[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3042 Enrolled Bill (ENR)]

        H.R.3042

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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.

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

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.