[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 66 Agreed to Senate (ATS)]







105th CONGRESS
  1st Session
S. CON. RES. 66

                  To correct the enrollment of S. 399.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1997

  Mr. McCain submitted the following concurrent resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
                  To correct the enrollment of S. 399.

    Resolved by the Senate (the House of Representatives concurring), 
That in the enrollment of the bill (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, 
the Clerk of the Senate shall make the following correction in section 
10 of the Morris K. Udall Scholarship and Excellence in National 
Environmental and Native American Public Policy Act of 1992 (as amended 
by section 6 of the bill): Strike subsection (c) and insert the 
following:
    ``(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 2 
        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 2 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 1 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 2 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 2 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.''.
                                 <all>