Calendar No. 302
105TH CONGRESS
2D SESSION
H. R. 3042
To amend Morris K. Udall Scholarship and Excel-
lence in National Environmental 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.
JANUARY 28, 1998
Received; read twice and placed on the calendar
II
Calendar No. 302
105TH CONGRESS
2D SESSION
H. R. 3042
IN THE SENATE OF THE UNITED STATES
JANUARY 28, 1998
Received; read twice and placed on the calendar
AN ACT
To amend 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) by redesignating paragraphs (4), (5), (6),
and (7) as paragraphs (5), (9), (7), and (8), respec-
tively;
(2) by inserting after paragraph (3) the follow-
ing:
‘‘(4) the term ‘environmental dispute’ means a
dispute or conflict relating to the environment, pub-
lic lands, or natural resources;’’;
(3) by inserting after paragraph (5) (as redesig-
nated by paragraph (1)) the following:
‘‘(6) the term ‘Institute’ means the United
States Institute for Environmental Conflict Resolu-
tion established pursuant to section 7(a)(1)(D);’’;
(4) in paragraph (7) (as redesignated by para-
graph (1)), by striking ‘‘and’’ at the end;
(i)(II) to resolve environmental disputes,
the Foundation shall consider, to the maxi-
mum extent practicable, conflict resolution
providers within the geographic proximity
of the conflict.’’; and
(2) in paragraph (7), by inserting ‘‘and Train-
ing’’ after ‘‘Conflict Resolution’’.
SEC. 6. ENVIRONMENTAL DISPUTE RESOLUTION 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 of the Act, respectively.
(b) 
ENVIRONMENTAL
DISPUTE
RESOLUTION
FUND.—The Morris K. Udall Scholarship and Excellence
in National Environmental and Native American Public
Policy Act of 1992 (20 U.S.C. 5601 et seq.) (as amended
by subsection (a)) is amended by inserting after section
9 the following:
‘‘SEC. 10. ENVIRONMENTAL DISPUTE RESOLUTION FUND.
‘‘(a) ESTABLISHMENT.—There is established in the
Treasury of the United States an Environmental Dispute
Resolution Fund to be administered by the Foundation.
The Fund shall consist of amounts appropriated to the
Fund under section 13(b) and amounts paid into the Fund
under section 11.
‘‘(b) EXPENDITURES.—The Foundation shall expend
from the Fund such sums as the Board determines are
necessary to establish and operate the Institute, including
such amounts as are necessary for salaries, administra-
tion, the provision of mediation and other services, and
such other expenses as the Board determines are nec-
essary.
‘‘(c) DISTINCTION FROM TRUST FUND.—The Fund
shall be maintained separately from the Trust Fund estab-
lished under section 8.
‘‘(d) INVESTMENT OF AMOUNTS.—
‘‘(1) IN
GENERAL.—The Secretary of the
Treasury shall invest such portion of the Fund as is
not, in the judgment of the Secretary, required to
meet current withdrawals.
‘‘(2) 
INTEREST-BEARING
OBLIGATIONS.—In-
vestments may be made only in interest-bearing obli-
gations of the United States.
‘‘(3) 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.
‘‘(4) SALE
OF
OBLIGATIONS.—Any obligation
acquired by the Fund may be sold by the Secretary
of the Treasury at the market price.
‘‘(5) CREDITS TO FUND.—The interest on, and
the proceeds from the sale or redemption of, any ob-
ligations held in the Fund shall be credited to and
form a part of the Fund.’’.
SEC. 7. USE OF THE INSTITUTE BY A FEDERAL AGENCY.
The Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Policy 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 ENVIRONMENTAL DISPUTE
RESOLUTION FUND.—A payment from an executive
agency on a contract entered into under paragraph
(1) shall be paid into the Environmental Dispute
Resolution Fund established under section 10.
‘‘(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 when using the Foundation or the
Institute to provide the services described in sub-
section (a).
‘‘(2) NOTIFICATION DESCRIPTIONS.—In a mat-
ter involving two or more agencies or instrumental-
ities of the Federal Government, notification 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
issues;
‘‘(C) all Federal agencies or instrumental-
ities with a direct interest or involvement in the
matter and a statement that all Federal agen-
cies or instrumentalities agree to dispute resolu-
tion; and
‘‘(D) other relevant information.
‘‘(3) CONCURRENCE.—
‘‘(A) IN GENERAL.—In a matter that in-
volves two or more agencies or instrumentalities
of the Federal Government (including branches
or divisions of a single agency or instrumental-
ity), the agencies or instrumentalities of the
Federal Government shall obtain the concur-
rence of the chairperson of the President’s
Council on Environmental Quality before using
the Foundation or Institute to provide the serv-
ices described in subsection (a).
‘‘(B) INDICATION
OF
CONCURRENCE
OR
NONCONCURRENCE.—The chairperson of the
President’s Council on Environmental Quality
shall indicate concurrence or nonconcurrence
under subparagraph (A) not later than 20 days
after receiving notice under paragraph (2).
‘‘(d) EXCEPTIONS.—
‘‘(1) LEGAL ISSUES AND ENFORCEMENT.—
‘‘(A) IN GENERAL.—A dispute or conflict
involving agencies or instrumentalities of the
Federal Government (including branches or di-
visions of a single agency or instrumentality)
that concern purely legal issues or matters, in-
terpretation or determination of law, or enforce-
ment of law by one agency against another
agency shall not be submitted to the Founda-
tion or Institute.
‘‘(B) APPLICABILITY—Subparagraph (A)
does not apply to a dispute or conflict concern-
ing—
‘‘(i) agency implementation of a pro-
gram or project;
‘‘(ii) a matter involving two or more
agencies with parallel authority requiring
facilitation and coordination of the various
government agencies; or
‘‘(iii) a nonlegal policy or decision-
making matter that involves two or more
agencies that are jointly operating a
project.
‘‘(2) OTHER MANDATED MECHANISMS OR AVE-
NUES.—A dispute or conflict involving agencies or
instrumentalities of the Federal Government (includ-
ing branches or divisions of a single agency or in-
strumentality) for which Congress by law has man-
dated another dispute resolution mechanism or ave-
nue to address or resolve shall not be submitted to
the Foundation or Institute.’’.
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 is authorized to be appro-
priated to the Trust Fund’’; and
(2) by adding at the end the following:
‘‘(b) 
ENVIRONMENTAL
DISPUTE
RESOLUTION
FUND.—There are authorized to be appropriated to the
Environmental Dispute Resolution Fund established
under section 10—
‘‘(1) $4,250,000 for fiscal year 1998, of
which—
‘‘(A) $3,000,000 shall be for capitalization;
and
‘‘(B) $1,250,000 shall be for operation
costs; and
‘‘(2) $1,250,000 for each of the fiscal years
1999 through 2002 for operation costs.’’.
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.
Passed the House of Representatives November 13,
1997.
Attest:
ROBIN H. CARLE,
Clerk.