[Congressional Record Volume 149, Number 7 (Wednesday, January 15, 2003)]
[Senate]
[Page S849]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Jeffords, and Mr. Daschle):
  S. 163. A bill to reauthorize the United States Institute for 
Environmental Conflict Resolution, and for other purposes; to the 
Committee on Environment and Public Works.
  Mr. McCAIN. Mr. President, I am pleased to introduce legislation to 
continue Federal support for the U.S. Institute for Environmental 
Conflict Resolution. This legislation is identical to legislation which 
passed the Senate unanimously in September of last year.
  The Congress enacted legislation to establish the U.S. Institute for 
Environmental Conflict Resolution in 1998, with the purpose of offering 
an alternative to litigation for parties in dispute over environmental 
conflicts. As we know, many environmental conflicts often result in 
lengthy and costly court proceedings and may take years to resolve. In 
cases involving Federal Government agencies, the costs for court 
proceeding are usually paid for by taxpayers. While litigation is still 
a recourse to resolve disputes, the Congress recognized the need for 
alternatives, such as mediation and facilitated collaboration, to 
address the rising number of environmental conflicts that have clogged 
Federal courts, executive agencies, and the Congress.
  The Institute was placed at the Morris K. Udall Foundation in 
recognition of former Representative Morris K. Udall from Arizona and 
his exceptional environmental record, as well as his unusual ability to 
build a consensus amoung fractious and even hostile interests. The 
Institute was established as an experiment with the idea that hidden 
within fractured environmental debates lay the seeds for many 
agreements, an approach applied by Mo Udall with unsurpassed ability.
  The success of the Institute is far greater than we could have 
imagined. The Institute began operations in 1999 and has already 
provided assistance to parties in more than 100 environmental conflicts 
across 30 states.
  Agencies from the Environmental Protection Agency, the Departments of 
Interior and Agriculture, the U.S. Navy, the Army Corps of Engineers, 
the Federal Highway Administration, the Federal Energy Regulatory 
Commission, and others have all called upon the Institute for 
assistance. Even the Federal courts are referring cases to the 
Institute for mediation, including such high profile cases as the 
management of endangered salmon throughout the Columbia River Basin in 
the Northwest.
  The Institution also assisted in facilitating interagency temawork 
for the Everglades Task Force which oversees the South Everglades 
Restoration Project. The U.S. Forest Service requested assistance to 
bring ranchers and environmental advocates in the southwest to work on 
grazing and environmental compliance issues. Even members of Congress 
have sought the Institute's assistance to review implementation of the 
Nation's fundamental environmental law, the National Environmental 
Policy Act, to assess how it can be improved using collaborative 
processes.
  The Institute accomplishes its work by maintaining a national roster 
of 180 environmental mediators and facilitators located in 39 states. 
We believe that mediators should be involved in the geographic area of 
the dispute whenever possible and that system is working.
  The demand on the Institute's assistance had been much greater than 
anticipated. At the time the Institute was created, we did not 
anticipate the magnitude of the role it would serve to the Federal 
Government. The Institute has served as a mediator between agencies and 
as an advisor to agency dispute resolution efforts involving 
overlapping or competing jurisdictions and mandates, developing long-
term solutions, training personnel in consensus-building efforts, and 
designing international systems for preventing or resolving disputes.
  Unfortunately, experience has also taught us that most Federal 
agencies are limited from participating because of inadequate funds to 
pay for mediation services. This legislation will authorize a 
participation fund to be used to support meaningful participation of 
parties to Federal environmental disputes. The participation fund will 
provide matching funds to stakeholders who cannot otherwise afford 
mediation fees or costs of providing technical assistance.
  In addition to creating this new participation fund, this legislation 
simply extends the authorization for the Institute for an additional 
five years with a modest increase in its operation budget. The proposed 
increase is in response to the overwhelming demand on the Institute's 
services, an investment that will ultimately benefit taxpayers by 
preventing costly litigation.
  I hope that we can consider this legislation expeditiously to ensure 
continuing support for the valuable services of the U.S. Institute for 
Environmental Conflict Resolution to our Nation.
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