II 

111TH CONGRESS 

1ST SESSION S. 1818 

To amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to honor 

the legacy of Stewart L. Udall, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2009 

Mr. BINGAMAN (for himself and Mr. MCCAIN) introduced the following bill; 

which was read twice, considered, read the third time, and passed 

AN ACT 

To amend the Morris K. Udall Scholarship and Excellence 

in National Environmental and Native American Public 

Policy Act of 1992 to honor the legacy of Stewart L. 

Udall, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Morris K. Udall Schol5 arship and Excellence in National Environmental Policy 

6 Amendments Act of 2009’’. 


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1 SEC. 2. SHORT TITLE. 

2 Section 1 of the Morris K. Udall Scholarship and Ex3 cellence in National Environmental and Native American 

4 Public Policy Act of 1992 (20 U.S.C. 5601 note; Public 

5 Law 102–259) is amended to read as follows: 

6 ‘‘SECTION 1. SHORT TITLE. 

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

8 Stewart L. Udall Foundation Act’.’’. 

9 SEC. 3. FINDINGS. 

10 Section 3 of the Morris K. Udall and Stewart L. 

11 Udall Foundation Act (20 U.S.C. 5601) is amended— 

12 (1) in paragraph (3), by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph (4), by striking the period at 

15 the end and inserting a semicolon; and 

16 (3) by adding at the end the following: 

17 ‘‘(5) the Foundation— 

18 ‘‘(A) since 1995, has operated exceptional 

19 scholarship, internship, and fellowship programs 

20 for areas of study related to the environment 

21 and Native American tribal policy and health 

22 care; 

23 ‘‘(B) since 1999, has provided valuable en24 vironmental conflict resolution services and 

25 leadership through the United States Institute 

26 for Environmental Conflict Resolution; and 


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1 ‘‘(C) is committed to continue making a 

2 substantial contribution toward public policy in 

3 the future by— 

4 ‘‘(i) playing a significant role in devel5 oping the next generation of environmental 

6 and Native American leaders; and 

7 ‘‘(ii) working with current leaders to 

8 improve decisionmaking on— 

9 ‘‘(I) challenging environmental, 

10 energy, and related economic prob11 lems; and 

12 ‘‘(II) tribal governance and eco13 nomic issues; 

14 ‘‘(6) Stewart L. Udall, as a member of Con15 gress, Secretary of the Interior, environmental law16 yer, and author, has provided distinguished national 

17 leadership in environmental and Native American 

18 policy for more than 50 years; 

19 ‘‘(7) as Secretary of the Interior from 1961 to 

20 1969, Stewart L. Udall oversaw the creation of 4 

21 national parks, 6 national monuments, 8 national 

22 seashores and lakeshores, 9 recreation areas, 20 his23 toric sites, and 56 wildlife refuges; and 

24 ‘‘(8) it is fitting that the leadership and vision 

25 of Stewart L. Udall in the areas of environmental 


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1 and Native American policy be jointly honored with 

2 that of Morris K. Udall through the foundation 

3 bearing the Udall name.’’. 

4 SEC. 4. DEFINITIONS. 

5 Section 4 of the Morris K. Udall and Stewart L. 

6 Udall Foundation Act (20 U.S.C. 5602) is amended— 

7 (1) in paragraph (1), by striking ‘‘Morris K. 

8 Udall Scholarship and Excellence in National Envi9 ronmental Policy’’; 

10 (2) in paragraph (5), by striking ‘‘Scholarship 

11 and Excellence in National Environmental Policy’’ 

12 and inserting ‘‘and Stewart L. Udall’’; and 

13 (3) in paragraph (9), by striking ‘‘Scholarship 

14 and Excellence in National Environmental Policy’’ 

15 and inserting ‘‘and Stewart L. Udall’’. 

16 SEC. 5. ESTABLISHMENT OF FOUNDATION. 

17 Section 5 of the Morris K. Udall and Stewart L. 

18 Udall Foundation Act (20 U.S.C. 5603) is amended— 

19 (1) in the section heading, by striking ‘‘SCHOL20 ARSHIP AND EXCELLENCE IN NATIONAL ENVI21 RONMENTAL POLICY’’ and inserting ‘‘AND STEW22 ART L. UDALL’’; 

23 (2) in subsection (a), by striking ‘‘Scholarship 

24 and Excellence in National Environmental Policy’’ 

25 and inserting ‘‘and Stewart L. Udall’’; and 


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1 (3) in subsection (f)(2), by striking ‘‘the rate 

2 specified for employees in level IV of the Executive 

3 Schedule under section 5315 of title 5, United 

4 States Code’’ and inserting ‘‘a rate determined by 

5 the Board in accordance with section 5383 of title 

6 5, United States Code’’. 

7 SEC. 6. AUTHORITY OF FOUNDATION. 

8 Section 7 of the Morris K. Udall and Stewart L. 

9 Udall Foundation Act (20 U.S.C. 5605) is amended— 

10 (1) in subsection (a)(5)— 

11 (A) in subparagraph (C), by striking 

12 ‘‘and’’ at the end; 

13 (B) in subparagraph (D), by striking the 

14 period at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(E) to conduct training, research, and 

17 other activities under section 6(7).’’; and 

18 (2) by striking subsection (b) and inserting the 

19 following: 

20 ‘‘(b) UDALL SCHOLARS.—Recipients of scholarships, 

21 fellowships, and internships under this Act shall be known 

22 as ‘Udall Scholars’, ‘Udall Fellows’, and ‘Udall Interns’, 

23 respectively.’’. 


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1 SEC. 7. ESTABLISHMENT OF TRUST FUND. 

2 Section 8 of the Morris K. Udall and Stewart L. 

3 Udall Foundation Act (20 U.S.C. 5606) is amended— 

4 (1) in the section heading, by striking ‘‘SCHOL5 ARSHIP AND EXCELLENCE IN NATIONAL ENVI6 RONMENTAL POLICY’’ and inserting ‘‘AND STEW7 ART L. UDALL’’; and 

8 (2) in subsection (a), by striking ‘‘Scholarship 

9 and Excellence in National Environmental Policy’’ 

10 and inserting ‘‘and Stewart L. Udall’’. 

11 SEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND. 

12 Section 9(a) of the Morris K. Udall and Stewart L. 

13 Udall Foundation Act (20 U.S.C. 5607(a)) is amended by 

14 inserting before the period at the end the following: ‘‘, in15 cluding a reasonable amount for official reception and rep16 resentation expenses, as determined by the Board, not to 

17 exceed $5,000 for a fiscal year’’. 

18 SEC. 9. USE OF INSTITUTE BY FEDERAL AGENCY OR OTHER 

19 ENTITY. 

20 Section 11 of the Morris K. Udall and Stewart L. 

21 Udall Foundation Act (20 U.S.C. 5607b) is amended by 

22 adding at the end the following: 

23 ‘‘(f) AGENCY MANAGEMENT OR CONTROL.—Use of 

24 the Foundation or Institute to provide independent and 

25 impartial assessment, mediation, or other dispute or con26 flict resolution under this section shall not be considered 


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1 to be the establishment or use of an advisory committee 

2 within the meaning of the Federal Advisory Committee 

3 Act (5 U.S.C. App.).’’. 

4 SEC. 10. ADMINISTRATIVE PROVISIONS. 

5 Section 12(a) of the Morris K. Udall and Stewart L. 

6 Udall Foundation Act (20 U.S.C. 5608(a)) is amended— 

7 (1) by striking paragraph (1) and inserting the 

8 following: 

9 ‘‘(1)(A) appoint such personnel as may be nec10 essary to carry out the provisions of this Act, with11 out regard to the provisions of title 5, United States 

12 Code, governing appointments in the competitive 

13 service; and 

14 ‘‘(B) fix the compensation of the personnel ap15 pointed under subparagraph (A) at a rate not to ex16 ceed the maximum rate for employees in grade GS– 

17 15 of the General Schedule under section 5332 of 

18 title 5, United States Code, except that up to 4 em19 ployees (in addition to the Executive Director under 

20 section 5(f)(2)) may be paid at a rate determined by 

21 the Board in accordance with section 5383 of that 

22 title.’’; 

23 (2) in paragraph (6), by striking ‘‘and’’ at the 

24 end; 


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1 (3) by redesignating paragraph (7) as para2 graph (8); and 

3 (4) by inserting after paragraph (6) the fol4 lowing: 

5 ‘‘(7) to rent office space in the District of Co6 lumbia or its environs; and’’. 

Æ 


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