H. R. 3042—3
(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, administration, the provision of mediation and other
services, and such other expenses as the Board determines are
necessary.
‘‘(c) DISTINCTION FROM TRUST FUND.—The Fund shall be
maintained separately from the Trust Fund established 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.—Investments may be
made only in interest-bearing obligations of the United States.
‘‘(3) ACQUISITION
OF
OBLIGATIONS.—For the purpose of
investments under paragraph (1), obligations may be acquired—
‘‘(A) on original issue at the issue price; or
‘‘(B) by purchase of outstanding obligations 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 obligations 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 Founda-
tion 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 con-
tract 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 Environ-
mental Dispute Resolution Fund established under section 10.
‘‘(c) NOTIFICATION AND CONCURRENCE.—
H. R. 3042—4
‘‘(1) NOTIFICATION.—An agency or instrumentality of the
Federal Government shall notify the chairperson of the Presi-
dent’s Council on Environmental Quality when using the
Foundation or the Institute to provide the services described
in subsection (a).
‘‘(2) NOTIFICATION DESCRIPTIONS.—In a matter involving
two or more agencies or instrumentalities 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 instrumentalities with a
direct interest or involvement in the matter and a state-
ment that all Federal agencies or instrumentalities agree
to dispute resolution; and
‘‘(D) other relevant information.
‘‘(3) CONCURRENCE.—
‘‘(A) IN GENERAL.—In a matter that involves two or
more agencies or instrumentalities of the Federal Govern-
ment (including branches or divisions of a single agency
or instrumentality), the agencies or instrumentalities of
the Federal Government shall obtain the concurrence of
the chairperson of the President’s Council on Environ-
mental Quality before using the Foundation or Institute
to provide the services described in subsection (a).
‘‘(B) INDICATION
OF
CONCURRENCE
OR
NONCONCUR-
RENCE.—The chairperson of the President’s Council on
Environmental Quality shall indicate concurrence or non-
concurrence 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 divisions of a single agency or
instrumentality) that concern purely legal issues or mat-
ters, interpretation or determination of law, or enforcement
of law by one agency against another agency shall not
be submitted to the Foundation or Institute.
‘‘(B) APPLICABILITY.—Subparagraph (A) does not apply
to a dispute or conflict concerning—
‘‘(i) agency implementation of a program or project;
‘‘(ii) a matter involving two or more agencies with
parallel authority requiring facilitation and coordina-
tion of the various Government agencies; or
‘‘(iii) a nonlegal policy or decisionmaking matter
that involves two or more agencies that are jointly
operating a project.
‘‘(2) OTHER
MANDATED
MECHANISMS
OR
AVENUES.—A
dispute or conflict involving agencies or instrumentalities of
the Federal Government (including branches or divisions of
a single agency or instrumentality) for which Congress by law
has mandated another dispute resolution mechanism or avenue
to address or resolve shall not be submitted to the Foundation
or Institute.’’.
H. R. 3042—5
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 redesignated by section 6(a)) is
amended—
(1) by striking ‘‘There are authorized to be appropriated
to the Fund’’ and inserting the following:
‘‘(a) TRUST FUND.—There is authorized to be appropriated 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 Resolu-
tion 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 Environmental 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 ‘‘section 13(a)’’.
(b) Sections 7(a)(6), 8(b), and 9(a) of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5605(a)(6), 5606(b),
and 5607(a)) are each amended by striking ‘‘Fund’’ and inserting
‘‘Trust Fund’’ each place it appears.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.