Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992
PL 102-259 (S.2184), enacted 03/19/1992

106 STAT. 78 
PUBLIC LAW 102-259—MAR. 19, 1992 
Public Law 102-259 
^ 
102d Congress 
An Act 
Mar. 19,1992 
To establish the Morris K. Udall Scholarship and Excellence in National Environ-
[S. 2184] 
mental Policy Foundation, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
Morris K. Udall the United States of 
America in Congress assembled. 
Scholarship and 
Excellence in 
SECTION 1. SHORT TITLE. 
Environmental 
This Act may be cited as the "Morris K Udall Scholarship and 
and Native 
Excellence in National Environmental and Native American Public 
American Public PoHcy Act of 1992". 
Policy Act of 
*' 
oA^T^Tooc^, 
SEC. 2. REPEAL OF PREVIOUS LEGISLATION. 
note. 
The Morris K. Udall Scholarship and Excellence in National 
20 use 5601 
Environmental Policy Act, S. 1176, One Hundred Second Congress, 
^ 
is hereby repealed. 
20 u s e 5601. 
SEC. 3. FINDINGS. 
The Confess finds that— 
(1) for three decades. Congressman Morris K. Udall has 
served his country with distinction and honor; 
(2) Congressman Morris K Udall has had a lasting impact 
on this Nation's environment, public lands, and natural 
resources, and has instilled in this Nation's youth a love of 
the air, land, and water; 
(3) Congressman Morris K Udall has been a champion of 
the rights of Native Americans and Alaska Natives and has 
used his leadership in the Congress to strengthen tribal self-
governance; and 
(4) it is a fitting tribute to the leadership, courage, and 
vision Congressman Morris K. Udall exemplifies to establish 
in his name programs to encourage the continued use, enjoy-
ment, education, and exploration of our Nation's rich and 
bountiful natural resources. 
20 u s e 5602. 
SEC. 4. DEFINITIONS. 
For the purposes of this Act— 
(1) the term "Board" means the Board of Trustees of the 
Morris K. Udall Scholarship and Excellence in National 
Environmental Policy Foundation established under section 
5(b); 
(2) the term ''Center" means the Udall Center for Studies 
in Public PoliQr established at the University of Arizona in 
1987; 
(3) the term "eligible individual" means a citizen or national 
of the United States or a permanent resident alien of the 
United States; 
(4) the term ''Foundation" means the Morris K Udall Scholar-
ship and Excellence in National Environmental Policy Founda-
tion established under section 5(a); 
PUBLIC LAW 102-259—MAR. 19, 1992 
106 STAT. 79 
(5) the term "fund" means the Morris K Udall Scholarship 
and Excellence in National Environmental Policy Trust Fund 
established in section 8; 
(6) the term "institution of higher education" has the same 
meaning given to such term by section 1201(a) of the Higher 
Education Act of 1965; and 
(7) the term "State" means each of the several States, the 
District of Columbia, Guam, the Virgin Islands, AmericEin 
Samoa, the Commonwealth of the Northern Mariana Islands, 
the Republic of the Marshall Islands, the Federal States of 
Micronesia, and the Republic of Palau (imtil the Compact of 
Free Association is ratified). 
SEC. 6. ESTABLISHMENT OP THE MORRIS K. UDALL SCHOLARSHIP 20 USC 5603. 
AND EXCELLENCE IN NATIONAL ENVIRONMENTAL POL-
ICY FOUNDATION. 
(a) ESTABLISHMENT.—There is established as an independent 
entity of the executive branch of the United States Government, 
the Morris K, Udall Scholarship and Excellence in National 
Environmental Policy Foundation. 
(h) BOARD OF TRUSTEES.—The Foundation shall be subject to President, 
the supervision and direction of the Board of Trustees. The Board 
shall be comprised of twelve trustees, eleven of whom shall be 
voting members of the Board, as follows: 
(1) Two Trustees, shall be appointed by the President, with 
the advice and consent of the Senate, after considering the 
recommendation of the Speaker of the House of Rep-
resentatives, in consultation with the Minority Leader of the 
House of Representatives. 
(2) Two iS'ustees, shall be appointed by the President, with 
the advice and consent of the Senate, aft«r considering the 
recommendation of the President pro tempore of the Senate, 
in consultation with the M^ority and Minority Leaders of 
the Senate. 
(3) Five Trustees, not more than three of whom shall be 
of the same political party, shall be appointed by the President 
with the advice and consent of the Senate, who have shown 
leadership and interest in— 
(A) the continued use, enjoyment, education, and explo-
ration of our Nation's rich and bountiful natural resources, 
such as presidents of major foundations involved with the 
environment; or 
(B) in the improvement of the health status of Native 
Americans and Alaska Natives and in strengthening tribal 
self-governance, such as tribal leaders involved in health 
and public policy development affecting Native American 
and Alaska Native communities. 
(4) The Secretary of the Interior, or the Secretary's designee, 
who shall serve as a voting ex officio member of the Board 
but shall not be eligible to serve as Chairperson. 
(5) The Secretary of Education, or the Secretary's designee, 
who shall serve as a voting ex officio member of the Board 
but shall not be eligible to serve as Chairperson. 
(6) The President of the University of Arizona shall serve 
as a nonvoting, ex officio member and shall not be eligible 
to serve as chairperson. 
(c) TERM OF OFFICE.— 
106 STAT. 80 
PUBLIC LAW 102-259—MAR. 19, 1992 
(1) IN GENERAL.—^The term of office of each member of the 
Board shall be six years, except that— 
(A) in the case of the Trustees first taking offices— 
(i) as designated by the President, one Trustee 
appointed pursuant to section 5(b)(2) and two trustees 
appointed pursuant to section 5(b)(3) shall each serve 
two years; and 
(ii) as designated by the President, one Trustee 
appointed pursuant to section 5(b)(1) and two Trustees 
appointed pursuant to section 5(b)(3) shall each serve 
four years; and 
(iii) as designated by the President, one Trustee 
appointed pursuant to section 5(b)(1), one Trustee 
appointed pursuant to section 5(b)(2), and one Trustee 
appointed pursuant to section 5(b)(3) shall each serve 
six years; and 
(B) a Trustee appointed to fill a vacancy shall serve 
for the remainder of the term for which the Trustee's 
predecessor was appointed and shall be appointed in the 
same manner as the original appointment for that vacancy 
was made. 
(d) TRAVEL AND SUBSISTENCE PAY.—Trustees shall serve without 
pay, but shall be entitled to reimbursement for travel, subsistence, 
and other necessary expenses incurred in the performance of their 
duties as members of the Board. 
Arizona. 
(g) LOCATION OF FOUNDATION.—The Foundation shall be located 
in Tucson, Arizona. 
(f) EXECUTIVE DIRECTOR.— 
(1) IN GENERAL.—^There shall be an Executive Director of 
the Foundation who shall be appointed by the Board. The 
Executive Director shall be the chief executive officer of the 
Foundation and shall carry out the functions of the Foundation 
subject to the supervision and direction of the Board. The 
Executive Director shall carry out such other functions consist-
ent with the provisions of this Act as the Board shall prescribe. 
(2) COMPENSATION.—The Executive Director of the Founda-
tion shall be compensated at the rate specified for employees 
in level IV of the Executive Schedule under section 5315 of 
title 5, United States Code. 
20 use 5604. 
SEC. 6. PURPOSE OF THE FOUNDATION. 
It is the purpose of the Foundation to— 
(1) increase awareness of the importance of and promote 
the benefit and enjoyment of the Nation's natural resources; 
(2) foster among the American population greater recognition 
and imderstanding of the role of the environment, public lands 
and resources in the development of the United States; 
(3) identify critical environmental issues; 
(4) establish a Program for Environmental Policy Research 
and an Environmental Conflict Resolution at the Center; 
(5) develop resources to properly train professionals in the 
environmental and related fields; 
(6) provide educational outreach regarding environmental pol-
icy; and 
(7) develop resources to properly train Native American and 
Alaska Native professionals in health care and public policy. 
PUBLIC LAW 102-259—MAR. 19, 1992 
106 STAT. 81 
SEC. 7. AUTHORITY OP THE FOUNDATION. 
20USC5605. 
(a) AUTHORITY OF THE FOUNDATION.— 
(1) IN GENERAL.—(A) The Foundation, in consultation with 
the Center, is authorized to identify and conduct such programs, 
activities, and services as the Foundation considers appropriate 
to carry out the purposes described in section 6. The Foundation 
shall have the authority to award scholarships, fellowships, 
internships, and grants and fund the Center to carry out and 
manage other programs, activities and services. 
(B) The Foundation may provide, directly or by contract, 
for the conduct of national competition for the purpose of select-
ing recipients of scholarships, fellowships, internships, and 
grants awarded imder this Act. 
(C) The Foundation may award scholarships, fellowships, 
internships and grants to eligible individuals in accordance 
with the provisions of this Act for study in fields related to 
the environment and Native American and Alaska Native 
healtii care and tribal public policy. Such scholarships, fellow-
ships, internships and grants shall be awarded to eligible 
individuals who meet the minimum criteria established by the 
Foimdation. 
(2) SCHOLARSHIPS.—(A) Scholarships shall be awarded to out-
standing undergraduate students who intend to pursue careers 
related to the environment and to outstanding Native American 
and Alaska Native undergraduate students who intend to pur-
sue careers in health care and tribal public policy. 
(B) An eligible individual awarded a scholarship under this 
Act may receive payments imder this Act only during such 
periods as the Foundation finds that the eligible individual 
is maintaining satisfactory proficiency and devoting full time 
to study or research and is not engaging in gainful employment 
other uian employment approved by the Foundation pursuant 
to regulations of the Board. 
(C) The Foundation may require reports containing such 
information, in such form, and to be filed at such times as 
the Foundation determines to be necessaiy from any eligible 
individual awarded a scholarship imder this Act. Sucn reports 
shall be accompanied by a certificate from an appropriate offi-
cial at the institution of higher education, approved by the 
Foundation, stating that such individual is making satisfactory 
progress in, and is devoting essentially full time to study or 
research, except as otherwise provided in this subsection. 
(3) FELLOWSHIPS.—Fellowships shall be awarded to— 
(A) outstanding graduate students who intend to pursue 
advanced degrees in fields related to the environment and 
to outstanding Native American and Alaska Native grad-
uate students who intend to pursue advanced degrees in 
health care and tribal public policy, including law and 
medicine; and 
(B) faculty from a variety of disciplines to bring the 
expertise of such faculty to the Foundation. 
(4) INTERNSHIPS.—Internships shall be awarded to— 
(A) deserving and qualified individuals to participate in 
internships in Federal, State and local agencies or in offices 
of major environmental organizations pursuant to section 
6; and 
106 STAT. 82 
PUBLIC LAW 102-259—MAR. 19, 1992 
}v 
(B) deserving and qualified Native American and Alaska 
Native individuals to participate in internships in Federal, 
State and local agencies or in offices of major public health 
or public policy organizations pursuant to section 6. 
(5) GRANTS.—^The Foundation shall award grants to the 
Center— 
(A) to provide for an annual panel of experts to discuss 
contemporary environmental issues; 
(B) to conduct environmental policy research; 
(C) to conduct research on Native American and Alaska 
Native health care issues and tribal public policy issues; 
and 
(D) for visiting poliQ^makers to share the practical experi-
ences of such for visiting policymakers with the Foundation. 
(6) REPOSITORY.—^The Foundation shall provide direct or 
indirect assistance from the proceeds of the Fund to the Center 
to maintain the current site of the repository for Morris K. 
Udall's papers and other such public papers as may be appro-
priate and assure such papers' availability to the public. 
(7) COORDINATION.—The Foundation shall assist in the devel-
opment and implementation of a Progfram for Environmental 
Policy Research and Environmental Conflict Resolution to be 
located at the Center. 
O
b
) MORRIS K UDALL SCHOLARS.—^Recipients of scholarships, fel-
lowships, internships, and grants under this Act shall be known 
as "Morris K Udall Scholars". 
(c) PROGRAM PRIORITIES.—The Foundation shall determine the 
priority of the programs to be carried out under this Act and 
the amount of funds to be allocated for such programs. However, 
not less than 50 percent shall be utilized for the programs set 
forth in section 6(a)(2), section 6(a)(3), and section 6(aX4), not 
more than 15 percent shall be used for salaries and other adminis-
trative purposes, and not less than 20 percent shall be appropriated 
to the (!lenter for section 6(a)(5), section 6(a)(6), and section 6(a)(7) 
conditioned on a 25-percent match from other sources and further 
conditioned on adequate space at the Center being made available 
for the Executive Director and other appropriate stair of the Founda-
tion by the Center. 
20 u s e 5606. 
SEC. 8. ESTABLISHMENT OF THE MORBIS K. UDALL SCHOLARSHIP 
AND EXCELLENCE IN NATIONAL ENVIRONMENTAL POL-
ICY TRUST FUND. 
(a) ESTABLISHMENT OF FUND.—There is established in the Treas-
ury of the United States a trust fund to be known as the 'Morris 
K. Udall Scholarship and Excellence in National Environmental 
Policy Trust Fund" to be administered by a Foundation. The fund 
shall consist of amounts appropriated to it pursuant to section 
11 and amounts credited to it under subsection (b). 
(b) INVESTMENT OF FUND ASSETS.— 
(1) IN GENERAL,—It shall be the duty of the Secretary of 
the Treasury to invest, at the direction of the Foundation 
Board, in full the amounts appropriated to the Fund. Such 
investments shall be in public debt securities with maturities 
suitable to the needs of the Fund. Investments in public debt 
securities shall bear interest "at rates determined by the Sec-
retary of the Treasury taking into consideration the current 
PUBLIC LAW 102-259—MAR. 19, 1992 
106 STAT. 83 
average market yield on outstanding marketable obligations 
of the United States" of comparable maturity. 
SEC. 9. EXPENDITURES AND AUDIT OF TRUST FUND. 
20 USC 5607. 
(a) IN GENERAL.—The Foundation shall pay from the interest 
and earnings of the Fund such sums as the Board determines 
are necessary and appropriate to enable the Foundation to carry 
out the provisions of this Act. 
(b) AUDIT BY GENERAL ACCOUNTING OFFICE.—The activities of 
the Foundation and the Center under this Act may be audited 
by the General Accounting Office under such rules and regulations 
as may be prescribed by the Comptroller General of the United 
States. Representatives of the Gteneral Accounting Office shall have 
access to all books, accounts, records, reports filed and all other 
papers, things, or property belonging to or in use by the Foundation 
and the Center, pertaining to such federally assisted activities 
and necessary to facilitate the audit. 
SEC. 10. ADMINISTRATIVE PROVISIONS. 
20 USC 5608. 
IN GENERAL.—In order to carry out the provisions of this Act, 
the Foundation may— 
(1) appoint and fix the compensation of such personnel as 
may be necessary to carry out the provisions of this Act, except 
that in no case shall employees other than the Executive Direc-
tor be compensated at a rate to exceed the maximum rate 
for employees in grade GS-15 of the Greneral Schedule under 
section 5332 of title 5, United States Code; 
(2) procure or fund the Center to procure temporary and 
intermittent services of experts and consultants as are nec-
essary to the extent authorized by section 3109 of title 5, 
United States Code, but at rates not to exceed the rate specified 
at the time of such service for level IV of the Executive Schedule 
under section 5315 of title 5, United States Code; 
(3) prescribe such regulations as the Foundation considers 
necessary governing the manner in which its functions shall 
be carried out; 
(4) accept, hold, administer, and utilize gifts, both real and 
personal, for the purpose of aiding or facilitating the work 
of the Foundation; 
(5) accept and utilize the services of voluntary and 
noncompensated personnel and reimburse such personnel for 
travel expenses, including per diem, as authorized by section 
5703 of title 5, United States Code; 
(6) enter into contracts, grants, or other arrangements or 
modifications thereof, to carry out the provisions of this Act, 
and such contracts or modifications thereof may, with the con-
currence of two-thirds of the members of the Board of Trustees, 
be entered into without performance or other bonds, and with-
out regard to section 3709 of the Revised Statutes (41 U.S.C. 
5); and 
(7) make other necessary expenditures. 
106 STAT. 84 
PUBUC LAW 102-259--MAR. 19,1992 
20 u s e 5609. SEC. 11. AUTHORIZATION OF APPBOPBIAHONB. 
Tliere are authorized to be appropriated to the Fund $40,000,000 
to carry out the provisions of this Act 
Approved March 19, 1992. 
LEGISLATIVE HISTORY—S. 2184 (See S. 1176): 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Feb. 4, considered and passed Senate. 
Mar. 3, considered and paceed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Mar. 19, Presidential statement.