[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 432 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 432

  To amend the Morris K. Udall Scholarship and Excellence in National 
 Environmental and Native American Public Policy Act of 1992 to honor 
        the legacy of Stewart L. Udall, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2009

  Mr. Bingaman (for himself and 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 honor 
        the legacy of Stewart L. Udall, 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 ``Morris K. Udall Scholarship and 
Excellence in National Environmental Policy Amendments Act of 2009''.

SEC. 2. SHORT TITLE.

    Section 1 of the Morris K. Udall Scholarship and Excellence in 
National Environmental and Native American Public Policy Act of 1992 
(20 U.S.C. 5601 note; Public Law 102-259) is amended to read as 
follows:

``SEC. 1. SHORT TITLE.

    ``This Act may be cited as the `Morris K. Udall and Stewart L. 
Udall Foundation Act'.''.

SEC. 3. FINDINGS.

    Section 3 of the Morris K. Udall and Stewart L. Udall Foundation 
Act (20 U.S.C. 5601) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) the Foundation--
                    ``(A) since 1995, has operated exceptional 
                scholarship, internship, and fellowship programs for 
                areas of study related to the environment and Native 
                American tribal policy and health care;
                    ``(B) since 1999, has provided valuable 
                environmental conflict resolution services and 
                leadership through the United States Institute for 
                Environmental Conflict Resolution; and
                    ``(C) is committed to continue making a substantial 
                contribution toward public policy in the future by--
                            ``(i) playing a significant role in 
                        developing the next generation of environmental 
                        and Native American leaders; and
                            ``(ii) working with current leaders to 
                        improve decisionmaking on--
                                    ``(I) challenging environmental, 
                                energy, and related economic problems; 
                                and
                                    ``(II) tribal governance and 
                                economic issues;
            ``(6) Stewart L. Udall, as a member of Congress, Secretary 
        of the Interior, environmental lawyer, and author, has provided 
        distinguished national leadership in environmental and Native 
        American policy for more than 50 years;
            ``(7) as Secretary of the Interior from 1961 to 1969, 
        Stewart L. Udall oversaw the creation of 4 national parks, 6 
        national monuments, 8 national seashores and lakeshores, 9 
        recreation areas, 20 historic sites, and 56 wildlife refuges; 
        and
            ``(8) it is fitting that the leadership and vision of 
        Stewart L. Udall in the areas of environmental and Native 
        American policy be jointly honored with that of Morris K. Udall 
        through the foundation bearing the Udall name.''.

SEC. 4. DEFINITIONS.

    Section 4 of the Morris K. Udall and Stewart L. Udall Foundation 
Act (20 U.S.C. 5602) is amended--
            (1) in paragraph (1), by striking ``Morris K. Udall 
        Scholarship and Excellence in National Environmental Policy'';
            (2) in paragraph (5), by striking ``Scholarship and 
        Excellence in National Environmental Policy'' and inserting 
        ``and Stewart L. Udall''; and
            (3) in paragraph (9), by striking ``Scholarship and 
        Excellence in National Environmental Policy'' and inserting 
        ``and Stewart L. Udall''.

SEC. 5. ESTABLISHMENT OF FOUNDATION.

    Section 5 of the Morris K. Udall and Stewart L. Udall Foundation 
Act (20 U.S.C. 5603) is amended--
            (1) in the section heading, by striking ``scholarship and 
        excellence in national environmental policy'' and inserting 
        ``and stewart l. udall'';
            (2) in subsection (a), by striking ``Scholarship and 
        Excellence in National Environmental Policy'' and inserting 
        ``and Stewart L. Udall''; and
            (3) in subsection (f)(2), by striking ``the rate specified 
        for employees in level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code'' and inserting ``a 
        rate determined by the Board in accordance with section 5383 of 
        title 5, United States Code''.

SEC. 6. AUTHORITY OF FOUNDATION.

    Section 7 of the Morris K. Udall and Stewart L. Udall Foundation 
Act (20 U.S.C. 5605) is amended--
            (1) in subsection (a)(5)--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end;
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) to conduct training, research, and other 
                activities under section 6(7).''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Udall Scholars.--Recipients of scholarships, fellowships, and 
internships under this Act shall be known as `Udall Scholars', `Udall 
Fellows', and `Udall Interns', respectively.''.

SEC. 7. ESTABLISHMENT OF TRUST FUND.

    Section 8 of the Morris K. Udall and Stewart L. Udall Foundation 
Act (20 U.S.C. 5606) is amended--
            (1) in the section heading, by striking ``scholarship and 
        excellence in national environmental policy'' and inserting 
        ``and stewart l. udall''; and
            (2) in subsection (a), by striking ``Scholarship and 
        Excellence in National Environmental Policy'' and inserting 
        ``and Stewart L. Udall''.

SEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND.

    Section 9(a) of the Morris K. Udall and Stewart L. Udall Foundation 
Act (20 U.S.C. 5607(a)) is amended by inserting before the period at 
the end the following: ``, including a reasonable amount for official 
reception and representation expenses, as determined by the Board, not 
to exceed $5,000 for a fiscal year''.

SEC. 9. USE OF INSTITUTE BY FEDERAL AGENCY OR OTHER ENTITY.

    Section 11 of the Morris K. Udall and Stewart L. Udall Foundation 
Act (20 U.S.C. 5607b) is amended by adding at the end the following:
    ``(f) Agency Management or Control.--Use of the Foundation or 
Institute to provide independent and impartial assessment, mediation, 
or other dispute or conflict resolution under this section shall not be 
considered to be the establishment or use of an advisory committee 
within the meaning of the Federal Advisory Committee Act (5 U.S.C. 
App.).''.

SEC. 10. ADMINISTRATIVE PROVISIONS.

    Section 12(a) of the Morris K. Udall and Stewart L. Udall 
Foundation Act (20 U.S.C. 5608(a)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1)(A) appoint such personnel as may be necessary to 
        carry out the provisions of this Act, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service; and
            ``(B) fix the compensation of the personnel appointed under 
        subparagraph (A) at a rate not to exceed the maximum rate for 
        employees in grade GS-15 of the General Schedule under section 
        5332 of title 5, United States Code, except that up to 4 
        employees (in addition to the Executive Director under section 
        5(f)(2)) may be paid at a rate determined by the Board in 
        accordance with section 5383 of that title.'';
            (2) in paragraph (6), by striking ``and'' at the end;
            (3) by redesignating paragraph (7) as paragraph (8); and
            (4) by inserting after paragraph (6) the following:
            ``(7) to rent office space in the District of Columbia or 
        its environs; and''.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    Section 13 of the Morris K. Udall and Stewart L. Udall Foundation 
Act (20 U.S.C. 5609) is amended--
            (1) in subsection (a), by striking ``is authorized to be 
        appropriated to the Trust Fund $40,000,000'' and inserting 
        ``are authorized to be appropriated to the Trust Fund such sums 
        as are necessary''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Environmental Dispute Resolution Fund.--There are authorized 
to be appropriated to the Environmental Dispute Resolution Fund 
established under section 10(a) such sums as are necessary for the 
operating costs of the Institute.''.
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