105TH CONGRESS

1ST SESSION S. CON. RES. 66

CONCURRENT RESOLUTION

1 Resolved by the Senate (the House of Representatives

2 concurring), That in the enrollment of the bill (S. 399),

3 to amend the Morris K. Udall Scholarship and Excellence

4 in National Environmental and Native American Public

5 Policy Act of 1992 to establish the United States Institute

6 for Environmental Conflict Resolution to conduct environ7 mental conflict resolution and training, and for other pur8 poses, the Clerk of the Senate shall make the following

9 correction in section 10 of the Morris K. Udall Scholarship

10 and Excellence in National Environmental and Native

11 American Public Policy Act of 1992 (as amended by sec12 tion 6 of the bill): Strike subsection (c) and insert the fol13 lowing:

14 ‘‘(c) NOTIFICATION AND CONCURRENCE.—

15 ‘‘(1) NOTIFICATION.—An agency or instrumen16 tality of the Federal Government shall notify the

17 chairperson of the President’s Council on Environ18 mental Quality when using the Foundation or the
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1 Institute to provide the services described in sub2 section (a).

3 ‘‘(2) NOTIFICATION DESCRIPTIONS.—In a mat4 ter involving 2 or more agencies or instrumentalities

5 of the Federal Government, notification under para6 graph (1) shall include a written description of—

7 ‘‘(A) the issues and parties involved;

8 ‘‘(B) prior efforts, if any, undertaken by

9 the agency to resolve or address the issue or is10 sues;

11 ‘‘(C) all Federal agencies or instrumental12 ities with a direct interest or involvement in the

13 matter and a statement that all Federal agen14 cies or instrumentalities agree to dispute resolu15 tion; and

16 ‘‘(D) other relevant information.

17 ‘‘(3) CONCURRENCE.—

18 ‘‘(A) IN GENERAL.—In a matter that in19 volves 2 or more agencies or instrumentalities

20 of the Federal Government (including branches

21 or divisions of a single agency or instrumental22 ity), the agencies or instrumentalities of the

23 Federal Government shall obtain the concur24 rence of the chairperson of the President’s

25 Council on Environmental Quality before using
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1 the Foundation or Institute to provide the serv2 ices described in subsection (a).

3 ‘‘(B) INDICATION OF CONCURRENCE OR

4 NONCONCURRENCE.—The chairperson of the

5 President’s Council on Environmental Quality

6 shall indicate concurrence or nonconcurrence

7 under subparagraph (A) not later than 20 days

8 after receiving notice under paragraph (2).

9 ‘‘(d) EXCEPTIONS.—

10 ‘‘(1) LEGAL ISSUES AND ENFORCEMENT.—

11 ‘‘(A) IN GENERAL.—A disputes or conflict

12 involving agencies or instrumentalities of the

13 Federal Government (including branches or di14 visions of a single agency or instrumentality)

15 that concern purely legal issues or matters, in16 terpretation or determination of law, or enforce17 ment of law by 1 agency against another agency

18 shall not be submitted to the Foundation or In19 stitute.

20 ‘‘(B) APPLICABILITY.—Subparagraph (A)

21 this does not apply to a dispute or conflict con22 cerning—

23 ‘‘(i) agency implementation of a pro24 gram or project;
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1 ‘‘(ii) a matter involving 2 or more

2 agencies with parallel authority requiring

3 facilitation and coordination of the various

4 government agencies; or

5 ‘‘(iii) a nonlegal policy or decision6 making matter that involves 2 or more

7 agencies that are jointly operating a

8 project.

9 ‘‘(2) OTHER MANDATED MECHANISMS OR AVE10 NUES.—A dispute or conflict involving agencies or

11 instrumentalities of the Federal Government (includ12 ing branches or divisions of a single agency or in13 strumentality) for which Congress by law has man14 dated another dispute resolution mechanism or ave15 nue to address or resolve shall not be submitted to

16 the Foundation or Institute.’’.

Passed the Senate November 8, 1997.

Attest:

Secretary.
105TH CONGRESS

1ST SESSION S. CON. RES. 66

To correct the enrollment of S. 399.

CONCURRENT RESOLUTION