[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[House]
[Pages H10941-H10942]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 2215
ENVIRONMENTAL POLICY AND CONFLICT RESOLUTION ACT OF 1997
Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that the
Committee on Education and the Workforce be discharged from further
consideration of the bill (H.R. 3042) 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,
and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Alaska?
Mr. PASTOR. Mr. Speaker, reserving the right to object, we have
cleared this bipartisan bill through our side of the aisle. I would
like to thank the gentleman from Alaska, Chairman Young, the gentleman
from California, Mr. Miller, and my colleague, the gentleman from
Arizona, Mr. Kolbe, for helping us with this legislation.
Mr. KOLBE. Mr. Speaker, will the gentleman yield?
Mr. PASTOR. I yield to the gentleman from Arizona.
Mr. KOLBE. Mr. Speaker, I would also like to thank the chairman of
the Committee on Resources, the gentleman from Alaska [Mr. Young] for
his cooperation on this. This fulfills a commitment that this body made
several years ago when we created the Udall Foundation, to provide for
them an authorization for them to do mediation on environmental
disputes between Federal agencies and other Federal agencies, State or
local agencies, as well as private businesses.
Mr. Speaker, I think this is a step in the right direction to get
litigation out of the courtroom and into mediation. I think it can
serve us very well in our goals of trying to protect the environment,
and also provide for economic growth in this country. I strongly
support this.
Mr. PASTOR. Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Alaska?
There was no objection.
The Clerk read the bill, as follows:
H.R. 3042
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--
(i) 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 (6), 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) Institue 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.
``(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.
[[Page H10942]]
``(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,
medication, 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.--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--
``(ii) 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 that
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.''.
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.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.
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