III

105TH CONGRESS

1ST SESSION S. CON. RES. 66

To correct the enrollment of S. 399.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 8, 1997

Mr. MCCAIN submitted the following concurrent resolution; which was

considered and agreed to

CONCURRENT RESOLUTION

To correct the enrollment of S. 399.

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 sec-
2

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1 tion 6 of the bill): Strike subsection (c) and insert the fol2 lowing:

3 ‘‘(c) NOTIFICATION AND CONCURRENCE.—

4 ‘‘(1) NOTIFICATION.—An agency or instrumen5 tality of the Federal Government shall notify the

6 chairperson of the President’s Council on Environ7 mental Quality when using the Foundation or the

8 Institute to provide the services described in sub9 section (a).

10 ‘‘(2) NOTIFICATION DESCRIPTIONS.—In a mat11 ter involving 2 or more agencies or instrumentalities

12 of the Federal Government, notification under para13 graph (1) shall include a written description of—

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

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

16 the agency to resolve or address the issue or is17 sues;

18 ‘‘(C) all Federal agencies or instrumental19 ities with a direct interest or involvement in the

20 matter and a statement that all Federal agen21 cies or instrumentalities agree to dispute resolu22 tion; and

23 ‘‘(D) other relevant information.

24 ‘‘(3) CONCURRENCE.—
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1 ‘‘(A) IN GENERAL.—In a matter that in2 volves 2 or more agencies or instrumentalities

3 of the Federal Government (including branches

4 or divisions of a single agency or instrumental5 ity), the agencies or instrumentalities of the

6 Federal Government shall obtain the concur7 rence of the chairperson of the President’s

8 Council on Environmental Quality before using

9 the Foundation or Institute to provide the serv10 ices described in subsection (a).

11 ‘‘(B) INDICATION OF CONCURRENCE OR

12 NONCONCURRENCE.—The chairperson of the

13 President’s Council on Environmental Quality

14 shall indicate concurrence or nonconcurrence

15 under subparagraph (A) not later than 20 days

16 after receiving notice under paragraph (2).

17 ‘‘(d) EXCEPTIONS.—

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

19 ‘‘(A) IN GENERAL.—A dispute or conflict

20 involving agencies or instrumentalities of the

21 Federal Government (including branches or di22 visions of a single agency or instrumentality)

23 that concern purely legal issues or matters, in24 terpretation or determination of law, or enforce25 ment of law by 1 agency against another agency
4

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1 shall not be submitted to the Foundation or In2 stitute.

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

4 does not apply to a dispute or conflict concern5 ing—

6 ‘‘(i) agency implementation of a pro7 gram or project;

8 ‘‘(ii) a matter involving 2 or more

9 agencies with parallel authority requiring

10 facilitation and coordination of the various

11 government agencies; or

12 ‘‘(iii) a nonlegal policy or decision13 making matter that involves 2 or more

14 agencies that are jointly operating a

15 project.

16 ‘‘(2) OTHER MANDATED MECHANISMS OR AVE17 NUES.—A dispute or conflict involving agencies or

18 instrumentalities of the Federal Government (includ19 ing branches or divisions of a single agency or in20 strumentality) for which Congress by law has man21 dated another dispute resolution mechanism or ave22 nue to address or resolve shall not be submitted to

23 the Foundation or Institute.’’.

Æ