[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.

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