89–010 

Calendar No. 578 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–349 

TO AMEND THE MORRIS K. UDALL AND STEWART L. 

UDALL FOUNDATION ACT 

NOVEMBER 13, 2018.—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. 2827] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred the bill (S. 2827) to amend the Morris K. Udall and Stewart L. Udall Foundation Act, having considered the same, reports 

favorably thereon with an amendment in the nature of a substitute 

and recommends that the bill, as amended, 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 

2 

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. 2827, a bill to amend the Morris K. Udall and Stewart L. 

Udall Foundation Act, authorizes appropriations of $4,000,000 annually through fiscal year 2024 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. 

A substitute amendment was proposed and accepted during Committee consideration of S. 2827. The substitute amendment modified the name of the Institute to the ‘‘John S. McCain III United 

States Institute for Environmental Conflict Resolution’’ to honor 

Senator McCain’s legacy and contributions to the Udall Foundation. In addition, in the underlying legislation, S. 2827, a change 

was proposed to increase the amount of allowable administrative 

costs. The substitute amendment modified this proposed increase of 

administrative costs from the existing statutory ceiling of 15 percent to 17.5 percent, instead of the 20 percent proposed to be authorized to cover such costs in S. 2827 as introduced. 

OBJECTIVES OF THE LEGISLATION

The bill authorizes appropriations of $4,000,000 annually 

through fiscal year 2024 for the Environmental Dispute Resolution 

Fund to provide funding for the Institute, renames the Institute 

the ‘‘John S. McCain III United States Institute for Environmental 

Conflict Resolution’’ to honor Senator McCain’s legacy and contributions to the Udall Foundation, increases the Trust Fund allocation limit for administrative expenses to help support mission activities, and makes several changes to the existing statutory language to clarify the authority of the Udall Foundation, among other 

objectives. 

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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. 

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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 2019 

through 2024. 

LEGISLATIVE HISTORY

On May 10, 2018, Senators Heinrich and McCain introduced S. 

2827, a bill to amend the Morris K. and Stewart L. Udall Foundation Act. The bill was read twice and referred to the Senate Committee on Environment and Public Works. Senators Alexander and 

Kyl are 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. 

HEARINGS

No legislative hearings were held by the Committee on Environment and Public Works to consider S. 2827. 

ROLLCALL VOTES

On September 18, 2018, the Committee on Environment and 

Public Works met to consider S. 2827. The bill was ordered favorably reported by voice vote with an amendment in the nature of a 

substitute. 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. 2827 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. 2827 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform 

Act (UMRA).’’ 

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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, October 22, 2018. 

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. 2827, a bill to amend 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, 

KEITH HALL, 

Director. 

Enclosure. 

S. 2827—A bill to amend the Morris K. Udall and Stewart L. Udall 

Foundation Act 

Summary: S. 2827 would amend the Morris K. Udall and Stewart L. Udall Foundation Act and reauthorize the appropriation of 

funds for the Environmental Dispute Resolution Fund and the 

Morris K. Udall and Stewart L. Udall Trust Fund. CBO estimates 

that implementing the bill would cost $30 million over the 2019– 

2023 period and an additional $15 million over the subsequent five 

years. That spending would be subject to appropriation of the estimated amounts. 

The trust fund invests its balances in Treasury obligations, and 

the interest from those investments is available without further appropriation to support the fund’s activities. Enacting S. 2827 would 

increase the amounts available for investment and thus increase 

the interest the trust fund earns and spends. CBO estimates that 

direct spending would total $2 million over the 2019–2028 period; 

therefore, pay-as-you-go procedures apply. The bill would not affect 

revenues. 

CBO estimates that enacting S. 2827 would not increase net direct spending or on-budget deficits by more than $5 billion in any 

of the four consecutive 10-year periods beginning in 2029. 

S. 2827 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary effects of S. 2827 are shown in the following table. The costs 

of the legislation fall within budget functions 300 (natural resources and the environment) and 500 (education, training, employment, and social services). 

6 

By fiscal year, in millions of dollars— 

2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2019–2023 2019–2028 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Environmental Dispute Resolution Fund: 

Authorization Level ........................................................ 4 4 4 4 4 4 0 0 0 0 20 24 Estimated Outlays ......................................................... 2 4 4 4 4 4 2 0 0 0 18 24 

Morris K. Udall and Stewart L. Udall Trust Fund: 

Estimated Authorization Level ...................................... 2 2 2 2 2 2 2 2 2 2 10 21 Estimated Outlays ......................................................... 2 2 2 2 2 2 2 2 2 2 10 21 Total: 

Estimated Authorization Level ............................. 6 6 6 6 6 6 2 2 2 2 30 45 Estimated Outlays ................................................ 4 6 6 6 6 6 4 2 2 2 28 45 

INCREASES IN DIRECT SPENDING 

Estimated Budget Authority ................................................... * * * * * * * * * * 1 2 Estimated Outlays .................................................................. * * * * * * * * * * 1 2 

Components may not sum to totals because of rounding; * = between zero and $500,000. 

7 

Basis of estimate: The Morris K. Udall and Stewart L. Udall 

Foundation is an independent agency of the executive branch. 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 authorizations 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 2018 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. 2827 would authorize the appropriation of $30 million over the 2019–2023 period and an additional $15 million over the subsequent five years. Implementing the bill’s provisions would cost $45 million over the 2019–2028 period, CBO estimates. 

Environmental Dispute Resolution Fund. Appropriations for the 

EDRF are used to support the annual operations of the U.S. Institute for Environmental Conflict Resolution. From 2019 through 

2024, S. 2827 would authorize the annual appropriation of $3 million to pay operating costs and $1 million to pay for services to support federal and nonfederal entities in environmental conflict resolution proceedings involving federal agencies. CBO estimates that 

implementing those provisions would cost $18 million over the 

2019–2023 period. The Congress appropriated $3 million for the 

EDRF for 2019. 

Trust Fund. Appropriations to the trust fund are invested in 

Treasury obligations, with some of the appropriated funds transferred during the year to support the Native Nations Institute for 

Leadership, Management, and Policy. The rest of the appropriation 

remains in the fund and the annual interest credited to the fund 

is available to support various scholarship and fellowship programs. 

S. 2827 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 authorizes 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. 2827 

would permanently authorize the appropriation of such sums as 

may be necessary. 

The Congress appropriated $2 million to the trust fund to invest 

in Treasury obligations for fiscal year 2018. Assuming appropriation of a similar amount for 2019, 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– 

2023 period and that outlays would total the same amount over 

that period. 

Direct spending 

CBO estimates that enacting S. 2827 would increase direct 

spending by $2 million over the 2019–2028 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 operVerDate Sep 11 2014 05:14 Nov 18, 2018 Jkt 089010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR349.XXX SR349
8 

ations, the institute provides services to and receives payments 

from federal and nonfederal entities, which are treated as reductions in direct spending. The institute can then spend those payments on additional activities without further appropriation. However, CBO expects that those payments are likely to be spent shortly after they are collected, so enacting S. 2827 would result in a 

negligible net effect on direct spending by the EDRF. 

Trust Fund. The bill would authorize additional appropriations, 

which the trust fund would invest in Treasury obligations. The interest earned would be used for 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. 2827 would authorize the appro- priation of $21 million over the 2019–2028 period for the trust fund 

to invest in Treasury obligations. Based on CBO’s projections of interest rates, the trust fund would earn, and subsequently spend, an 

additional $2 million over the 2019–2028 period. 

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. 2827 would increase direct spending by an insignificant amount in each fiscal year from 2019 to 2028 and by $2 

million over the 2019–2028 period, as shown in the table at the top 

of page 2. 

Increase in long-term direct spending and deficits: CBO estimates that enacting S. 2827 would not increase net direct spending 

or on-budget deficits by more than $5 billion in any of the four consecutive 10-year periods beginning in 2029. 

Mandates: S. 2827 contains no intergovernmental or private-sector mandates as defined in UMRA. 

Estimate prepared by: Federal costs: Justin Humphrey and Robert Reese; Mandates: Zachary Byrum. 

Estimate reviewed by: Kim P. Cawley, Chief, Natural and Physical Resources Cost Estimates Unit; Sheila Dacey, Chief, Income 

Security and Education Cost Estimates Unit; H. Samuel 

Papenfuss, Deputy Assistant Director for Budget Analysis; Theresa 

Gullo, 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 øblack 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. ø20 U.S.C. 5601 note¿ SHORT TITLE. 

This Act may be cited as the ‘‘Morris K. Udall and Stewart L. 

Udall Foundation Act’’. 

* * * * * * * 

9 

SEC. 3. ø20 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 øthe United States 

Institute for Environmental Conflict Resolution¿ the Institute; 

and 

(C) is committed to continue making a substantial contribution toward public policy in the future by— 

(i) playing a significant role in developing the next generation of environmental and Native American leaders; 

* * * * * * * 

SEC. 4. ø20 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 øthe 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; 

ø(3)¿ (4) the term ‘‘eligible individual’’ means a citizen or national of the United States or a permanent resident alien of the 

United States; 

ø(4)¿ (5) the term ‘‘environmental dispute’’ means a dispute 

or conflict relating to the environment, public lands, or natural 

resources; 

ø(5)¿ (6) the term ‘‘Foundation’’ means the Morris K. Udall 

and Stewart L. Udall Foundation established under section 

5(a); 

ø(6)¿ (7) the term ‘‘Institute’’ means the øUnited States Institute for Environmental Conflict Resolution¿ John S. McCain 

III United States Institute for Environmental Conflict Resolution established pursuant to øsection 7(a)(1)(D)¿ section 

7(a)(1)(B); 

ø(7)¿ (8) the term ‘‘institution of higher education’’ has the 

same meaning given to such term by øsection 1201(a)¿ section 

101(a) of the Higher Education Act of 1965; 

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(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; 

ø(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 

ø(9)¿ (12) the term ‘‘Trust Fund’’ means the Morris K. Udall 

and Stewart L. Udall Trust Fund established in section 8. 

* * * * * * * 

SEC. 5. ø20 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, øArizona¿ Arizona and the District of Columbia. 

* * * * * * * 

SEC. 6. ø20 U.S.C. 5604¿ PURPOSE OF THE FOUNDATION. 

It is the purpose of the Foundation to— 

(1) * * * 

* * * * * * * 

(4) øestablish 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 øresolve environmental¿ resolve environmental 

issues, conflicts, and disputes involving agencies and instrumentalities of the United States; and 

11 

(9) complement the direction established by the President in 

Executive Order No. 12988 (61 Fed. Reg. 4729; relating to civil 

justice reform). 

* * * * * * * 

SEC. 7. ø20 U.S.C. 5605¿ AUTHORITY OF THE FOUNDATION. 

(a) AUTHORITY OF THE FOUNDATION.— 

(1) IN GENERAL.—ø(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. 

ø(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. 

ø(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. 

ø(D)¿ (B) øInstitute 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, 

12 

and other related services øto 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. 

* * * * * * * 

(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. 

ø(5) GRANTS.—The Foundation shall award grants to the 

Center— 

ø(A) to provide for an annual panel of experts to discuss 

contemporary environmental issues; 

ø(B) to conduct environmental policy research; 

ø(C) to conduct research on Native American and Alaska 

Native health care issues and tribal public policy issues; 

ø(D) for visiting policymakers to share the practical experiences of such for visiting policymakers with the Foundation; and 

ø(E) to conduct training, research, and other activities 

under section 6(7).¿ 

ø(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 

øMorris 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. 

13 

ø(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). 

* * * * * * * 

ø(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. 

* * * * * * * 

14 

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 øresources.¿ resources, or with a Federal, State, or tribal process or procedure that 

may result in a dispute or conflict. 

* * * * * * * 

(c) NOTIFICATION AND CONCURRENCE.— 

(1) NOTIFICATION.— * * * 

* * * * * * * 

(2) NOTIFICATION DESCRIPTIONS.— * * * 

* * * * * * * 

(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)(A) * * * 

* * * * * * * 

(4) øaccept, 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 øin 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 shallø, 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 øfiscal 

years 2004 through 2008¿ fiscal years 2019 through 2024, of 

which— 

* * * * * * * 

Æ