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


        ENVIRONMENTAL POLICY AND CONFLICT RESOLUTION ACT OF 1997

  Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 142, S. 399.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       A 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 PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Environment and Public 
Works, with an amendment to strike all after the enacting clause and 
inserting in lieu thereof the following:

     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. USE OF THE INSTITUTE BY A FEDERAL AGENCY.

       (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 11 and 12, 
     respectively.
       (b) Use of the Institute.--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.) is amended 
     by inserting after section 9 the following:

     ``SEC. 10. 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 trust fund.--A payment from an executive 
     agency on a contract entered into under paragraph (1) shall 
     be paid into the Trust Fund.
       ``(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. 7. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 12 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) Additional Amounts.--There are authorized to be 
     appropriated to the Trust Fund to carry out this Act an 
     additional amount of--
       ``(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. 8. 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 
     12''.
       (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.

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