[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Notices]
[Pages 36917-36920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13201]


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MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL 
POLICY FOUNDATION


The United States Institute for Environmental Conflict 
Resolution; Agency Information Collection Activities; Extension of 
Currently Approved Information Collection; Comment Request; U.S. 
Institute for Environmental Conflict Resolution; Application for the 
National Roster of Environmental Dispute Resolution and Consensus 
Building Professionals

AGENCY: Morris K. Udall Scholarship and Excellence in National 
Environmental Policy Foundation, U.S. Institute for Environmental 
Conflict Resolution.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act and supporting 
regulations, this document announces that the U.S. Institute for 
Environmental Conflict Resolution (the Institute), part of the Morris 
K. Udall Foundation, is submitting to the Office of Management and 
Budget (OMB) a request for an extension for the currently approved 
information collection (ICR), OMB control Number 2010-0030: Application 
for the National Roster of Environmental Dispute Resolution and 
Consensus Building Professionals (``National Roster of ECR 
Practitioners''), currently operating pursuant to Terms of Clearance 
issued July 29, 1999. The Institute published a Federal Register notice 
on March 20, 2002 (67 FR 13021-13024), to solicit public comments for a 
60-day period. The Institute received no comments. The purpose of this 
notice is to allow an additional 30 days for public comments regarding 
this information collection.

DATES: Comments must be submitted on or before June 27, 2002.

ADDRESSES: Direct comments to: Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB) Attention: Amy Farrell, 
Room 10202 NEOB, 725 17th Street NW, Washington, DC 20503, Phone: 202-
395-7318, Fax: 202-395-7285, Email: [email protected]. 
Please provide a copy to the U.S. Institute (contact information 
below.)

FOR FURTHER INFORMATION CONTACT: For further information or a copy of 
the ICR, contact: Joan C. Calcagno, Roster Manager: U.S. Institute for 
Environmental Conflict Resolution, 110 South Church Avenue, Suite 3350, 
Tucson, Arizona 85701. Fax: 520-670-5530. Phone: 520-670-5299. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Title for the Collection of Information

    Application for National Roster of Environmental Dispute Resolution 
and Consensus Building Professionals (``National Roster of ECR 
Practitioners'').

B. Potentially Affected Persons

    You are potentially affected by this action if you are a dispute 
resolution or consensus building professional in the environmental or 
natural resources field who wishes to be listed on the National Roster 
of Environmental Dispute Resolution and Consensus Building 
Professionals.

C. Questions To Consider in Making Comments

    The U.S. Institute for Environmental Conflict Resolution requests 
your comments to any of the following questions related to collecting 
information for the extension of the Application for the National 
Roster of ECR Practitioners:
    (1) Is the continued use of the application (``collection of 
information'') necessary for the proper performance of the functions of 
the agency, including whether the information has practical utility?
    (2) Is the agency's estimate of the time spent completing the 
application (``burden of the proposed collection of information'') 
accurate, including the validity of the methodology and assumptions 
used?

[[Page 36918]]

    (3) Can you suggest ways to enhance the quality, utility, and 
clarity of the information collected?
    (4) Can you suggest ways to minimize the burden of the collection 
of information on those who are to respond, including through the use 
of appropriate automated electronic, mechanical, or other technological 
collection techniques or other forms of information technology?

D. Abstract

    The U.S. Institute for Environmental Conflict Resolution plans to 
continue collecting information from environmental dispute resolution 
and consensus building neutral professionals who desire to become 
members of the National Roster of ECR Practitioners, from which those 
involved in environmental, natural resource, or public lands disputes 
can locate, and may select, providers of neutral services. Responses to 
the collection of information (the application) are voluntary, but 
required to obtain a benefit (listing on the National Roster of 
Environmental Dispute Resolution and Consensus Building Professionals.) 
An agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.
    Background Information: U.S. Institute for Environmental Conflict 
Resolution. The U.S. Institute for Environmental Conflict Resolution 
was created in 1998 by the Environmental Policy and Conflict Resolution 
Act (Public Law 105-156). The U.S. Institute is a federal program 
established by the U.S. Congress to assist parties in resolving 
environmental, natural resource, and public lands conflicts. The 
Institute is part of the Morris K. Udall Foundation, an independent 
federal agency of the executive branch overseen by a board of trustees 
appointed by the President. The Institute serves as an impartial, non-
partisan institution providing professional expertise, services, and 
resources to all parties involved in such disputes, regardless of who 
initiates or pays for assistance. The Institute helps parties determine 
whether collaborative problem solving is appropriate for specific 
environmental conflicts, how and when to bring all the parties to the 
table, and whether a third-party facilitator or mediator might be 
helpful in assisting the parties in their efforts to reach consensus or 
to resolve the conflict. In addition, the Institute maintains the 
National Roster of ECR Practitioners, a roster of qualified 
facilitators and mediators with substantial experience in environmental 
conflict resolution, and can help parties in selecting an appropriate 
neutral. The Institute accomplishes most of its work by partnering, 
contracting with, or referral to, experienced practitioners.
    The Need for and Use of the Information Collected in the 
Application for the Roster of ECR Practitioners: Roster of ECR 
Practitioners Application: The application can be viewed on-line from 
the Institute's website: www.ecr.gov (simply register in the system to 
access and review an application). A hardcopy application may also be 
obtained from the Institute for those without web access. (See contact 
information above.)
    Background Information: The information collected in the 
application for the National Roster of ECR Practitioners is the basis 
for an on-line database, searchable by a combination of 10 criteria 
designed to locate appropriate practitioners by matching desired 
characteristics with the information in the application. The 
application was first available in September 1999 and remains available 
on a continuous basis. The Roster of ECR Practitioners first became 
operational in February 2000 with 60 members, and it currently includes 
over 200 members from 39 states, the District of Columbia, and two 
Canadian provinces. They represent a broad cross-section of 31 
different professional backgrounds and a broad distribution of case 
experience across 39 types of case issues. Each member has documented 
experience which meets the roster entry criteria, and each has 
experience as a neutral in some or all of the following: mediation, 
facilitation, consensus building, process design, conflict assessment, 
system design, neutral evaluation/fact finding, superfund allocation, 
and/or regulatory negotiation.
    The specific entry criteria and applicable definitions are 
available from the Institute's web site: www.ecr.gov. Generally stated, 
the entry criteria require that an applicant has:
    (1) Served as the lead neutral in a collaborative process (e.g., 
mediation, consensus building, conflict assessment) for at least 200 
case hours in two to ten environmental cases, and
    (2) Accumulated a total of 60 points across three categories: 
additional case experience and complex case experience; experience as a 
trainer or trainee; and substantive work/volunteer/educational 
experience in fields related to Alternative Dispute Resolution/
Environmental Conflict Resolution (ADR/ECR), such as law, science, 
public administration.
    Use of the National Roster of ECR Practitioners: The roster search 
and referral service is accessible through the Institute. The Institute 
uses the roster (specifically the information collected in the 
application) as a resource when making referrals to those searching for 
neutral ECR professionals with specific experience, backgrounds, or 
expertise (external referrals). The Institute also uses the roster as a 
resource when locating appropriate ECR neutral professionals with whom 
to partner/sub-contract for projects in which the Institute is involved 
(internal referrals). The roster referral system is enhanced through 
cooperation with existing programs and networks of environmental 
dispute-resolution and consensus-building practitioners familiar with 
the issues in their respective states and regions. Twenty-one ADR 
Specialists with the U.S. Environmental Protection Agency (EPA) also 
have direct, electronic access to search the roster. Next, it is 
anticipated that other federal agencies will gain direct access over 
the next year. Eventually, the roster will be available to the public 
through the internet.
    Federal agencies are not required to select from the roster. 
Professionals not on the roster remain fully eligible to serve as ECR 
practitioners in disputes involving federal agencies. Finally, being 
listed on the roster does not guarantee additional work for the 
practitioner.
    Development and Need for the National Roster of ECR Practitioners: 
The roster was developed with the support of EPA. Based on a 1997 study 
concerning the potential of a national roster of qualified 
practitioners, EPA decided to support the development of such a roster 
through the Institute.
    To develop the project, the EPA and the Institute brought together 
a work group consisting of EPA dispute resolution professionals and 
contracting officers, state dispute resolution officials, private 
dispute resolution practitioners and academics. Informed in part by 
ideas from this group, the EPA and the Institute proposed roster entry 
qualifications and draft application, which were published in the 
Federal Register in November 1998. Before the entry criteria and 
application were finalized, the comments received in response to the 
Federal Register notice were reviewed. Outreach continued through 
meetings and newsletter articles, as well as individual communications 
to professional associations, state and federal government agencies, 
dispute resolution firms, individual practitioners,

[[Page 36919]]

professional associations of attorneys, environmental and citizen 
groups.
    The roster was created, and continues to be needed, for several 
reasons. The use of ADR in the environmental and public policy arena 
has grown markedly over the last two decades. In this context, ADR 
processes now include techniques ranging from conflict prevention, such 
as consensus building and facilitation of public policy dialogues, to 
specific dispute resolution through assisted negotiations and 
mediation. The number of ECR practitioners has grown as the field has 
gained prominence and professionals from a variety of disciplines have 
become attracted to its advantages and opportunities.
    An essential step in any dispute resolution process occurs when 
parties select a practitioner. Parties making the selection rightfully 
expect that the practitioner will be qualified to provide the service 
sought and has experience and style matched well to the nature of the 
issues and to the parties. Thus, the Roster of ECR Practitioners is 
designed to advance the interests of the growing field of dispute 
resolution, reflect the evolving standards of best practice, and help 
direct the expenditure of public funds for quality services.
    Over the last fifteen years of using ADR, EPA found that parties to 
a dispute or controversy will generate a list of desired 
characteristics, such as experience with specific types of issues, 
cases or disputes, location, and other factors, that will be used in an 
attempt to identify the right person to assist them. Locating 
practitioners meeting these criteria can be a ``hit-or-miss'' 
experience depending on the resources, available time, and experience 
of the parties with locating appropriate neutrals.
    Although the EPA operates a national service contract that manages 
major cases through a list of experienced providers, it is limited in 
scope and membership, and as a consequence it can be burdensome to use 
for identifying neutrals for small or localized cases. Most other 
Federal agencies have no vehicle or information available to assist in 
this important first step to conducting a good dispute resolution 
process.
    More specifically, the National Roster of ECR Practitioners is 
necessary for the proper performance of the Institute's goals: to 
resolve Federal environmental disputes in a timely and constructive 
manner; to increase the appropriate use of environmental conflict 
resolution; to improve the ability of Federal agencies and other 
interested parties to engage in ECR effectively; and to promote 
collaborative problem-solving and consensus-building during the design 
and implementation of Federal environmental policies so as to prevent 
and reduce the incidence of future environmental disputes.
    In addition, the U.S. Institute's enabling legislation directs the 
Institute to work with practitioners located near the conflict whenever 
practical. Consistent with this mandate, the Institute must be able to 
identify appropriate experienced dispute resolution and conciseness 
building professionals in an efficient manner.
    Finally, the Administrative Dispute Resolution (``ADR'') Act of 
1996 (5 U.S.C. 571, et. seq.) authorizes the Federal government to 
contract with dispute resolution professionals (e.g., facilitators or 
mediators) to assist it and other parties to disputes or issues in 
controversy in reaching an agreement, settlement, or consensus. The ADR 
Act authorizes the government to take steps to make identifying and 
contracting with neutrals easier (cf. 5 U.S.C. 573(c)).
    Thus, the goal of the National Roster of ECR Practitioners and the 
referral system is to improve access to qualified environmental dispute 
resolution and consensus building professionals for the Institute and 
others sponsoring or engaging in environmental conflict resolution 
processes. The roster expedites the identification of appropriate 
professionals, shortens the time needed to complete contracting 
documents, and helps refer parties to practitioners, particularly 
practitioners in the locale of the dispute.
    More specifically, the roster and the referral system provide an 
efficient, credible and user-friendly source from which to 
systematically identify experienced environmental neutral 
professionals; increase the use of collaborative processes by providing 
a useful tool for locating appropriate practitioners; and provide users 
with a detailed Practitioner Profiles, reflecting information contained 
in the application, to be used as a helpful first step in the process 
of selecting an appropriate neutral.

E. Burden Statement

    The application compiles data available from the resumes of dispute 
resolution and consensus building professionals into a format that is 
standardized for efficient and fair eligibility review, database 
searches, and retrievals. A professional needs to complete the form 
only one time. Once the application is approved, the roster member has 
continual access to his or her on-line account to update information, 
on a voluntary basis. The burden includes time spent to review 
instructions, review resume information, and enter the information in 
the form.
    Likely Respondents: Environmental dispute resolution and consensus 
building professionals (new respondents); existing roster members (for 
updating).
    Proposed Frequency of Response: one, with voluntary updates 
approximately once per year.
    Estimated Number of New Respondents (first extension year): 30.
    Estimated Number of Existing Respondents--for updating (first 
extension year): 125.
    Estimated Number of New Respondents (per year for succeeding year): 
30.
    Estimated Number of Existing Respondents-for updating (per year for 
succeeding year): 125.
    Respondent Time Burden Estimates:
    Estimate Time per New Response: 150 minutes (2.5 hours).
    Estimated Number of Updates (per year): 1, for 125 existing 
respondents.
    Estimated Time for Update: 15 minutes.
    Estimated Total First Extension Year Burden: 4500 minutes (75 
hours) (30 new respondents), 1875 minutes (31.25 hours)(125 updates).
    Estimated Total Subsequent Year Annual Burden: 4500 minutes (75 
hours) (30 new respondents), 1875 minutes (31.25 hours)(125 updates).
    Respondent Cost Burden Estimates (at $150. per hour*):
    Capital or start-up costs: $0.
    Estimated Cost per Respondent (first extension year): $375 (new 
respondents), 38 (update).
    Estimated Cost per Respondent (subsequent year): $375 (new 
respondents), 38 (update).
    Estimated Total First Extension Year Burden: $11,250 (new 
respondents), $4,750 (updates).
    Estimated Total Subsequent Year annual Burden: $11,250 (new 
respondents), $4,750 (updates).
    * The actual cost estimate for this information collection may be 
less because this hourly rate is what is paid for services as a neutral 
and necessarily is set by the neutral to factor in time spent in the 
administration of the neutral's business and overhead costs. Indeed, 
fully burdened labor rates for ``professional specialty and technical'' 
occupations from Bureau of Labor Statistics tables indicate that an 
hourly rate as low as $36 may be appropriate.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a

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Federal agency. This includes the time needed to review instructions; 
develop, acquire, install, and utilize technology and systems for the 
purpose of collecting, validating, and verifying information, 
processing and maintaining information, and disclosing and providing 
information and transmitting information.

(Authority: 20 USC Sec. 5601-5609)
    Dated the 21st day of May, 2002.
Christopher L. Helms,
Executive Director, Morris K. Udall Foundation.
[FR Doc. 02-13201 Filed 5-24-02; 8:45 am]
BILLING CODE 6820-FN-P