[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3042 Considered and Passed House (CPH)]







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 
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), 
5607(a)) are each amended by striking ``Fund'' and inserting ``Trust 
Fund'' each place it appears.
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