[Congressional Record Volume 143, Number 111 (Thursday, July 31, 1997)]
[Senate]
[Pages S8612-S8613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENT SUBMITTED

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      THE ENVIRONMENTAL POLICY AND CONFLICT RESOLUTION ACT OF 1997

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                       McCAIN AMENDMENT NO. 1047

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
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 U.S. Institute for Environmental Conflict 
Resolution to conduct environmental conflict resolution and training, 
and for other purposes; as follows:

       Beginning on page 14, strike line 17 and all that follows 
     through page 15, line 3, and insert the following:

     SEC. 6. ENVIRONMENTAL DISPUTE RESOLUTION 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 of that 
     Act, respectively.
       (b) Environmental Dispute Resolution 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 section (a)) is amended by inserting 
     after section 9 the following:

     ``SEC. 10. ENVIRONMENTAL DISPUTE RESOLUTION FUND.

       ``(a) Establishment.--There is established in the Treasury 
     of the United States an Environmental Dispute Resolution Fund 
     to be administered by the Foundation. The Fund shall consist 
     of amounts appropriated to the Fund under section 13(b) and 
     amounts paid into the Fund under section 11.
       ``(b) Expenditures.--The Foundation Shall expend from the 
     Fund such sums as the Board determines are necessary to 
     establish and operate the Institute, including such

[[Page S8613]]

     amounts as are necessary for salaries, administration, the 
     provision of mediation and other services, and such other 
     expenses as the Board determines are necessary.
       ``(c) Distinction From Trust Fund.--The Fund shall be 
     maintained separately from the Trust Fund established under 
     section 8.
       ``(d) Investment of Amounts.--
       ``(1) In general.--The Secretary of the Treasury shall 
     invest such portion of the Fund as is not, in the judgment of 
     the Secretary, required to meet current withdrawals.
       ``(2) Interest-bearing obligations.--Investments may be 
     made only in interest-bearing obligations of the United 
     States
       ``(3) 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.
       ``(4) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       ``(5) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the 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.

       On page 15, strike lines 13 through 16 and insert the 
     following:
       ``(2) Payment into environmental dispute resolution fund.--
     A payment from an executive agency on a contract entered into 
     under paragraph (1) shall be paid into the Environmental 
     Dispute Resolution Fund established under section 10.
       On page 17, line 1, strike ``SEC. 7.'' and insert ``SEC. 
     8''.
       On page 17, line 2, strike ``Section 12'' and insert 
     ``Section 13''.
       On page 17, strike lines 11 through 13 and insert the 
     following:
       ``(b) Environmental Dispute Resolution Fund.--There are 
     authorized to be appropriated to the Environmental Dispute 
     Resolution Fund established under section 10--
       On page 17, line 21, strike ``SEC. 8.'' and insert ``SEC. 
     9.''.
       On page 18, line 4, strike ``12'' and insert ``13(a)''.

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