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





                                                       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.

    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. 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. USE OF THE INSTITUTE BY A FEDERAL AGENCY.

    (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 11 and 12, respectively.
    (b) Use of the Institute.--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.) is amended by inserting after 
section 9 the following:

``SEC. 10. 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 trust fund.--A payment from an executive 
        agency on a contract entered into under paragraph (1) shall be 
        paid into the Trust 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 when 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.--
                    ``(A) In general.--In a case that involves a 
                dispute or conflict 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).
                    ``(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 of the 
                dispute or conflict.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 12 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) Additional Amounts.--There are authorized to be appropriated 
to the Trust Fund to carry out this Act an additional amount of--
            ``(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 fiscal years 1999 through 2002 
        for operation costs.''.

SEC. 8. 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 
        12''.
    (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.