II 

116TH CONGRESS 

1ST SESSION S. 1345 

To amend and reauthorize the Morris K. Udall and Stewart L. Udall 

Foundation Act. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2019 

Mr. HEINRICH (for himself, Ms. SINEMA, Ms. MCSALLY, and Mr. ALEXANDER) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To amend and reauthorize the Morris K. Udall and Stewart 

L. Udall Foundation Act. 

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

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 

5 (1) Since 1999, the Morris K. Udall and Stew6 art L. Udall Foundation (referred to in this Act as 

7 the ‘‘Foundation’’) has operated the Parks in Focus 

8 program to provide opportunities for the youth of 

9 the United States to learn about and experience the 


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1 Nation’s parks and wilderness, and other outdoor 

2 areas. 

3 (2) Since 2001, the Foundation has conducted 

4 research and provided education and training to Na5 tive American and Alaska Native professionals and 

6 leaders on Native American and Alaska Native 

7 health care issues and tribal public policy through 

8 the Native Nations Institute for Leadership, Man9 agement, and Policy. 

10 (3) The Foundation is committed to continuing 

11 to make a substantial contribution toward public 

12 policy in the future by— 

13 (A) playing a significant role in developing 

14 the next generation of environmental, public 

15 health, public lands, natural resource, and Na16 tive American leaders; and 

17 (B) working with current leaders to im18 prove collaboration and decision-making on 

19 challenging environmental, energy, public 

20 health, and related economic problems and trib21 al governance and economic development issues. 

22 SEC. 2. DEFINITIONS. 

23 (a) IN GENERAL.—Section 4 of the Morris K. Udall 

24 and Stewart L. Udall Foundation Act (20 U.S.C. 5602) 

25 is amended— 


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1 (1) in paragraph (2), by striking ‘‘the Udall 

2 Center for Studies in Public Policy established at 

3 the University of Arizona in 1987’’ and inserting 

4 ‘‘the Udall Center for Studies in Public Policy estab5 lished in 1987 at the University of Arizona, and in6 cludes the Native Nations Institute’’; 

7 (2) by redesignating paragraphs (3) through 

8 (7), (8), and (9) as paragraphs (4) through (8), 

9 (11), and (12), respectively; 

10 (3) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) the term ‘collaboration’ means to work in 

13 partnership with other entities for the purpose of— 

14 ‘‘(A) resolving disputes; 

15 ‘‘(B) addressing issues that may cause or 

16 result in disputes; or 

17 ‘‘(C) streamlining and enhancing Federal, 

18 State, or tribal environmental and natural re19 source decision-making processes or procedures 

20 that may result in a dispute or conflict;’’; 

21 (4) in paragraph (7), as redesignated by para22 graph (2)— 

23 (A) by striking ‘‘United States Institute 

24 for Environmental Conflict Resolution’’ and in25 serting ‘‘John S. McCain III United States InVerDate Sep 11 2014 23:35 May 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1345.IS S1345

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1 stitute for Environmental Conflict Resolution’’; 

2 and 

3 (B) by striking ‘‘section 7(a)(1)(D)’’ and 

4 inserting ‘‘section 7(a)(1)(B)’’; 

5 (5) in paragraph (8), as redesignated by para6 graph (2), by striking ‘‘section 1201(a)’’ and insert7 ing ‘‘section 101(a)’’; and 

8 (6) by inserting after paragraph (8), as redesig9 nated by paragraph (2), the following: 

10 ‘‘(9) the term ‘Nation’s parks and wilderness’ 

11 means units of the National Park System and com12 ponents of the National Wilderness Preservation 

13 System; 

14 ‘‘(10) the term ‘Native Nations Institute’ 

15 means the Native Nations Institute for Leadership, 

16 Management, and Policy established at the Univer17 sity of Arizona in 2001;’’. 

18 (b) CONFORMING AMENDMENT.—Section 3(5)(B) of 

19 the Morris K. Udall and Stewart L. Udall Foundation Act 

20 (20 U.S.C. 5601(5)(B)) is amended by striking ‘‘the 

21 United States Institute for Environmental Conflict Reso22 lution’’ and inserting ‘‘the Institute’’. 


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1 SEC. 3. ESTABLISHMENT OF MORRIS K. UDALL AND STEW2 ART L. UDALL FOUNDATION. 

3 Section 5(e) of the Morris K. Udall and Stewart L. 

4 Udall Foundation Act (20 U.S.C. 5603(e)) is amended by 

5 striking ‘‘Arizona.’’ and inserting ‘‘Arizona and the Dis6 trict of Columbia.’’. 

7 SEC. 4. PURPOSE OF THE FOUNDATION. 

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

9 Udall Foundation Act (20 U.S.C. 5604) is amended— 

10 (1) in paragraph (4), by striking ‘‘establish a 

11 Program for Environmental Policy Research and 

12 Environmental Conflict Resolution and Training at 

13 the Center’’ and inserting ‘‘establish a program for 

14 environmental policy research at the Center and a 

15 program for environmental conflict resolution and 

16 training at the John S. McCain III United States 

17 Institute for Environmental Conflict Resolution’’; 

18 (2) in paragraph (5), by inserting ‘‘, natural re19 source, conflict resolution,’’ after ‘‘environmental’’; 

20 (3) in paragraph (7)— 

21 (A) by inserting ‘‘at the Native Nations In22 stitute’’ after ‘‘develop resources’’; and 

23 (B) by inserting ‘‘providing education to 

24 and’’ after ‘‘policy, by’’; and 

25 (4) in paragraph (8)— 


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1 (A) by inserting ‘‘John S. McCain III’’ be2 fore ‘‘United States Institute for Environmental 

3 Conflict Resolution’’; and 

4 (B) by striking ‘‘resolve environmental’’ 

5 and inserting ‘‘resolve environmental issues, 

6 conflicts, and’’. 

7 SEC. 5. AUTHORITY OF THE 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)— 

11 (A) in paragraph (1)— 

12 (i) by striking subparagraphs (A) 

13 through (C) and inserting the following: 

14 ‘‘(A) GENERAL PROGRAMMING AUTHOR15 ITY.—The Foundation is authorized to identify 

16 and conduct, directly or by contract, such pro17 grams, activities, and services as the Founda18 tion considers appropriate to carry out the pur19 poses described in section 6, which may in20 clude— 

21 ‘‘(i) awarding scholarships, fellow22 ships, internships, and grants, by national 

23 competition or other method, to eligible in24 dividuals, as determined by the Foundation 

25 and in accordance with paragraphs (2), 


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1 (3), and (4), for study in fields related to 

2 the environment or Native American and 

3 Alaska Native health care and tribal policy; 

4 ‘‘(ii) funding the Center to carry out 

5 and manage other programs, activities, and 

6 services; and 

7 ‘‘(iii) other education programs that 

8 the Board determines are consistent with 

9 the purposes for which the Foundation is 

10 established.’’; 

11 (ii) by redesignating subparagraph 

12 (D) as subparagraph (B); and 

13 (iii) in subparagraph (B), as redesig14 nated— 

15 (I) in the subparagraph heading, 

16 by striking ‘‘INSTITUTE FOR ENVI17 RONMENTAL CONFLICT RESOLUTION’’ 

18 and inserting ‘‘JOHN S. MCCAIN III

19 UNITED STATES INSTITUTE FOR ENVI20 RONMENTAL CONFLICT RESOLUTION’’; 

21 (II) in clause (i)— 

22 (aa) in subclause (I), by in23 serting ‘‘John S. McCain III’’ be24 fore ‘‘United States Institute for 


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1 Environmental Conflict Resolu2 tion’’; and 

3 (bb) in subclause (II)— 

4 (AA) by inserting ‘‘col5 laboration,’’ after ‘‘medi6 ation,’’; and 

7 (BB) by striking ‘‘to 

8 resolve environmental dis9 putes.’’ and inserting the 

10 following: ‘‘to resolve— 

11 ‘‘(aa) environmental dis12 putes; and 

13 ‘‘(bb) Federal, State, or 

14 tribal environmental or natural 

15 resource decision-making proc16 esses or procedures that may re17 sult in a dispute or conflict that 

18 may cause or result in disputes.’’; 

19 and 

20 (III) in clause (ii), by inserting 

21 ‘‘collaboration,’’ after ‘‘mediation,’’; 

22 (B) by striking paragraph (5); 

23 (C) by redesignating paragraphs (6) and 

24 (7) as paragraphs (7) and (8), respectively; 


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1 (D) by inserting after paragraph (4) the 

2 following: 

3 ‘‘(5) PARKS IN FOCUS.—The Foundation 

4 shall— 

5 ‘‘(A) identify and invite the participation 

6 of youth throughout the United States to enjoy 

7 the Nation’s parks and wilderness and other 

8 outdoor areas, in an education program in9 tended to carry out the purpose of paragraphs 

10 (1) and (2) of section 6; and 

11 ‘‘(B) provide training and education pro12 grams and activities to teach Federal employ13 ees, natural resource professionals, elementary 

14 and secondary school educators, and others to 

15 work with youth to promote the use and enjoy16 ment of the Nation’s parks and wilderness and 

17 other outdoor areas. 

18 ‘‘(6) SPECIFIC PROGRAMS.—The Foundation 

19 shall assist in the development and implementation 

20 of programs at the Center— 

21 ‘‘(A) to provide for an annual meeting of 

22 experts to discuss contemporary environmental 

23 issues; 

24 ‘‘(B) to conduct environmental policy re25 search; and 


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1 ‘‘(C) to promote dialogue with visiting pol2 icymakers on environmental, natural resource, 

3 and public lands issues.’’; 

4 (E) in paragraph (7), as redesignated by 

5 subparagraph (C), by striking ‘‘Morris K. 

6 Udall’s papers’’ and inserting ‘‘the papers of 

7 Morris K. Udall and Stewart L. Udall’’; and 

8 (F) by adding at the end the following: 

9 ‘‘(9) NATIVE NATIONS INSTITUTE.—The Foun10 dation shall provide direct or indirect assistance to 

11 the Native Nations Institute from the annual appro12 priations to the Trust Fund in such amounts as 

13 Congress may direct to conduct research and provide 

14 education and training to Native American and 

15 Alaska Native professionals and leaders on Native 

16 American and Alaska Native health care issues and 

17 tribal public policy issues as provided in section 

18 6(7).’’; 

19 (2) by striking subsection (c) and inserting the 

20 following: 

21 ‘‘(c) PROGRAM PRIORITIES.— 

22 ‘‘(1) IN GENERAL.—The Foundation shall de23 termine the priority of the programs to be carried 

24 out under this Act and the amount of funds to be 

25 allocated for such programs from the funds earned 


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1 annually from the interest derived from the invest2 ment of the Trust Fund, subject to paragraph (2). 

3 ‘‘(2) LIMITATIONS.—In determining the amount 

4 of funds to be allocated for programs carried out 

5 under this Act for a year— 

6 ‘‘(A) not less than 50 percent of such an7 nual interest earnings shall be utilized for the 

8 programs set forth in paragraphs (2), (3), (4), 

9 and (5) of subsection (a); 

10 ‘‘(B) not more than 17.5 percent of such 

11 annual interest earnings shall be allocated for 

12 salaries and other administrative purposes; and 

13 ‘‘(C) not less than 20 percent of such an14 nual interest earnings shall be appropriated to 

15 the Center for activities under paragraphs (7) 

16 and (8) of subsection (a).’’; and 

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

18 ‘‘(d) DONATIONS.—Any funds received by the Foun19 dation in the form of donations or grants, as well as any 

20 unexpended earnings on interest from the Trust Fund 

21 that is carried forward from prior years— 

22 ‘‘(1) shall not be included in the calculation of 

23 the funds available for allocations pursuant to sub24 section (c); and 


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1 ‘‘(2) shall be available to carry out the provi2 sions of this Act as the Board determines to be nec3 essary and appropriate.’’. 

4 SEC. 6. USE OF INSTITUTE BY FEDERAL AGENCY OR OTHER 

5 ENTITY. 

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

7 Udall Foundation Act (20 U.S.C. 5607b) is amended— 

8 (1) in subsection (a)— 

9 (A) by inserting ‘‘collaboration,’’ after 

10 ‘‘mediation,’’; and 

11 (B) by striking ‘‘resources.’’ and inserting 

12 ‘‘resources, or with a Federal, State, or tribal 

13 process or procedure that may result in a dis14 pute or conflict.’’; and 

15 (2) in subsection (c)(2)(C), by inserting ‘‘medi16 ation, collaboration, and’’ after ‘‘agree to’’. 

17 SEC. 7. ADMINISTRATIVE PROVISIONS. 

18 Section 12 of the Morris K. Udall and Stewart L. 

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

20 (1) in subsection (a)— 

21 (A) in paragraph (4), by striking ‘‘accept, 

22 hold, administer, and utilize gifts’’ and insert23 ing ‘‘accept, hold, solicit, administer, and utilize 

24 donations, grants, and gifts’’; and 


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1 (B) in paragraph (7), by striking ‘‘in the 

2 District of Columbia or its environs’’ and in3 serting ‘‘in the District of Columbia and Tuc4 son, Arizona, or their environs’’; and 

5 (2) in subsection (b), by striking ‘‘, with the ex6 ception of paragraph (4),’’. 

7 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 13(b) of the Morris K. Udall and Stewart L. 

9 Udall Foundation Act (20 U.S.C. 5609(b)) is amended by 

10 striking ‘‘fiscal years 2004 through 2008’’ and inserting 

11 ‘‘fiscal years 2020 through 2023’’. 

12 SEC. 9. AUDIT OF THE FOUNDATION. 

13 Not later than 2 years after the date of enactment 

14 of this Act, the Inspector General of the Department of 

15 the Interior shall conduct an audit of the Morris K. Udall 

16 and Stewart L. Udall Foundation. 

Æ 


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