IIB 

111TH CONGRESS 

1ST SESSION H. R. 1035 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2009 

Received 

AUGUST 7, 2009 

Read twice and referred to the Committee on Environment and Public Works 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Morris K. Udall Schol3 arship and Excellence in National Environmental Policy 

4 Amendments Act of 2009’’. 

5 SEC. 2. SHORT TITLE. 

6 Section 1 of the Morris K. Udall Scholarship and Ex7 cellence in National Environmental and Native American 

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

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

10 ‘‘SECTION 1. SHORT TITLE. 

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

12 Stewart L. Udall Foundation Act’.’’. 

13 SEC. 3. FINDINGS. 

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

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

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

17 end; 

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

19 the end and inserting a semicolon; and 

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

21 ‘‘(5) the Foundation— 

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

23 scholarship, internship, and fellowship programs 

24 for areas of study related to the environment 

25 and Native American tribal policy and health 

26 care; 


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1 ‘‘(B) since 1999, has provided valuable en2 vironmental conflict resolution services and 

3 leadership through the United States Institute 

4 for Environmental Conflict Resolution; and 

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

6 substantial contribution toward public policy in 

7 the future by— 

8 ‘‘(i) playing a significant role in devel9 oping the next generation of environmental 

10 and Native American leaders; and 

11 ‘‘(ii) working with current leaders to 

12 improve decisionmaking on— 

13 ‘‘(I) challenging environmental, 

14 energy, and related economic prob15 lems; and 

16 ‘‘(II) tribal governance and eco17 nomic issues; 

18 ‘‘(6) Stewart L. Udall, as a member of Con19 gress, Secretary of the Interior, environmental law20 yer, and author, has provided distinguished national 

21 leadership in environmental and Native American 

22 policy for more than 50 years; 

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

24 1969, Stewart L. Udall oversaw the creation of 4 

25 national parks, 6 national monuments, 8 national 


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1 seashores and lakeshores, 9 recreation areas, 20 his2 toric sites, and 56 wildlife refuges; and 

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

4 of Stewart L. Udall in the areas of environmental 

5 and Native American policy be jointly honored with 

6 that of Morris K. Udall through the foundation 

7 bearing the Udall name.’’. 

8 SEC. 4. DEFINITIONS. 

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

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

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

12 Udall Scholarship and Excellence in National Envi13 ronmental Policy’’; 

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

15 and Excellence in National Environmental Policy’’ 

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

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

18 and Excellence in National Environmental Policy’’ 

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

20 SEC. 5. ESTABLISHMENT OF FOUNDATION. 

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

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

23 (1) in the section heading, by striking ‘‘SCHOL24 ARSHIP AND EXCELLENCE IN NATIONAL ENVIVerDate Nov 24 2008 21:23 Aug 07, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1035.RFS H1035

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1 RONMENTAL POLICY’’ and inserting ‘‘AND STEW2 ART L. UDALL’’; 

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

4 and Excellence in National Environmental Policy’’ 

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

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

7 specified for employees in level IV of the Executive 

8 Schedule under section 5315 of title 5, United 

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

10 the Board in accordance with section 5383 of title 

11 5, United States Code’’. 

12 SEC. 6. AUTHORITY OF FOUNDATION. 

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

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

15 (1) in subsection (a)(5)— 

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

17 ‘‘and’’ at the end; 

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

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

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

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

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

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

24 following: 


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

2 fellowships, and internships under this Act shall be known 

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

4 respectively.’’. 

5 SEC. 7. ESTABLISHMENT OF TRUST FUND. 

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

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

8 (1) in the section heading, by striking ‘‘SCHOL9 ARSHIP AND EXCELLENCE IN NATIONAL ENVI10 RONMENTAL POLICY’’ and inserting ‘‘AND STEW11 ART L. UDALL’’; and 

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

13 and Excellence in National Environmental Policy’’ 

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

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

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

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

18 inserting before the period at the end the following: ‘‘, in19 cluding a reasonable amount for official reception and rep20 resentation expenses, as determined by the Board, not to 

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


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

2 ENTITY. 

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

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

5 adding at the end the following: 

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

7 the Foundation or Institute to provide independent and 

8 impartial assessment, mediation, or other dispute or con9 flict resolution under this section shall not be considered 

10 to be the establishment or use of an advisory committee 

11 within the meaning of the Federal Advisory Committee 

12 Act (5 U.S.C. App.).’’. 

13 SEC. 10. ADMINISTRATIVE PROVISIONS. 

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

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

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

17 following: 

18 ‘‘(1)(A) appoint such personnel as may be nec19 essary to carry out the provisions of this Act, with20 out regard to the provisions of title 5, United States 

21 Code, governing appointments in the competitive 

22 service; and 

23 ‘‘(B) fix the compensation of the personnel ap24 pointed under subparagraph (A) at a rate not to ex25 ceed the maximum rate for employees in grade GS– 

26 15 of the General Schedule under section 5332 of 


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1 title 5, United States Code, except that up to 4 em2 ployees (in addition to the Executive Director under 

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

4 the Board in accordance with section 5383 of that 

5 title.’’; 

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

7 end; 

8 (3) by redesignating paragraph (7) as para9 graph (8); and 

10 (4) by inserting after paragraph (6) the fol11 lowing: 

12 ‘‘(7) to rent office space in the District of Co13 lumbia or its environs; and’’. 

14 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 13 of the Morris K. Udall and Stewart L. 

16 Udall Foundation Act (20 U.S.C. 5609) is amended— 

17 (1) in subsection (a), by striking ‘‘is authorized 

18 to be appropriated to the Trust Fund $40,000,000’’ 

19 and inserting ‘‘are authorized to be appropriated to 

20 the Trust Fund such sums as are necessary’’; and 

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

22 following: 

23 ‘‘(b) ENVIRONMENTAL DISPUTE RESOLUTION

24 FUND.—There are authorized to be appropriated to the 

25 Environmental Dispute Resolution Fund established 


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1 under section 10(a) such sums as are necessary for the 

2 operating costs of the Institute.’’. 

Passed the House of Representatives July 28, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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