I
105TH CONGRESS
1ST SESSION
H. R. 1381
To amend the Morris K. Udall Scholarship and Excellence in National Envi-
ronmental and Native American Public Policy Act of 1992 to establish
the United States Institute for Environmental Conflict Resolution to
conduct environmental conflict resolution and training, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 17, 1997
Mr. KOLBE (for himself and Mr. PASTOR) introduced the following bill; which
was referred to the Committee on Education and the Workforce
A BILL
To amend the Morris K. Udall Scholarship and Excellence
in National Environmental and Native American Public
Policy Act of 1992 to establish the United States Insti-
tute for Environmental Conflict Resolution to conduct
environmental conflict resolution and training, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Environmental Policy
and Conflict Resolution Act of 1997’’.
SEC. 2. DEFINITIONS.
Section 4 of the Morris K. Udall Scholarship and Ex-
cellence in National Environmental and Native American
Public Policy Act of 1992 (20 U.S.C. 5602) is amended—
(1) in paragraph (5), by striking ‘‘fund’’ and
inserting ‘‘Trust Fund’’;
(2) by redesignating paragraphs (5) and (7) as
paragraphs (9) and (8), respectively;
(3) by inserting after paragraph (4) the follow-
ing:
‘‘(5) the term ‘Institute’ means the United
States Institute for Environmental Conflict Resolu-
tion established pursuant to section 7(a)(1)(D);’’;
(4) in paragraph (6), by striking ‘‘and’’ at the
end;
(5) by inserting after paragraph (6) the follow-
ing:
‘‘(7) the term ‘Revolving Fund’ means the
United States Institute for Environmental Conflict
Resolution Revolving Fund established under section
10;’’;
(6) in paragraph (8) (as redesignated by para-
graph (2)), by striking the period at the end and in-
serting ‘‘; and’’; and
(7) in paragraph (9) (as redesignated by para-
graph (2)), by striking the semicolon at the end and
inserting a period.
SEC. 3. BOARD OF TRUSTEES.
Section 5(b) of the Morris K. Udall Scholarship and
Excellence in National Environmental and Native Amer-
ican Public Policy Act of 1992 (20 U.S.C. 5603(b)) is
amended—
(1) in the matter preceding paragraph (1) of
the second sentence, by striking ‘‘twelve’’ and insert-
ing ‘‘thirteen’’; and
(2) by adding at the end the following:
‘‘(7) The chairperson of the President’s Council
on Environmental Quality, who shall serve as a non-
voting, ex officio member and shall not be eligible to
serve as chairperson.’’.
SEC. 4. PURPOSE.
Section 6 of the Morris K. Udall Scholarship and Ex-
cellence in National Environmental and Native American
Public Policy Act of 1992 (20 U.S.C. 5604) is amended—
(1) in paragraph (4), by striking ‘‘an Environ-
mental Conflict Resolution’’ and inserting ‘‘Environ-
mental Conflict Resolution and Training’’;
(2) in paragraph (6), by striking ‘‘and’’ at the
end;
(3) in paragraph (7), by striking the period at
the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(8) establish as part of the Foundation the
United States Institute for Environmental Conflict
Resolution to assist the Federal government in im-
plementing section 101 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4331) by pro-
viding assessment, mediation, and other related serv-
ices to resolve environmental disputes involving
agencies and 
instrumentalities 
of 
the 
United
States.’’.
SEC. 5. AUTHORITY.
Section 7(a) of the Morris K. Udall Scholarship and
Excellence in National Environmental and Native Amer-
ican Public Policy Act of 1992 (20 U.S.C. 5605(a)) is
amended—
(1) in paragraph (1), by adding at the end the
following:
‘‘(D) The Foundation shall—
‘‘(i) establish the 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 deter-
mines appropriate to permit the Foundation to
provide assessment, mediation, training, and
other related services to resolve environmental
disputes.’’; and
(2) in paragraph (7), by inserting ‘‘and Train-
ing’’ after ‘‘Conflict Resolution’’.
SEC. 6. REVOLVING FUND.
(a) REDESIGNATION.—Sections 10 and 11 of the
Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Public Policy Act of
1992 (20 U.S.C. 5608, 5609) are redesignated as sections
12 and 13, respectively.
(b) REVOLVING FUND.—The Morris K. Udall Schol-
arship and Excellence in National Environmental and Na-
tive American Public Policy Act of 1992 (20 U.S.C. 5601
et seq.) (as amended by subsection (a)) is amended by in-
serting after section 9 the following:
‘‘SEC. 10. ENVIRONMENTAL CONFLICT RESOLUTION RE-
VOLVING FUND.
‘‘(a) ESTABLISHMENT.—There is established in the
Treasury of the United States a United States Institute
for Environmental Conflict Resolution Revolving Fund to
be administered by the Foundation. The Revolving Fund
shall consist of amounts appropriated to the Revolving
Fund under section 13(b) and amounts paid into the Re-
volving Fund under section 11.
‘‘(b) EXPENDITURES.—The Foundation shall expend
from the Revolving Fund such sums as the Board deter-
mines are necessary and appropriate to establish and oper-
ate the Institute, including such amounts as are necessary
for salaries, administration, the provision of mediation and
other services, and such other expenses as the Board de-
termines are reasonable and necessary.
‘‘(c) DISTINCTION FROM TRUST FUND.—The Re-
volving Fund shall be maintained separately from the
Trust Fund established under section 8.
‘‘(d) PROGRAM PRIORITIES.—The Revolving Fund
shall not be subject to section 7(c) or section 9.
‘‘(e) INVESTMENT OF AMOUNTS.—
‘‘(1) IN
GENERAL.—The Secretary of the
Treasury shall invest such portion of the Revolving
Fund as is not, in the judgment of the Secretary, re-
quired to meet current withdrawals. Investments
may be made only in interest-bearing obligations of
the United States.
‘‘(2) ACQUISITION OF OBLIGATIONS.—For the
purpose of investments under paragraph (1), obliga-
tions may be acquired—
‘‘(A) on original issue at the issue price; or
‘‘(B) by purchase of outstanding obliga-
tions at the market price.
‘‘(3) SALE
OF
OBLIGATIONS.—Any obligation
acquired by the Revolving Fund may be sold by the
Secretary of the Treasury at the market price.
‘‘(4) CREDITS TO FUND.—The interest on, and
the proceeds from the sale or redemption of, any ob-
ligations held in the Revolving Fund shall be cred-
ited to and form a part of the Revolving Fund.’’.
SEC. 7. USE OF THE INSTITUTE BY A FEDERAL AGENCY.
The Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Pol-
icy Act of 1992 (20 U.S.C. 5601 et seq.) (as amended
by section 6) is amended by inserting after section 10 the
following:
‘‘SEC. 11. USE OF THE INSTITUTE BY A FEDERAL AGENCY.
‘‘(a) AUTHORIZATION.—A Federal agency may use
the Foundation and the Institute to provide assessment,
mediation, or other related services in connection with a
dispute or conflict related to the environment, public
lands, or natural resources.
‘‘(b) PAYMENT.—
‘‘(1) IN
GENERAL.—A Federal agency may
enter into a contract and expend funds to obtain the
services of the Institute.
‘‘(2) PAYMENT
INTO
REVOLVING
FUND.—A
payment from an executive agency on a contract en-
tered into under paragraph (1) shall be paid into the
Revolving Fund.
‘‘(c) NOTIFICATION AND CONCURRENCE.—
‘‘(1) NOTIFICATION.—An agency or instrumen-
tality of the Federal Government shall notify the
chairperson of the President’s Council on Environ-
mental Quality before using the Foundation or the
Institute to provide the services described in sub-
section (a).
‘‘(2) NOTIFICATION
DESCRIPTIONS.—A notifi-
cation under paragraph (1) shall include a written
description of—
‘‘(A) the issues and parties involved;
‘‘(B) prior efforts, if any, undertaken by
the agency to resolve or address the issue or is-
sues; and
‘‘(C) other relevant information.
‘‘(3) CONCURRENCE.—In a case that involves a
dispute or disagreement between 2 or more agencies
or instrumentalities of the Federal Government (in-
cluding branches or divisions of a single agency or
instrumentality), an agency or instrumentality of the
Federal Government shall obtain the concurrence of
the chairperson of the President’s Council on Envi-
ronmental Quality before using the Foundation or
Institute to provide the services described in sub-
section (a).’’.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 13 of the Morris K. Udall
Scholarship and Excellence in National Environmental
and Native American Public Policy Act of 1992 (as redes-
ignated by section 6(a)) is amended—
(1) by striking ‘‘There are authorized to be ap-
propriated to the Fund’’ and inserting the following:
‘‘(a) TRUST FUND.—There are authorized to be ap-
propriated to the Trust Fund’’; and
(2) by adding at the end the following:
‘‘(b) REVOLVING FUND.—There are authorized to be
appropriated to the Revolving Fund $3,000,000 for fiscal
year 1998 and $2,100,000 for each of fiscal years 1999
through 2002.’’.
SEC. 9. CONFORMING AMENDMENTS.
(a) The second sentence of section 8(a) of the Morris
K. Udall Scholarship and Excellence in National Environ-
mental and Native American Public Policy Act of 1992
(20 U.S.C. 5606) is amended—
(1) by striking ‘‘fund’’ and inserting ‘‘Trust
Fund’’; and
(2) by striking ‘‘section 11’’ and inserting ‘‘sec-
tion 13(a)’’.
(b) Sections 7(a)(6), 8(b), and 9(a) of the Morris K.
Udall Scholarship and Excellence in National Environ-
mental and Native American Public Policy Act of 1992
(20 U.S.C. 5605(a)(6), 5606(b), 5607(a)) are each
amended by striking ‘‘Fund’’ and inserting ‘‘Trust Fund’’
each place it appears.
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