[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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