[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Senate]
[Page S12180]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE CONCURRENT RESOLUTION 66--TO CORRECT THE ENROLLMENT OF S. 399

  Mr. McCAIN submitted the following concurrent resolution; which was 
considered and agreed to:

                            S. Con. Res. 66

       Resolved by the Senate (the House of Representatives 
     concurring), That in the enrollment of 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 United States Institute for 
     Environmental Conflict Resolution to conduct environmental 
     conflict resolution and training, and for other purposes, the 
     Clerk of the Senate shall make the following correction in 
     section 10 of the Morris K. Udall Scholarship and Excellence 
     in National Environmental and Native American Public Policy 
     Act of 1992 (as amended by section 6 of the bill): Strike 
     subsection (c) and insert the following:
       ``(c) Notification and Concurrence.--
       ``(2) 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).
       ``(3) Notification descriptions.--In a matter involving 2 
     or more agencies or instrumentalities of the Federal 
     Government, 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;
       ``(C) all Federal agencies or instrumentalities with a 
     direct interest or involvement in the matter and a statement 
     that all Federal agencies or instrumentalities agree to 
     dispute resolution; and
       ``(D) other relevant information.
       ``(3) Concurrence.--
       ``(A) In general.--In a matter that involves 2 or more 
     agencies or instrumentalities of the Federal Government 
     (including branches or divisions of a single agency or 
     instrumentality), the agencies or instrumentalities 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 under paragraph (2).
       ``(d) Exceptions.--
       ``(1) Legal issues and enforcement.--
       ``(A) In general.--A dispute or conflict involving agencies 
     or instrumentalities of the Federal Government (including 
     branches or divisions of a single agency or instrumentality) 
     that concern purely legal issues or matters, interpretation 
     or determination of law, or enforcement of law by 1 agency 
     against another agency shall not be submitted to the 
     Foundation or Institute.
       ``(B) Applicability.--Subparagraph (A) does not apply to a 
     dispute or conflict concerning--
       ``(i) agency implementation of a program or project;
       ``(ii) a matter involving 2 or more agencies with parallel 
     authority requiring facilitation and coordination of the 
     various government agencies; or
       ``(iii) a nonlegal policy or decisionmaking matter than 
     involves 2 or more agencies that are jointly operating a 
     project.
       ``(2) Other mandated mechanisms or avenues.--A dispute or 
     conflict involving agencies or instrumentalities of the 
     Federal Government (including branches or divisions of a 
     single agency or instrumentality) for which Congress by law 
     has mandated another dispute resolution mechanism or avenue 
     to address or resolve shall not be submitted to the 
     Foundation or Institute.''.

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