II 111th CONGRESS 1st Session S. 432 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.

1.

Short title

This Act may be cited as the Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009.

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:

1.

Short title

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

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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. .

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.

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.

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. .

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.

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.

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.). .

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 .

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. .