphs (5) and (7) as 
        paragraphs (9) and (8), respectively;</DELETED>
        <DELETED>    (3) by inserting after paragraph (4) the 
        following:</DELETED>
        <DELETED>    ``(5) the term `Institute' means the United States 
        Institute for Environmental Conflict Resolution established 
        pursuant to section 7(a)(1)(D);'';</DELETED>
        <DELETED>    (4) in paragraph (6), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (5) by inserting after paragraph (6) the 
        following:</DELETED>
        <DELETED>    ``(7) the term `Revolving Fund' means the United 
        States Institute for Environmental Conflict Resolution 
        Revolving Fund established under section 10;'';</DELETED>
        <DELETED>    (6) in paragraph (8) (as redesignated by paragraph 
        (2)), by striking the period at the end and inserting ``; 
        and''; and</DELETED>
        <DELETED>    (7) in paragraph (9) (as redesignated by paragraph 
        (2)), by striking the semicolon at the end and inserting a 
        period.</DELETED>

<DELETED>SEC. 3. BOARD OF TRUSTEES.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) in the matter preceding paragraph (1) of the 
        second sentence, by striking ``twelve'' and inserting 
        ``thirteen''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 4. PURPOSE.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) in paragraph (4), by striking ``an 
        Environmental Conflict Resolution'' and inserting 
        ``Environmental Conflict Resolution and Training'';</DELETED>
        <DELETED>    (2) in paragraph (6), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (3) in paragraph (7), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 5. AUTHORITY.</DELETED>

<DELETED>    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. 5605(a)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by adding at the end the 
        following:</DELETED>
                <DELETED>    ``(D) Institute for environmental conflict 
                resolution.--The Foundation shall--</DELETED>
                        <DELETED>    ``(i) establish the United States 
                        Institute for Environmental Conflict Resolution 
                        as part of the Foundation; and</DELETED>
                        <DELETED>    ``(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.''; and</DELETED>
        <DELETED>    (2) in paragraph (7), by inserting ``and 
        Training'' after ``Conflict Resolution''.</DELETED>

<DELETED>SEC. 6. REVOLVING FUND.</DELETED>

<DELETED>    (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, respectively.</DELETED>
<DELETED>    (b) Revolving 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:</DELETED>

<DELETED>``SEC. 10. ENVIRONMENTAL CONFLICT RESOLUTION REVOLVING 
              FUND.</DELETED>

<DELETED>    ``(a) Establishment.--There is established in the Treasury 
of the United States a United States Institute for Environmental 
Conflict Resolution Revolving Fund to be administered by the 
Foundation. The Revolving Fund shall consist of amounts appropriated to 
the Revolving Fund under section 13(b) and amounts paid into the 
Revolving Fund under section 11.</DELETED>
<DELETED>    ``(b) Expenditures.--The Foundation shall expend from the 
Revolving Fund such sums as the Board determines are necessary and 
appropriate 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 reasonable and necessary.</DELETED>
<DELETED>    ``(c) Distinction From Trust Fund.--The Revolving Fund 
shall be maintained separately from the Trust Fund established under 
section 8.</DELETED>
<DELETED>    ``(d) Program Priorities.--The Revolving Fund shall not be 
subject to section 7(c) or section 9.</DELETED>
<DELETED>    ``(e) Investment of Amounts.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary of the Treasury 
        shall invest such portion of the Revolving Fund as is not, in 
        the judgment of the Secretary, required to meet current 
        withdrawals. Investments may be made only in interest-bearing 
        obligations of the United States.</DELETED>
        <DELETED>    ``(2) Acquisition of obligations.--For the purpose 
        of investments under paragraph (1), obligations may be 
        acquired--</DELETED>
                <DELETED>    ``(A) on original issue at the issue 
                price; or</DELETED>
                <DELETED>    ``(B) by purchase of outstanding 
                obligations at the market price.</DELETED>
        <DELETED>    ``(3) Sale of obligations.--Any obligation 
        acquired by the Revolving Fund may be sold by the Secretary of 
        the Treasury at the market price.</DELETED>
        <DELETED>    ``(4) Credits to fund.--The interest on, and the 
        proceeds from the sale or redemption of, any obligations held 
        in the Revolving Fund shall be credited to and form a part of 
        the Revolving Fund.''.</DELETED>

<DELETED>SEC. 7. USE OF THE INSTITUTE BY A FEDERAL AGENCY.</DELETED>

<DELETED>    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 section 6) is amended by inserting after 
section 10 the following:</DELETED>

<DELETED>``SEC. 11. USE OF THE INSTITUTE BY A FEDERAL AGENCY.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Payment.--</DELETED>
        <DELETED>    ``(1) In general.--A Federal agency may enter into 
        a contract and expend funds to obtain the services of the 
        Institute.</DELETED>
        <DELETED>    ``(2) Payment into revolving fund.--A payment from 
        an executive agency on a contract entered into under paragraph 
        (1) shall be paid into the Revolving Fund.</DELETED>
<DELETED>    ``(c) Notification and Concurrence.--</DELETED>
        <DELETED>    ``(1) Notification.--An agency or instrumentality 
        of the Federal Government shall notify the chairperson of the 
        President's Council on Environmental Quality before using the 
        Foundation or the Institute to provide the services described 
        in subsection (a).</DELETED>
        <DELETED>    ``(2) Notification descriptions.--A notification 
        under paragraph (1) shall include a written description of--
        </DELETED>
                <DELETED>    ``(A) the issues and parties 
                involved;</DELETED>
                <DELETED>    ``(B) prior efforts, if any, undertaken by 
                the agency to resolve or address the issue or issues; 
                and</DELETED>
                <DELETED>    ``(C) other relevant 
                information.</DELETED>
        <DELETED>    ``(3) Concurrence.--In a case that involves a 
        dispute or disagreement between 2 or more agencies or 
        instrumentalities of the Federal Government (including branches 
        or divisions of a single agency or instrumentality), an agency 
        or instrumentality 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).''.</DELETED>

<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) by striking ``There are authorized to be 
        appropriated to the Fund'' and inserting the 
        following:</DELETED>
<DELETED>    ``(a) Trust Fund.--There is authorized to be appropriated 
to the Trust Fund''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Revolving Fund.--There are authorized to be 
appropriated to the Revolving Fund $3,000,000 for fiscal year 1998 and 
$2,100,000 for each of fiscal years 1999 through 2002.''.</DELETED>

<DELETED>SEC. 9. CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) The second sentence of section 8(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) is amended--
</DELETED>
        <DELETED>    (1) by striking ``fund'' and inserting ``Trust 
        Fund''; and</DELETED>
        <DELETED>    (2) by striking ``section 11'' and inserting 
        ``section 13(a)''.</DELETED>
<DELETED>    (b) Sections 7(a)(6), 8(b), and 9(a) of the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5605(a)(6), 5606(b), 
5607(a)) are each amended by striking ``Fund'' and inserting ``Trust 
Fund'' each place it appears.</DELETED>

SECTION 1. SHORT TITLE.

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