[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 399 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 399

  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

_______________________________________________________________________

                                 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,

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

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.--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.''; and
            (2) in paragraph (7), by inserting ``and Training'' after 
        ``Conflict Resolution''.

SEC. 6. REVOLVING 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, respectively.
    (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:

``SEC. 10. ENVIRONMENTAL CONFLICT RESOLUTION REVOLVING FUND.

    ``(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.
    ``(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.
    ``(c) Distinction From Trust Fund.--The Revolving Fund shall be 
maintained separately from the Trust Fund established under section 8.
    ``(d) Program Priorities.--The Revolving Fund shall not be subject 
to section 7(c) or section 9.
    ``(e) Investment of Amounts.--
            ``(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.
            ``(2) 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.
            ``(3) Sale of obligations.--Any obligation acquired by the 
        Revolving Fund may be sold by the Secretary of the Treasury at 
        the market price.
            ``(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.''.

SEC. 7. USE OF THE INSTITUTE BY A FEDERAL AGENCY.

    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:

``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 revolving fund.--A payment from an 
        executive agency on a contract entered into under paragraph (1) 
        shall be paid into the Revolving Fund.
    ``(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 before using the 
        Foundation or the Institute to provide the services described 
        in subsection (a).
            ``(2) Notification descriptions.--A 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; and
                    ``(C) other relevant information.
            ``(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).''.

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) 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.''.

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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