Senate Report 116-101 - TO AMEND AND REAUTHORIZE THE MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION ACT

[Senate Report 116-101]
[From the U.S. Government Publishing Office]

Calendar No. 118
116th Congress } { Report
SENATE
1st Session } { 116-101

======================================================================

TO AMEND AND REAUTHORIZE THE MORRIS K. UDALL AND STEWART L. UDALL
FOUNDATION ACT

_______

September 11, 2019.--Ordered to be printed

_______

Mr. Barrasso, from the Committee on Environment and Public Works,
submitted the following

R E P O R T

[To accompany S. 1345]

[Including cost estimate of the Congressional Budget Office]

The Committee on Environment and Public Works, to which was
referred the bill (S. 1345) to amend and reauthorize the Morris
K. Udall and Stewart L. Udall Foundation Act, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.

General Statement and Background

The Morris K. Udall Scholarship and Excellence in National
Environmental Policy Act of 1992 was signed into law by
President Bush on March 19, 1992. The Act established the
Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation (Udall Foundation), so named to
honor the career and public service of Morris K. Udall. The
Udall Foundation was established for several purposes,
including: (1) to award scholarships and fellowships to
outstanding students intending to pursue careers in the
environment, and internships to outstanding Native Americans
and Alaska Native college students intending to pursue careers
in health care and tribal public policy; (2) to provide for a
panel of experts to meet annually to discuss contemporary
environmental issues; and (3) to establish a program for
environmental policy research and a program for environmental
conflict resolution.
Although originally tasked with establishing a program for
environmental dispute resolution, the Udall Foundation lacked
the funding and explicit direction to enable it to operate a
program that could provide conflict-resolution services. Thus,
in 1998, Congress passed the Environmental Policy and Conflict
Resolution Act of 1997 to create the United States Institute
for Environmental Conflict Resolution (Institute) as part of
the Foundation. The Institute provides mediation and related
services to help resolve environmental, natural resources, and
public lands conflicts that involve the federal government.
On November 4, 2009, President Barack Obama signed into law
the Morris K. Udall Scholarship and Excellence in National
Environmental Policy Amendments Act of 2009. The Act enhanced
the Udall Foundation, and (to honor Stewart L. Udall)
officially renamed it the Morris K. Udall and Stewart L. Udall
Foundation, the name the Foundation bears today.
Senator John McCain was a steadfast advocate for the Udall
Foundation, and instrumental to the legislative creation and
expansion of the Foundation and its programs. He was a
cosponsor of the Foundation's enabling legislation in 1992 and
the amendments enacted in 2009. Moreover, he introduced the
1997 legislation creating the Institute.
S. 1345, a bill to amend the Morris K. Udall and Stewart L.
Udall Foundation Act, authorizes appropriations of $4,000,000
annually through fiscal year 2023 for the Environmental Dispute
Resolution Fund to provide funding for the Institute. The
legislation also increases the Trust Fund allocation limit for
administrative expenses to help support mission activities,
makes several changes to the existing statutory language to
clarify the authority of the Udall Foundation, and eliminates
inconsistencies in language and authority, among other
objectives.
Further, to honor Senator McCain's legacy and contributions
to the Udall Foundation, S. 1345 modifies the name of the
Institute to the ``John S. McCain III United States Institute
for Environmental Conflict Resolution''. In addition, the bill
increases the amount of allowable administrative costs by
raising the existing statutory ceiling of 15 percent to 17.5
percent.

Objectives of the Legislation

The objectives of S. 1345 are to improve and enhance the
Udall Foundation's ability to serve its mission, and to honor
Senator John McCain's legacy and contributions to the Udall
Foundation.

Section-by-Section Analysis

Section 1. Findings

This section makes Congressional findings regarding the
positive impacts of the Foundation's Parks in Focus Program,
and the Foundation's Native Nations Institute for Leadership,
Management, and Policy. Congress further finds that the
Foundation is committed to making a substantial contribution
toward public policy.

Section 2. Definitions

This section renames the ``United States Institute for
Environmental Conflict Resolution'' the ``John S. McCain III
United States Institute for Environmental Conflict
Resolution''. This section also includes the Native Nations
Institute in the definition of the Udall Center, and makes the
``Native Nations Institute'' a defined term. This section also
adds definitions for the terms ``collaboration'' and ``Nation's
parks and wilderness.''

Section 3. Establishment of Morris K. Udall and Stewart L. Udall
Foundation

This section adds the District of Colombia as one of the
locations of the Foundation.

Section 4. Purpose of the Foundation

This section amends Section 6 of the Morris K. Udall and
Stewart L. Udall Foundation Act (10 U.S.C. 5604) by revising
paragraph (4) to eliminate any duplication of authority between
the Udall Center and the Institute with regard to research,
environmental conflict resolution, and training. This section
also revises paragraph (5) to include training related to
natural resources and conflict resolution, paragraph (7) to
identify the Native Nations Institute and include the term
``education,'' and paragraph (8) to include the terms
``issues'' and ``conflicts.''

Section 5. Authority of the Foundation

This section clarifies the authority of the Foundation to
conduct education programs and clarifies the authority of the
Board of Trustees to approve education programs consistent with
the purposes for which the Foundation was established. This
section also clarifies the authority of the Foundation to
assist in the development of programs at the Udall Center,
clarifies the authority of the Foundation with respect to the
papers of Stewart L. Udall, and provides authority for the
Foundation to assist the Native Nations Institute directly or
indirectly, as directed by Congress. Further, this section
clarifies how the Foundation is to be allocated funds from the
Trust Fund, and raises the allocation limit for administrative
expenses from 15 percent to 17.5 percent. This section further
corrects all cross references to Section 6 of the Morris K.
Udall and Stewart L. Udall Foundation Act (10 U.S.C. 5604), and
includes a reference to ``collaboration'' and ``Federal, state
or tribal environmental or natural resource decision-making
processes or procedures that may result in a dispute or
conflict.'' Finally, this section repeals the provisions
relating to office space and third party matching funds for
allocation to the Udall Center.

Section 6. Use of Institute by Federal agency or other entity

This section specifies how a federal agency may use the
Foundation and the Institute by adding the term
``collaboration'' as that term is defined. This section adds
``a Federal, State, or tribal process or procedure that may
result in a dispute or conflict'' as a scenario in which an
agency may use the Foundation and Institute.

Section 7. Administrative provisions

This section clarifies the authority of the Foundation to
solicit and accept donations, grants, and gifts, including from
the Institute. This section also clarifies the authority of the
Foundation to rent office space in Tucson, Arizona.

Section 8. Authorization of appropriations

This section authorizes appropriations of $4 million
annually for the Environmental Dispute Resolution Fund from
fiscal years 2020 through 2023.

Section 9. Audit of the Foundation

This section requires the Inspector General of the
Department of the Interior to conduct an audit of the
Foundation.

Legislative History

On May 7, 2019, Senator Heinrich introduced S. 1345, a bill
to amend the Morris K. and Stewart L. Udall Foundation Act with
Senators Alexander, McSally, and Sinema as original cosponsors.
The bill was referred to the Committee on Environment and
Public Works. On June 19, 2019, the Committee met to consider
S. 1345. The bill was ordered favorably reported by voice vote.
The text of S. 1345 is substantially similar to the text of
S. 2827, a bill to amend the Morris K. and Stewart L. Udall
Foundation Act, which passed the Senate during the 115th
Congress. On May 10, 2018, Senators Heinrich and McCain
introduced S. 2827. Senators Alexander and Kyl were additional
co-sponsors. The Committee met on September 18, 2018, and
ordered S. 2827 favorably reported by voice vote with an
amendment in the nature of a substitute offered by Senator
Barrasso, which, inter alia, modified the name of the Institute
to the ``John S. McCain III United States Institute for
Environmental Conflict Resolution''. On December 13, 2018, S.
2827 passed the Senate with an amendment by Unanimous Consent.

Hearings

No legislative hearings were held by the Committee on
Environment and Public Works to consider S. 1345.

Rollcall Votes

On June 19, 2019, the Committee on Environment and Public
Works met to consider S. 1345. The bill was ordered favorably
reported by voice vote. No roll call votes were taken.

Regulatory Impact Statement

In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee finds that S. 1345
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 notes that the Congressional
Budget Office found, ``S. 1345 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act (UMRA).''

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, August 2, 2019.
Hon. John Barrasso,
Chairman, 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. 1345, a bill to
amend and reauthorize the Morris K. Udall and Stewart L. Udall
Foundation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Justin
Humphrey.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

Bill summary: The Morris K. Udall and Stewart L. Udall
Foundation is an independent agency of the executive branch. S.
1345 would amend the Morris K. Udall and Stewart L. Udall
Foundation Act and authorize the appropriation of funds for the
Environmental Dispute Resolution Fund and the Morris K. Udall
and Stewart L. Udall Trust Fund.
Estimated Federal cost: The estimated budgetary effect of
S. 1345 is shown in Table 1. The costs of the legislation fall
within budget functions 300 (natural resources and the
environment) and 500 (education, training, employment, and
social services).

TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 1345
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
--------------------------------------------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2019-2024 2019-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization.............................. 0 6 6 6 6 2 n.e. n.e. n.e. n.e. n.e. 26 n.e.
Estimated Outlays.................................... 0 4 6 6 6 4 n.e. n.e. n.e. n.e. n.e. 26 n.e.

INCREASES IN DIRECT SPENDING

Estimated Budget Authority........................... 0 * * * * * * * * * * 1 2
Estimated Outlays.................................... 0 * * * * * * * * * * 1 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
n.e. = not estimated; * = between zero and $500,000.

Basis of estimate: The foundation's activities are funded
by appropriations to the Environmental Dispute Resolution Fund
(EDRF) and the Morris K. Udall and Stewart L. Udall Trust Fund.
Although the underlying authorization of appropriations for
those programs have expired, the Congress has continued to
appropriate funds for them.
For this estimate, CBO assumes the bill will be enacted
near the end of 2019 and that the necessary funds will be
appropriated each year. Estimated outlays are based on
historical spending patterns.
Spending subject to appropriation: CBO estimates that S.
1345 would authorize the appropriation of $26 million over the
2019-2024 period.
Environmental Dispute Resolution Fund. From 2020 through
2023, S. 1345 would authorize the annual appropriation of $3
million for operating costs and $1 million for services to
support federal and nonfederal entities in environmental
conflict resolution proceedings that involve federal agencies.
CBO estimates that implementing those provisions would cost $16
million over the 2020-2024 period. The Congress appropriated $3
million to the EDRF in 2019.
Udall Trust Fund. Appropriations to the trust fund are
invested in Treasury obligations, with some of the appropriated
funds spent during the year to support the Native Nations
Institute for Leadership, Management, and Policy. The balance
of the appropriation remains in the fund and annual interest
credited to the fund is available without future appropriation
to support various scholarship and fellowship programs.
S. 1345 would not specifically amend the period for which
appropriations to the trust fund are authorized. However, the
bill would amend other parts of the law that authorize those
activities. As a result, CBO's estimate is based on the
expectation that the Congress intends those activities to
continue and thus that S. 1345 would permanently authorize the
appropriation of whatever amounts are necessary to the trust
fund.
The Congress appropriated $2 million to the trust fund to
invest in Treasury obligations for fiscal year 2019. Assuming
appropriation of a similar amount for 2020, and increasing that
amount for expected inflation in future years, CBO estimates
that the bill would authorize the appropriation of $10 million
over the 2019-2024 period; the resulting outlays would total
the same amount over that period.
Inspector General. In addition, the bill would require the
Inspector General of the Department of the Interior to conduct
an audit of the foundation's finances. Using information about
the costs of audits of similar size and scope, CBO estimates
that satisfying the audit requirement in S. 1345 would cost
less than $500,000.
Direct spending. CBO estimates that enacting S. 1345 would
increase direct spending by $2 million over the 2019-2029
period.
Udall Trust Fund. The bill would authorize additional
appropriations to the trust fund, which would be invested in
Treasury obligations. The interest earned is later spent on the
trust fund's activities. Those outlays are classified as direct
spending because the fund can spend the interest without
further appropriation.
CBO estimates that enacting S. 1345 would authorize the
appropriation of $20 million over the 2019-2029 period for the
trust fund to invest in Treasury obligations. Based on CBO's
projections of interest rates that underlie CBO's May baseline,
CBO estimates that the trust fund would earn, and subsequently
spend, an additional $2 million over the 2019-2029 period.
Environmental Dispute Resolution Fund. Appropriations for
the EDRF would be used to support the annual operations of the
U.S. Institute for Environmental Conflict Resolution. As part
of its operations, the institute provides services to and
receives payments from federal and nonfederal entities; those
receipts are treated as reductions in direct spending. The
institute can subsequently spend those receipts on additional
activities without further appropriation. Because CBO expects
that those receipts are likely to be spent shortly after they
are collected, we estimate that enacting S. 1345 would result
in a negligible net effect on direct spending by the EDRF.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. CBO estimates that enacting S. 1345 would increase
direct spending by an insignificant amount in each fiscal year
from 2020 to 2029 and by $2 million over the 2020-2029 period,
as shown in Table 1.
Increase in long-term deficits: CBO estimates that enacting
S. 1345 would not increase on-budget deficits by more than $5
billion in any of the four consecutive 10-year periods
beginning in 2030.
Mandates: S. 1345 contains no intergovernmental or private-
sector mandates as defined by the Unfunded Mandates Reform Act.
Estimate prepared by: Federal costs: Justin Humphrey and
Jon Sperl; Mandates: Lilia Ledezma.
Estimate reviewed by: Sheila Dacey, Chief, Income Security
and Education Cost Estimates Unit; Kim Cawley, Chief, Natural
Resources Cost Estimates Unit; H. Samuel Papenfuss, 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:

* * * * * * *

Morris K. Udall and Stewart L. Udall Foundation Act

* * * * * * *

SECTION 1. [20 U.S.C. 5601 NOTE] SHORT TITLE.

This Act may be cited as the ``Morris K. Udall and Stewart L.
Udall Foundation Act''.

* * * * * * *

SEC. 3. [20 U.S.C. 5601] FINDINGS.

The Congress finds that--
(1) * * *

* * * * * * *

(5) the Foundation--
(A) since 1995, has operated exceptional
scholarship, internship, and fellowship
programs for areas of study related to the
environment and Native American tribal policy
and health care;
(B) since 1999, has provided valuable
environmental conflict resolution services and
leadership through [the United States Institute
for Environmental Conflict Resolution] the
Institute; and

* * * * * * *

SEC. 4. [20 U.S.C. 5602] DEFINITIONS.

For the purposes of this Act--
(1) the term ``Board'' means the Board of Trustees of
the Foundation established under section 5(b);
(2) the term ``Center'' means [the Udall Center for
Studies in Public Policy established at the University
of Arizona in 1987] the Udall Center for Studies in
Public Policy established in 1987 at the University of
Arizona, and includes the Native Nations Institute
(3) the term `collaboration' means to work in
partnership with other entities for the purpose of--
(A) resolving disputes;
(B) addressing issues that may cause or
result in disputes; or
(C) streamlining and enhancing Federal,
State, or tribal environmental and natural
resource decision-making processes or
procedures that may result in a dispute or
conflict;
[(3)] (4) the term ``eligible individual'' means a
citizen or national of the United States or a permanent
resident alien of the United States;
[(4)] (5) the term ``environmental dispute'' means a
dispute or conflict relating to the environment, public
lands, or natural resources;
[(5)] (6) the term ``Foundation'' means the Morris K.
Udall and Stewart L. Udall Foundation established under
section 5(a);
[(6)] (7) the term ``Institute'' means the [United
States Institute for Environmental Conflict Resolution]
John S. McCain III United States Institute for
Environmental Conflict Resolution established pursuant
to [section 7(a)(1)(D)] section 7(a)(1)(B);
[(7)] (8) the term ``institution of higher
education'' has the same meaning given to such term by
[section 1201(a)] section 101(a) of the Higher
Education Act of 1965;
(9) the term `Nation's parks and wilderness' means
units of the National Park System and components of the
National Wilderness Preservation System;
(10) the term `Native Nations Institute' means the
Native Nations Institute for Leadership, Management,
and Policy established at the University of Arizona in
2001;
[(8)] (11) the term ``State'' means each of the
several States, the District of Columbia, Guam, the
Virgin Islands, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall
Islands, the Federal States of Micronesia, and the
Republic of Palau (until the Compact of Free
Association is ratified); and
[(9)] (12) the term ``Trust Fund'' means the Morris
K. Udall and Stewart L. Udall Trust Fund established in
section 8.

SEC. 5. [20 U.S.C. 5603] ESTABLISHMENT OF THE MORRIS K. UDALL AND
STEWART L. UDALL FOUNDATION.

(a) Establishment.-- * * *

* * * * * * *

(e) Location of Foundation.--The Foundation shall be located
in Tucson, [Arizona] Arizona and the District of Columbia.

* * * * * * *

SEC. 6. [20 U.S.C. 5604] PURPOSE OF THE FOUNDATION.

It is the purpose of the Foundation to--
(1) * * *

* * * * * * *

(4) [establish a Program for Environmental Policy
Research and Environmental Conflict Resolution and
Training at the Center] `establish a program for
environmental policy research at the Center and a
program for environmental conflict resolution and
training at the John S. McCain III United States
Institute for Environmental Conflict Resolution;
(5) develop resources to properly train professionals
in the environmental, natural resource, conflict
resolution, and related fields;

* * * * * * *

(7) develop resources at the Native Nations Institute
to properly train Native American and Alaska Native
professionals in health care and public policy, by
providing education to and 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;
(8) establish as part of the Foundation the John S.
McCain III 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

* * * * * * *

SEC. 7. [20 U.S.C. 5605] AUTHORITY OF THE FOUNDATION.

(a) Authority of the Foundation.--
(1) In general.--
[(A) The Foundation, in consultation with the Center,
is authorized to identify and conduct such programs,
activities, and services as the Foundation considers
appropriate to carry out the purposes described in
section 6. The Foundation shall have the authority to
award scholarships, fellowships, internships, and
grants and fund the Center to carry out and manage
other programs, activities and services.
[(B) The Foundation may provide, directly or by
contract, for the conduct of national competition for
the purpose of selecting recipients of scholarships,
fellowships, internships, and grants awarded under this
Act.
[(C) The Foundation may award scholarships,
fellowships, internships and grants to eligible
individuals in accordance with the provisions of this
Act for study in fields related to the environment and
Native American and Alaska Native health care and
tribal public policy. Such scholarships, fellowships,
internships and grants shall be awarded to eligible
individuals who meet the minimum criteria established
by the Foundation.]
(A) General programming authority.--The
Foundation is authorized to identify and
conduct, directly or by contract, such
programs, activities, and services as the
Foundation considers appropriate to carry out
the purposes described in section 6, which may
include--
(i) awarding scholarships,
fellowships, internships, and grants,
by national competition or other
method, to eligible individuals, as
determined by the Foundation and in
accordance with paragraphs (2), (3),
and (4), for study in fields related to
the environment or Native American and
Alaska Native health care and tribal
policy;
(ii) funding the Center to carry out
and manage other programs, activities,
and services; and
(iii) other education programs that
the Board determines are consistent
with the purposes for which the
Foundation is established.
[(D)] (B) [Institute for environmental
conflict resolution] John S. McCain III United
States Institute for Environmental Conflict
Resolution.--
(i) In general.--The Foundation
shall--
(I) establish the John S.
McCain III 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,
collaboration, training, and
other related services [to
resolve environmental disputes]
to resolve--
(aa) environmental
disputes; and
(bb) Federal, State,
or tribal environmental
or natural resource
decision-making
processes or procedures
that may result in a
dispute or conflict
that may cause or
result in disputes.
(ii) Geographic proximity of conflict
resolution provision.--In providing
assessment, mediation, collaboration,
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.
(2) Scholarships.-- * * *

* * * * * * *

[(5) Grants.--The Foundation shall award grants to
the Center--
[(A) to provide for an annual panel of
experts to discuss contemporary environmental
issues;
[(B) to conduct environmental policy
research;
[(C) to conduct research on Native American
and Alaska Native health care issues and tribal
public policy issues;
[(D) for visiting policymakers to share the
practical experiences of such for visiting
policymakers with the Foundation; and
[(E) to conduct training, research, and other
activities under section 6(7).]
(4) Internships.-- * * *

* * * * * * *

(5) Parks in focus.--The Foundation shall--
(A) identify and invite the participation of
youth throughout the United States to enjoy the
Nation's parks and wilderness and other outdoor
areas, in an education program intended to
carry out the purpose of paragraphs (1) and (2)
of section 6; and
(B) provide training and education programs
and activities to teach Federal employees,
natural resource professionals, elementary and
secondary school educators, and others to work
with youth to promote the use and enjoyment of
the Nation's parks and wilderness and other
outdoor areas.
(6) Specific programs.--The Foundation shall assist
in the development and implementation of programs at
the Center--
(A) to provide for an annual meeting of
experts to discuss contemporary environmental
issues;
(B) to conduct environmental policy research;
and
(C) to promote dialogue with visiting
policymakers on environmental, natural
resource, and public lands issues.
[(6)] (7) Repository.--The Foundation shall provide
direct or indirect assistance from the proceeds of the
Trust Fund to the Center to maintain the current site
of the repository for [Morris K. Udall's papers] the
papers of Morris K. Udall and Stewart L. Udall and
other such public papers as may be appropriate and
assure such papers' availability to the public.
[(7)] (8) Coordination.--The Foundation shall assist
in the development and implementation of a Program for
Environmental Policy Research and Environmental
Conflict Resolution and Training to be located at the
Center.
(9) Native nations institute.--The Foundation shall
provide direct or indirect assistance to the Native
Nations Institute from the annual appropriations to the
Trust Fund in such amounts as Congress may direct to
conduct research and provide education and training to
Native American and Alaska Native professionals and
leaders on Native American and Alaska Native health
care issues and tribal public policy issues as provided
in section 6(7).

* * * * * * *

[(c) Program Priorities.-- The Foundation shall determine the
priority of the programs to be carried out under this Act and
the amount of funds to be allocated for such programs. However,
not less than 50 percent shall be utilized for the programs set
forth in section 6(a)(2), section 6(a)(3), and section 6(a)(4),
not more than 15 percent shall be used for salaries and other
administrative purposes, and not less than 20 percent shall be
appropriated to the Center for section 6(a)(5), section
6(a)(6), and section 6(a)(7) conditioned on a 25-percent match
from other sources and further conditioned on adequate space at
the Center being made available for the Executive Director and
other appropriate staff of the Foundation by the Center.]
(c) Program Priorities.--
(1) In general.--The Foundation shall determine the
priority of the programs to be carried out under this
Act and the amount of funds to be allocated for such
programs from the funds earned annually from the
interest derived from the investment of the Trust Fund,
subject to paragraph (2).
(2) Limitations.--In determining the amount of funds
to be allocated for programs carried out under this Act
for a year--
(A) not less than 50 percent of such annual
interest earnings shall be utilized for the
programs set forth in paragraphs (2), (3), (4),
and (5) of subsection (a);
(B) not more than 17.5 percent of such annual
interest earnings shall be allocated for
salaries and other administrative purposes; and
(C) not less than 20 percent of such annual
interest earnings shall be appropriated to the
Center for activities under paragraphs (7) and
(8) of subsection (a).
(d) Donations.--Any funds received by the Foundation in the
form of donations or grants, as well as any unexpended earnings
on interest from the Trust Fund that is carried forward from
prior years--
(1) shall not be included in the calculation of the
funds available for allocations pursuant to subsection
(c); and
(2) shall be available to carry out the provisions of
this Act as the Board determines to be necessary and
appropriate.

* * * * * * *

SEC. 11. [20 U.S.C. 5607B] USE OF THE INSTITUTE BY A FEDERAL AGENCY OR
OTHER ENTITY.

(a) Authorization.--A Federal agency may use the Foundation
and the Institute to provide assessment, mediation,
collaboration, or other related services in connection with a
dispute or conflict related to the environment, public lands,
or natural [resources.] `resources, or with a Federal, State,
or tribal process or procedure that may result in a dispute or
conflict.

* * * * * * *

(2) Notification descriptions.--In a matter involving
two or more agencies or instrumentalities of the
Federal Government, notification under paragraph (1)
shall include a written description of--

* * * * * * *

(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
mediation, collaboration, and dispute
resolution; and

SEC. 12. [20 U.S.C. 5608] ADMINISTRATIVE PROVISIONS.

(a) In General.--In order to carry out the provisions of this
Act, the Foundation may--
(1) * * *

* * * * * * *

(4) [accept, hold, administer, and utilize gifts]
accept, hold, solicit, administer, and utilize
donations, grants, and gifts, both real and personal,
for the purpose of aiding or facilitating the work of
the Foundation;

* * * * * * *

(7) to rent office space [in the District of Columbia
or its environs] `in the District of Columbia and
Tucson, Arizona, or their environs; and

* * * * * * *

(b) The Institute.--The authorities set forth above shall[,
with the exception of paragraph (4),] apply to the Institute
established pursuant to section 10 and to the activities of the
Foundation under section 6(7).

SEC. 13. [20 U.S.C. 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
Act.
(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] fiscal years 2020 through
2023, of which--

* * * * * * *

[all]