[Senate Report 108-74]
[From the U.S. Government Publishing Office]
Calendar No. 64
108th Congress Report
SENATE
1st Session 108-74
======================================================================
ENVIRONMENTAL POLICY AND CONFLICT RESOLUTION ADVANCEMENT ACT OF 2003
_______
June 18, 2003.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 163]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 163) to reauthorize the United States
Institute for Environmental Conflict Resolution, and for other
purposes, having considered the same reports favorably thereon
and recommends that the bill do pass.
General Statement and Background
The U.S. Institute of Environmental Conflict Resolution is
a Federal program established by Congress in 1998 to serve as
an alternative to litigation for environmental disputes. The
Institute is part of the Morris K. Udall Foundation,
established in 1992 as an independent agency of the executive
branch overseen by a board of trustees appointed by the
President. Although the Foundation was originally charged with
the task of establishing a program for environmental dispute
resolution, it lacked the funding and explicit direction that
would enable it to run a program that could provide conflict
resolution services. Thus, the Foundation has sponsored
seminars and workshops on conflict resolution, but it had not
been unable to provide a program for environmental conflict
resolution.
The role of the Institute is to provide direct mediation
and facilitation assistance on selected cases nationwide. It
serves a critical role in assessing the nature of a dispute,
convenes affected parties and assures constructive
deliberations. The Institute also assists Federal and State
agencies in intra-agency and interagency disputes as well as
offering strategic planning, program development, partnering,
and program evaluation. In the past 5 years, its caseload has
grown exponentially to cover requested assistance in more than
100 environmental conflicts across 30 States.
The Institute assisted the Everglades Task Force in
defining its role in resolving disputes over the South
Everglades Restoration Project, worked with the U.S. Forest
Service, ranchers and environmental advocates in the southwest
on grazing and environmental compliance issues, and is
developing a system to resolve disputes among Federal and State
agencies over transportation projects within the context of the
Federal Highway Administration's environmental streamlining
mandate.
Objectives of the Legislation
The funding authorization for the Institute expired in
fiscal year 2002. S. 163 reauthorizes the Institute and
increases its operating funding authority from $1.25 million to
$4.0 million per year from fiscal years 2004-2008. These costs
are intended to continue general services, including assistance
to Federal and State agencies and tribal governments, which may
not have adequate funds to pay for mediation services. $1.0
million of the proposed $4.0 million is dedicated to a
participation fund to support participation of non-Federal
entities to Federal environmental disputes.
The Environmental Policy and Conflict Resolution
Advancement Act of 2003 amends the Morris K. Udall Scholarship
and Excellence in National Environmental and Native American
Public Policy Act of 1992 to authorize appropriations for
fiscal years 2004-2008 for the Environmental Dispute Resolution
Fund. It requires a specified amount to be used for grants or
other arrangements to pay for services provided in a neutral
manner relating to, and to support the participation of non-
Federal entities in, environmental conflict resolution
proceedings involving Federal agencies.
Section-by-Section Analysis
Section 1. Short Title
This Act may be cited as the ``Environmental Policy and
Conflict Resolution Advancement Act of 2003''.
Sec. 2. Environmental Dispute Resolution Fund
SUMMARY
This section specifies the amount of and the neutral manner
in which the assistance from this fund is to be dispersed.
DESCRIPTION
Section 13 of the Morris K. Udall Scholarship and
Excellence in National Environmental and Native American Public
Policy Act of 1992 is amended by authorizing $4.0 million for
the Environmental Dispute Resolution Fund for each of fiscal
years 2004-2008. Authorization for $3.0 million will be used
for operations costs and $1.0 million will be used for grant or
other arrangements to pay the cost of services.
Legislative History
102d Congress Legislative Activities
In the 102d Congress, both Houses of Congress agreed to S.
1176, a bill to establish the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Foundation, but the
bill was neither signed nor returned to the Congress by
President George H.W. Bush. He invoked the pocket veto
privilege on the measure, notwithstanding the intrasession
adjournment of the two Houses from Nov. 27, 1991, until 11:55
a.m., January 3, 1992. As a result, the President and Congress
disagreed on whether this bill ever became law. According to
the report issued by the congressional Research Service on this
matter:
President Bush provoked a pocket veto dispute when he
issued a memorandum of disapproval on December 20,
1991, of this bill to create a Morris K. Udall
scholarship fund (S. 1176). The veto occurred after the
Senate recessed from November 27, 1991 to January 3,
1992. Bush stated in his veto message: ``Because the
Congress is adjourned, this means that this bill will
not become a law.'' [Public Papers of the Presidents,
1991, II, at 1651.]''
Instead of treating the pocket veto as a regular veto
and taking an override vote, the Senate tried a
different strategy. On February 4, 1992, it passed
similar legislation (S. 2184) that included a section
repealing S. 1176, implying that the Bush pocket veto
was invalid and that S. 1176 had become law. [138 Cong.
Rec. 1389-93 (1992).]''
After the House passed S. 2184 on March 3 [Id. at 4078-
82.], President Bush signed the bill into law. Section
2 of the bill contained this language: ``The Morris K.
Udall Scholarship and Excellence in National
Environmental Policy Act, S. 1176, One Hundred Second
Congress, is hereby repealed.'' [106 Stat. 78, Sec. 2
(1992).] However, in signing the bill, Bush remarked:
``S. 2184 purports to `repeal' S. 1176, passed in the
last session of the Congress and presented to me in
December. Because the bill came to me during an
adjournment of the Congress and I withheld my
signature, S. 1176 never became law. Therefore, the
section of S. 2184 purporting to repeal S. 1176 can
have no effect.''[Public Papers of the Presidents,
1992-93, I, at 473.]''
The bill that did become law, S. 2184, was introduced in
the Senate on February 4, 1992, read twice, considered, read
the third time, and passed without amendment by voice vote. On
February 5, 1992, S. 2184 was received in the House and held at
the desk. On March 3, 1992, S. 2184 was considered by the House
under suspension of the rules and was passed by voice vote. On
March 19, 1992, S. 2184 was signed by President, and became
Public Law 102-259.
The enactment of Public Law 102-259 [106 Stat. 84], the
Morris K. Udall Scholarship and Excellence in National
Environmental Policy Act, accomplished the following:
Repealed the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Act (S. 1176, 102d
Congress).
Established the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Foundation (the
Foundation), as an independent entity of the executive branch,
to be located in Tucson, Arizona.
Set forth provisions for a Board of Trustees and
an Executive Director of the Foundation.
Provided that the Foundation, among its other
specified purposes, is to establish, and assist in developing
and implementing, a Program for Environmental Policy Research
and Environmental Conflict Resolution at the Udall Center for
Studies in Public Policy (the Center) at the University of
Arizona.
Authorized the Foundation, in consultation with
the Center, to identify and conduct appropriate programs,
activities, and services to carry out its specified purposes,
including: (1) increasing awareness of the importance of
natural resources, public lands, and environment; (2)
identifying critical environmental issues; (3) developing
resources to train professionals in environmental and related
fields; (4) providing educational outreach regarding
environmental policy; and (5) developing resources to properly
train Native American and Alaska Native professionals in health
care and public policy.
Authorized the Foundation to conduct a national
competition and to award undergraduate scholarships, graduate
and faculty fellowships, internships in governmental agencies
or environmental organizations and grants for individuals
(Morris K. Udall Scholars) to study: (1) in fields related to
the environment; and (2) if they are Native American or Alaska
Native, in health care and tribal public policy.
Directed the Foundation to award grants to the
Center for: (1) annual expert panel discussions; (2) research
on environmental policy and on Native American and Alaska
Native health care and tribal public policy issues; and (3)
sharing practical experiences of visiting policymakers. Directs
the Foundation to provide assistance from the Fund established
under this Act to the Center to maintain a repository, and
assure public availability, for Morris K. Udall's papers and
other appropriate public papers. Directs the Foundation to
determine program priorities, but requires that certain amounts
be used for specified activities.
Established the Morris K. Udall Scholarships and
Excellence in National Environmental Policy Trust Fund, in the
Treasury, to be administered by the Foundation.
Provided for investment of Fund assets, and for
Fund expenditures and audits.
Set forth administrative provisions for the
Foundation.
Authorized appropriations.
105th Congress Legislative Activities
On November 13, 1997, H.R. 3042 was introduced and referred
to the Committee on Education and the Workforce, and to the
Committee on Resources, discharged from the committees,
considered by the House and passed by unanimous consent. On
January 28, 1998, H.R. 3042 was received in the Senate, read
twice, and placed on Senate Legislative Calendar under General
Orders, Calendar No. 302. On January 29, 1998, H.R. 3042 passed
the Senate without amendment by unanimous consent. On February
11, 1998, H.R. 3042 was signed by the President and became
Public Law 105-156.
Public Law 105-156 [112 Stat. 9, 12] H.R. 3042, the
Environmental Policy and Conflict Resolution Act of 1997 did
the following:
Amended the Morris K. Udall Scholarship and
Excellence in National Environmental and Native American Public
Policy Act of 1992 to include on the Board of Trustees of the
Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation the chairperson of the
President's Council on Environmental Quality.
Revised the purposes and authority of the
Foundation to include establishment of the United States
Institute for Environmental Conflict Resolution to assist the
Government in implementing environmental assessment provisions
of the National Environmental Policy Act of 1969.
Established the Environmental Dispute Resolution
Fund in the Treasury for the establishment and operation of the
Institute.
Established procedures for use by a Federal
agency of the Foundation and the Institute to provide
assessment, mediation, or related services in connection with a
dispute or conflict related to the environment, public lands,
or natural resources.
Authorized appropriations to the Fund for
capitalization and operation costs.
106th Congress Legislative Activities
On October 24, 2000, H.R. 5528 was introduced and referred
to the House Committee on Resources. On October 25, 2000, a
committee hearing was held. On October 26, 2000, H.R. 5528 was
considered by the House under suspension of the rules and
passed by voice vote, with an amendment to the title. On
October 27, 2000, H.R. 5528 was received in the Senate, read
twice and placed on the Calendar. On December 11, 2000, H.R.
5528 passed Senate without amendment by unanimous consent. On
December 27, 2000, H.R. 5528 was signed by President and became
Public Law 106-568.
Public Law 106-568, title VIII, Sec. 817(c), [114 Stat.
2918], H.R. 5528, the Omnibus Indian Advancement Act, did the
following:
Inserted in subsection (b): ``, by conducting
management and leadership training of Native Americans, Alaska
Natives, and others involved in tribal leadership, providing
assistance and resources for policy analysis, and carrying out
other appropriate activities.''.
Added subsection (c): ``(c) Training of
Professionals in Health Care and Public Policy. There is
authorized to be appropriated to carry out section 6(7)
$12,300,000 for the 5-fiscal year period beginning with the
fiscal year in which this subsection is enacted.''.
107th Congress Legislative Activities
On March 21, 2002, S. 2064 was introduced and referred to
the Committee on Environment and Public Works. On June 21,
2002, S. 2064 was reported by the Committee on Environment and
Public Works, accompanied by written report S. Rept. 107-168,
and was placed on Senate Legislative Calendar under General
Orders, Calendar No. 432. On October 4, 2002, S. 2064 was
passed Senate without amendment by unanimous consent. On
October 7, 2002, S. 2064 was referred to the Committee on
Education and the Workforce and to the Committee on Resources.
On November 25, 2002, S. 2064 was referred to the Subcommittee
on Select Education. The bill did not emerge from the House
committee before the final adjournment of the 107th Congress.
108th Congress Legislative Activities
On January 15, 2003, S. 163, a bill similar to the measure
passed by the Senate in the 107th Congress, was introduced and
referred to the Committee on Environment and Public Works. On
April 9, 2003, S. 163 was reported favorably to the Senate and
place on the Senate Legislative Calendar under General Orders,
Calendar No. 64.
Hearings
No hearings were held in the 108th Congress.
Rollcall Votes
On Wednesday, April 9, 2003, at 9:30 a.m., in room 406 of
the Dirksen Senate Office Building, the full committee on
Environment and Public Works held a business meeting to markup
S. 163. The committee agreed to the bill by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 163 would not
impose any Federal intergovernmental unfunded mandates on
State, local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
congressional Budget Office,
Washington, DC, April 21, 2003.
Honorable James M. Inhofe,
Committee on Environment and Public Works,
U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has prepared
the enclosed cost estimate for S. 163, the Environmental Policy
and Conflict Resolution Advancement Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middleton, who can be reached at 226-2860.
Sincerely,
Douglas Holtz-Eakin,
Director.
----------
S. 163, Environmental Policy and Conflict Resolution Advancement Act of
2003, as reported by the Senate Committee on Environment and
Public Works on April 9, 2003.
Summary
S. 163 would reauthorize expenditures of the Environmental
Dispute Resolution Fund, which pays for the operations of the
U.S. Institute for Environmental Dispute Resolution. Current
law authorizes the appropriation of about $1 million a year
through 2002 to that fund. S. 163 would authorize the
appropriation of $4 million a year from fiscal year 2004
through 2008 to that fund. The funding would be for operating
costs and a new grant program to help non-Federal entities,
such as State and local and tribal governments, use the
services of the Institute.
Assuming appropriation of the amounts authorized in S. 163,
CBO estimates that implementing the bill would cost $18 million
over the 2004-2008 period. S. 163 would not affect direct
spending or revenues.
S. 163 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
Estimated Cost to the Federal Government
The estimated budgetary impact of S. 163 is shown in the
following table. The costs of this legislation fall within
budget function 300 (environment and natural resources
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION:
Spending Under Current Law:
Budget Authority \1\........................................ 1 0 0 0 0 0
Estimated Outlays........................................... 1 0 0 0 0 0
Proposed Changes:
Authorization Level......................................... 0 4 4 4 4 4
Estimated Outlays........................................... 0 2 4 4 4 4
Spending Under S. 163:
Authorization Level \1\..................................... 1 4 4 4 4 4
Estimated Outlays........................................... 1 2 4 4 4 4
----------------------------------------------------------------------------------------------------------------
\1\The 2003 level is the amount appropriated for that year to the Environmental Dispute Resolution Fund.
For this estimate, CBO assumes that the amounts authorized
by the bill would be appropriated for each fiscal year. Outlay
estimates are based on information from the U.S. Institute for
Environmental Dispute Resolution, as well as historical
spending patterns for this program.
Intergovernmental and Private-Sector Impact
S. 163 contains no intergovernmental or private-sector
mandates as defined in UMRA would impose no costs on State,
local, or tribal governments.
Estimate Prepared By: Federal Costs: Julie Middleton; Impact on
State, Local, and Tribal Governments: Greg Waring; Impact on
the Private Sector: Lauren Marks.
Estimate Approved By: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
20 U.S. Code, Section 5609
TITLE 20--EDUCATION
CHAPTER 66--MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL
ENVIRONMENTAL POLICY FOUNDATION
SEC. 5609. AUTHORIZATION OF APPROPRIATIONS
(a) Trust Fund
There is authorized to be appropriated to the Trust Fund
$40,000,000 to carry out the provisions of this chapter.
[(b) Environmental dispute resolution fund--There are
authorized to be appropriated to the Environmental Dispute
Resolution Fund established under section 5607a of this title--
--
[(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 the fiscal years 1999
through 2002 for operation costs.]
(b) Environmental Dispute Resolution Fund
There is authorized to be appropriated to the Environmental
Dispute Resolution Fund established by section 10 $4,000,000
for each of fiscal years 2004 through 2008, of which----
(1) $3,000,000 shall be used to pay operations
costs (including not more than $1,000 for official
reception and representation expenses); and
(2) $1,000,000 shall be used for grants or other
appropriate arrangements to pay the costs of services
provided in a neutral manner relating to, and to
support the participation of non-Federal entities (such
as State and local governments, tribal governments,
nongovernmental organizations, and individuals) in,
environmental conflict resolution proceedings involving
Federal agencies.
-