[105th Congress Public Law 156]
[From the U.S. Government Printing Office]
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[DOCID: f:publ156.105]
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ENVIRONMENTAL POLICY AND CONFLICT RESOLUTION ACT OF 1998
[[Page 112 STAT. 9]]
Public Law 105-156
105th Congress
An Act
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. <<NOTE: Feb. 11, 1998 - [H.R. 3042]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Environmental Policy and
Conflict Resolution Act of 1998.>> assembled,
SECTION 1. SHORT <<NOTE: 20 USC 5601 note.>> TITLE.
This Act may be cited as the ``Environmental Policy and Conflict
Resolution Act of 1998''.
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:
[[Page 112 STAT. 10]]
``(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 No. 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. 5605(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.
[[Page 112 STAT. 11]]
(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 <<NOTE: 20 USC 5608a.>>
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 <<NOTE: 20 USC 5608b.>>
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.--
[[Page 112 STAT. 12]]
``(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.''.
[[Page 112 STAT. 13]]
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
Scholarship and Excellence in National Environmental and Native American
Public Policy Act of 1992 (20 U.S.C. 5606) is amended--
(1) by striking ``fund'' and inserting ``Trust Fund''; and
(2) by striking ``section 11'' and inserting ``section
13(a)''.
(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), and 5607(a))
are each amended by striking ``Fund'' and inserting ``Trust Fund'' each
place it appears.
Approved February 11, 1998.
LEGISLATIVE HISTORY--H.R. 3042 (S. 399):
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CONGRESSIONAL RECORD:
Vol. 143 (1997):
Nov. 13, considered and passed
House.
Vol. 144 (1998):
Jan. 29, considered and passed
Senate.
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