[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Pages 50420-50423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16985]


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MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL 
POLICY FOUNDATION


The United States Institute for Environmental Conflict 
Resolution; Agency Information Collection Activities; Extension of 
Currently Approved Information Collection; Comment Request; U.S. 
Institute for Environmental Conflict Resolution Application for the 
National Roster of Environmental Dispute Resolution and Consensus 
Building Professionals

AGENCY: Morris K. Udall Scholarship and Excellence in National 
Environmental Policy Foundation, U.S. Institute for Environmental 
Conflict Resolution.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act and supporting 
regulations, this document announces that the U.S. Institute for 
Environmental Conflict Resolution (the Institute), part of the Morris 
K. Udall Foundation, is submitting to the Office of Management and 
Budget (OMB) a request for an extension for the currently approved 
information collection (ICR), OMB Control Number 3320-0008: Application 
for the National Roster of Environmental Dispute Resolution and 
Consensus Building Professionals (``National Roster of ECR 
Practitioners'' or ``roster''), currently operating pursuant to OMB 
clearance issued October 17, 2002 and which expires October 31, 2005. 
The Institute published a Federal Register notice on June 20, 2005 (70 
FR 35457-35460), to solicit public comments for a 60-day period. The 
Institute received one comment seeking clarification of the roster 
members' ``neutrality''. The Institute provided a responsive 
explanation. The comment did not relate to the application which the 
subject of this ICR; thus, no changes were made to the application. The 
purpose of this notice is to allow an additional 30 days for public 
comments regarding this information collection.

DATES: Comments must be submitted on or before September 26, 2005.

ADDRESSES: Direct comments to: Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB). Attention: Keith 
Belton, 725 17th Street, NW., Washington, DC 20503, Desk Officer for 
the Morris K. Udall Scholarship and Excellence in National 
Environmental Policy Foundation, U.S. Institute for Environmental 
Conflict Resolution; <a href="/cdn-cgi/l/email-protection#335851565f475c5d735c5e511d565c431d545c45"><span class="__cf_email__" data-cfemail="a9c2cbccc5ddc6c7e9c6c4cb87ccc6d987cec6df">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
copy of the ICR, contact Joan C. Calcagno, Roster Manager, U.S. 
Institute for Environmental Conflict Resolution, 130 South Scott Ave., 
Tucson, Arizona 85701. Fax: 520-670-5530. Phone: 520-670-5299. E-mail: 
<a href="/cdn-cgi/l/email-protection#cfbda0bcbbaabd8faaacbde1a8a0b9"><span class="__cf_email__" data-cfemail="b2c0ddc1c6d7c0f2d7d1c09cd5ddc4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

A. Title for the Collection of Information

    Application for National Roster of Environmental Dispute Resolution 
and Consensus Building Professionals (``National Roster of ECR 
Practitioners'').

B. Potentially Affected Persons

    You are potentially affected by this action if you are a dispute 
resolution or consensus building professional in the environmental or 
natural resources field who wishes to be listed on the National Roster 
of Environmental Dispute

[[Page 50421]]

Resolution and Consensus Building Professionals.

C. Questions To Consider in Making Comments

    The U.S. Institute for Environmental Conflict Resolution requests 
your comments to any of the following questions related to collecting 
information for the extension of the Application for the National 
Roster of ECR Practitioners:
    (1) Is the continued use of the application (``collection of 
information'') necessary for the proper performance of the functions of 
the agency, including whether the information has practical utility?
    (2) Is the agency's estimate of the time spent completing the 
application (``burden of the proposed collection of information'') 
accurate, including the validity of the methodology and assumptions 
used?
    (3) Can you suggest ways to enhance the quality, utility, and 
clarity of the information collected?
    (4) Can you suggest ways to minimize the burden of the collection 
of information on those who are to respond, including through the use 
of appropriate automated electronic, mechanical, or other technological 
collection techniques or other forms of information technology?

D. Abstract

    The U.S. Institute for Environmental Conflict Resolution plans to 
continue collecting information from environmental dispute resolution 
and consensus building neutral professionals who desire to become 
members of the National Roster of ECR Practitioners, from which the 
Institute and those involved in environmental, natural resource, or 
public lands disputes may locate providers of neutral services. 
Responses to the collection of information (the application) are 
voluntary, but required to obtain a benefit (listing on the National 
Roster of Environmental Dispute Resolution and Consensus Building 
Professionals). An agency may not conduct or sponsor, and a person is 
not required to respond to, a collection of information unless it 
displays a currently valid OMB control number.

Background Information: U.S. Institute for Environmental Conflict 
Resolution

    The U.S. Institute for Environmental Conflict Resolution was 
created in 1998 by the Environmental Policy and Conflict Resolution Act 
(Pub. L. 105-156). The U.S. Institute is a Federal program established 
by the U.S. Congress to assist parties in resolving environmental, 
natural resource, and public lands conflicts. The Institute is part of 
the Morris K. Udall Foundation, an independent Federal agency of the 
executive branch overseen by a board of trustees appointed by the 
President. The Institute serves as an impartial, non-partisan 
institution providing professional expertise, services, and resources 
to all parties involved in such disputes, regardless of who initiates 
or pays for assistance. The Institute helps parties determine whether 
collaborative problem solving is appropriate for specific environmental 
conflicts, how and when to bring all the parties to the table, and 
whether a third-party facilitator or mediator might be helpful in 
assisting the parties in their efforts to reach consensus or to resolve 
the conflict. In addition, the Institute maintains the National Roster 
of ECR Practitioners, a roster of qualified facilitators and mediators 
with substantial experience in environmental conflict resolution, and 
can help parties in selecting an appropriate neutral. The Institute 
accomplishes most of its work by partnering, contracting with, or 
referral to, experienced practitioners.

The Need for and Use of the Information Collected in the Application 
for the Roster of ECR Practitioners

    Roster of ECR Practitioners Application: The application can be 
viewed on-line from the Institute's Web site: http://www.ecr.gov 
(simply register in the application system to access and review an 
application). A hardcopy application may also be obtained from the 
Institute for those without Web access (see contact information above).
    Background Information: The information collected in the 
application for the National Roster of ECR Practitioners is the basis 
for an on-line database searchable by a combination of 10 criteria 
designed to locate appropriate practitioners by matching desired 
characteristics with the information in the application. The 
application was first available in September 1999 and remains available 
on a continuous basis. The Roster of ECR Practitioners first became 
operational in February 2000 with 60 members and currently includes 
over 255 members from 41 states, the District of Columbia, and 2 
Canadian provinces. They represent a broad cross-section of 
professional backgrounds and a broad distribution of case experience 
across 42 types of case issues. Each member has documented experience 
which meets the roster entry criteria, and each has experience as a 
neutral in some or all of the following: mediation, facilitation, 
consensus building, process design, conflict assessment, system design, 
neutral evaluation/fact finding, superfund allocation, and/or 
regulatory negotiation.
    The specific entry criteria and applicable definitions are 
available from the Institute's Web site: http://ecr.gov/roster.htm. 
Generally stated, the entry criteria require that an applicant has:
    (1) Served as the lead neutral in a collaborative process (e.g., 
mediation, consensus building, conflict assessment) for at least 200 
case hours in two to ten environmental cases, and
    (2) accumulated a total of 60 points across three categories: 
Additional case experience and complex case experience; experience as a 
trainer or trainee; and substantive work/volunteer/educational 
experience in fields related to Alternative Dispute Resolution/
Environmental Conflict Resolution, such as law, science, public 
administration.
    Use of the National Roster of ECR Practitioners: The roster search 
and referral service has been accessible through the Institute since 
February 2000. The Institute uses the roster (specifically the 
information collected in the application) as a resource when making 
referrals to those searching for neutral ECR professionals with 
specific experience, backgrounds, or expertise (external referrals). 
The Institute also uses the roster as a resource when locating 
appropriate ECR neutral professionals with whom to partner/sub-contract 
for projects in which the Institute is involved (internal referrals), 
pursuant to the Institute's statutory direction to work with 
practitioners located near the dispute, when practicable and 
appropriate. The roster referral system is enhanced through cooperation 
with existing programs and networks of environmental dispute-resolution 
and consensus-building practitioners familiar with the issues in their 
respective States and regions.
    In October 2004, the roster became directly available on the Web to 
anyone interested in locating ECR practitioners. Since then, anyone 
interested in locating ECR practitioners can contact the Institute for 
a referral through the Roster Manager or register in the search system 
and search the roster themselves. The Roster Manager remains available 
to assist searchers in getting the best use of the roster search and to 
provide advice about next steps.
    The Environmental Protection Agency (EPA) Alternative Dispute 
Resolution (ADR) personnel have had direct, electronic access to search 
the roster since February 2000. The Department of Interior Office of 
Collaborative Action and Dispute Resolution and ADR

[[Page 50422]]

personnel from various DOI bureaus have had direct access since 
November 2002. Roster Members have also had direct access to the search 
since May 2004. Statistics related to the use of the roster since 
February 2000 can be found in the Roster Program Overview, available 
from: http://ecr.gov/roster/progsumm.html.
    Federal agencies are not required to select from the roster. 
Professionals not on the roster remain fully eligible to serve as ECR 
practitioners in disputes involving Federal agencies. Finally, being 
listed on the roster does not guarantee additional work for the 
practitioner.
    Development and Need for the National Roster of ECR Practitioners: 
The roster was developed with the support of the Environmental 
Protection Agency. Based on a 1997 study concerning the potential of a 
national roster of qualified practitioners, EPA decided to support the 
development of such a roster through the Institute.
    To develop the project, the EPA and the Institute brought together 
a work group consisting of EPA dispute resolution professionals and 
contracting officers, State dispute resolution officials, private 
dispute resolution practitioners and academics. Informed in part by 
ideas from this group, the EPA and the Institute proposed roster entry 
qualifications and draft application, which were published in the 
Federal Register in November 1998. Before the entry criteria and 
application were finalized, the comments received in response to the 
Federal Register notice were reviewed. Outreach continued through 
meetings and newsletter articles, as well as individual communications 
to professional associations, State and Federal Government agencies, 
dispute resolution firms, individual practitioners, professional 
associations of attorneys, environmental and citizen groups.
    The roster was created, and continues to be needed, for several 
reasons. The use of Alternative Dispute Resolution in the environmental 
and public policy arena has grown markedly over the last two decades. 
In this context, ADR processes now include techniques ranging from 
conflict prevention, such as consensus building and facilitation of 
public policy dialogues, to specific dispute resolution through 
assisted negotiations and mediation. The number of environmental 
conflict resolution (ECR) practitioners has grown as the field has 
gained prominence and professionals from a variety of disciplines have 
become attracted to its advantages and opportunities.
    An essential step in any dispute resolution process occurs when 
parties select a practitioner. Parties making the selection rightfully 
expect that the practitioner will be qualified to provide the service 
sought and has experience and style matched well to the nature of the 
issues and to the parties. Thus, the National Roster of ECR 
Practitioners is designed to advance the interests of the growing field 
of dispute resolution, reflect the evolving standards of best practice, 
and help direct the expenditure of public funds for quality services.
    In fifteen years of using ADR, before the creation of the National 
Roster of ECR Practitioners, EPA found that parties to a dispute or 
controversy generated a list of desired characteristics, such as 
experience with specific types of issues, cases or disputes, location, 
and other factors, that they would use in an attempt to identify the 
right person to assist them. Locating practitioners meeting these 
criteria was often a ``hit-or-miss'' experience depending on the 
resources, available time, and experience of the parties with locating 
appropriate neutrals.
    Although the EPA operates a national service contract that manages 
major cases through a list of experienced providers, it is limited in 
scope and membership, and as a consequence it can be burdensome to use 
to identify neutrals for small or localized cases. Most other Federal 
agencies have no vehicle or information available to assist in this 
important first step to conducting a good dispute resolution process.
    More specifically, the National Roster of ECR Practitioners is 
necessary for the proper performance of the Institute's goals: to 
resolve Federal environmental disputes in a timely and constructive 
manner; to increase the appropriate use of environmental conflict 
resolution; to improve the ability of Federal agencies and other 
interested parties to engage in ECR effectively; and to promote 
collaborative problem-solving and consensus-building during the design 
and implementation of Federal environmental policies so as to prevent 
and reduce the incidence of future environmental disputes.
    In addition, the U.S. Institute's enabling legislation directs the 
Institute to work with practitioners located near the conflict whenever 
practical. Consistent with this mandate, the Institute must be able to 
identify appropriate experienced dispute resolution and consensus 
building professionals in an efficient manner.
    Finally, the Administrative Dispute Resolution (ADR) Act of 1996 (5 
U.S.C. 571 et seq.) authorizes the Federal government to contract with 
dispute resolution professionals (e.g., facilitators or mediators) to 
assist it and other parties to disputes in reaching an agreement, 
settlement, or consensus. The ADR Act authorizes the government to take 
steps to make identifying and contracting with neutrals easier (cf. 5 
U.S.C. 573(c)).
    Thus, the goal of the National Roster of ECR Practitioners and the 
referral system is to improve access to qualified environmental dispute 
resolution and consensus building professionals for the Institute and 
others sponsoring or engaging in environmental conflict resolution 
processes. The roster expedites the identification of appropriate 
professionals, shortens the time needed to complete contracting 
documents, and helps refer parties to practitioners, particularly 
practitioners in the locale of the dispute.
    The roster and the referral system provide an efficient, credible 
and user-friendly source from which to systematically identify 
experienced environmental neutral professionals; increase the use of 
collaborative processes by providing a useful tool for locating 
appropriate practitioners; and provide users with detailed Practitioner 
Profiles, reflecting information contained in the application, to be 
used as a helpful first step in the process of selecting an appropriate 
neutral.

E. Burden Statement

    The application compiles data available from the resumes of dispute 
resolution and consensus building professionals into a format that is 
standardized for efficient and fair eligibility review, database 
searches, and retrievals. A professional needs to complete the form 
only one time. Once the application is approved, the roster member has 
continual access to his or her on-line account to update information, 
on a voluntary basis. The burden includes time spent to review 
instructions, review resume information, and enter the information in 
the form.
    Likely Respondents: Environmental dispute resolution and consensus 
building professionals (new respondents); existing roster members (for 
updating).
    Proposed Frequency of Response: one, with voluntary updates 
approximately once per year.
    Estimated Number of New Respondents (first extension year): 30.
    Estimated Number of Existing Respondents--for updating (first 
extension year): 125.

[[Page 50423]]

    Estimated Number of New Respondents (per year for succeeding year): 
30.
    Estimated Number of Existing Respondents--for updating (per year 
for succeeding year): 125.
    Respondent Time Burden Estimates:
    Estimated Time per New Response: 150 minutes (2.5 hours).
    Estimated Number of Updates (per year): 1, for 125 existing 
respondents.
    Estimated Time for Update: 15 minutes.
    Estimated Total First Extension Year Burden: 4500 minutes (75 
hours) (30 new respondents); 1875 minutes (31.25 hours) (125 updates).
    Estimated Total Subsequent Year Annual Burden: 4500 minutes (75 
hours) (30 new respondents); 1875 minutes (31.25 hours) (125 updates).
    Respondent Cost Burden Estimates (at $150. per hour \*\ ): No 
capital or start-up costs.
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    \*\ The actual cost estimate for this information collection may 
be less because this hourly rate is what is paid for services as a 
neutral and necessarily is set by the neutral to factor in time 
spent in the administration of the neutral's business and overhead 
costs. Indeed, fully burdened labor rates for ``professional 
specialty and technical'' occupations from Bureau of Labor 
Statistics tables indicate that an hourly rate as low as $36 may be 
appropriate.
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    Estimated Cost per Respondent (first extension year): $375 (new 
respondents); $38 (updates).
    Estimated Cost per Respondent (subsequent year): $375 (new 
respondents); $38 (updates).
    Estimated Total First Extension Year Burden: $11,250 (new 
respondents); $4,750 (updates).
    Estimated Total Subsequent Year Annual Burden: $11,250 (new 
respondents); $4,750 (updates).
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purpose of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information and transmitting information.

    Authority: 20 U.S.C. 5601-5609.

    Dated the 22nd day of August 2005.
Christopher L. Helms,
Executive Director, Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Foundation, and Federal Register Liaison 
Officer.
[FR Doc. 05-16985 Filed 8-25-05; 8:45 am]
BILLING CODE 6820-FN-P


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