[Congressional Record Volume 143, Number 140 (Thursday, October 9, 1997)]
[Senate]
[Pages S10823-S10825]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           AMENDMENT NO. 1323

(Purpose: To separate funds used for environmental conflict resolution 
                        from scholarship funds)

  Mr. STEVENS. Mr. President, Senator McCain has an amendment at the 
desk, and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Alaska [Mr. Stevens] for Mr. McCain, 
     proposes an amendment numbered 1323.

  Mr. STEVENS. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is 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

[[Page S10824]]

     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 subsection (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 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)''.

  Mr. STEVENS. Mr. President, I ask unanimous consent that the 
amendment be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1323) was agreed to.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the 
committee amendment, as amended, be agreed to; that the bill be 
considered read a third time and passed; that the motion to reconsider 
be laid upon the table; and that any statements relating to the bill 
appear at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment, as amended, was agreed to.
  The bill (S. 399), as amended, was read the third time and passed, as 
follows:

                                 S. 399

       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 ``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. 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 subsection (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 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.

[[Page S10825]]

       ``(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.

       ``(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 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.
       ``(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. 8. AUTHORIZATION OF APPROPRIATIONS.

       (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--
       (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) Environmental Dispute Resolution Fund.--There are 
     authorized to be appropriated to the Environmental Dispute 
     Resolution Fund established under section 10--
       ``(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. 9. 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 
     13(a)''.
       (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.

                          ____________________