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[Senate Report 115-349]
[From the U.S. Government Publishing Office]

                                                     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 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.

                      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 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).''

                          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).

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           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.

    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 operations, 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 
appropriation 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 [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
          (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. [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] resolve environmental issues, 
        conflicts, and disputes involving agencies and 
        instrumentalities of the United States; and
          (9) complement the direction established by the 
        President in Executive Order No. 12988 (61 Fed. Reg. 
        4729; relating to civil justice reform).

           *       *       *       *       *       *       *

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.

           *       *       *       *       *       *       *

          (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.
          [(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).]
          [(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.

           *       *       *       *       *       *       *

    (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) [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 2019 through 
2024, of which--

           *       *       *       *       *       *       *

                                  [all]
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