Environmental Policy and Conflict Resolution Act of 1997
PL 105-156 (H.R.3042), enacted 02/11/1998

112 STAT. 8 
PUBLIC LAW 105-156—FEB. 11, 1998 
Public Law 105-156 
105th Congress 
An Act 
Feb. 11, 1998 
[KR. 3042] 
Environmental 
Policy and 
Conflict 
Resolution Act of 
1998 
20 u s e 5601 
note. 
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 
Institute for Environmental Conflict Resolution to conduct environmental conflict 
resolution and training, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Environmental PoUcy and Conflict 
Resolution Act of 1998". 
SEC. 2. DEFINITIONS. 
Section 4 of the Morris K. Udall Scholarship and Excellence 
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), respectively; 
(2) by inserting after paragraph (3) the following: 
"(4) the term 'environmental dispute' means a dispute or 
conflict relating to the environment, public lands, or natural 
resources;"; 
(3) by inserting after paragraph (5) (as redesignated by 
paragraph (1)) the following: 
"(6) the term 'Institute' means the United States Institute 
for Environmented Conflict Resolution established pursuant to 
section 7(a)(1)(D);"; 
(4) in paragraph (7) (as redesignated by paragraph (1)), 
by striking "and" at the end; 
(5) in paragraph (8) (as redesignated by paragraph (1)), 
by striking the period at the end and inserting "; and"; and 
(6) in paragraph (9) (as redesignated by paragraph (1))— 
(A) by striking "fund" and inserting "Trust Fund"; and 
(B) 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 American 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 inserting "thirteen"; and 
(2) by adding at the end the following: 
PUBLIC LAW 105-156—FEB. 11, 1998 
112 STAT. 9 
"(7) The chairperson of the President's Council on Environ-
mental Quality, who shall serve as a nonvoting, ex officio 
member and shall not be eligible to serve as chairperson.". 
SEC. 4. PURPOSE. 
Section 6 of the Morris K. Udall Scholarship and Excellence 
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 Environmental Conflict 
Resolution" and inserting "Environmental 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 a semicolon; 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 implementing section 101 of the 
National Environmental Pohcy Act of 1969 (42 U.S.C. 4331) 
by providing assessment, mediation, and other related services 
to resolve environmental disputes involving agencies and 
instrumentalities of the United States; and 
"(9) complement the direction established by the President 
in Executive Order No. 12988 (61 Fed. Reg. 4729; relating 
to civil justice reform).". 
SEC. 5. AUTHORITY. 
Section 7(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)) is amended— 
(1) in paragraph (1), by adding at the end the following: 
"(D) 
INSTITUTE 
FOR 
ENVIRONMENTAL 
CONFLICT 
RESOLUTION.— 
"(i) IN GENERAL.—The Foundation shall— 
"(I) establish the United States Institute for 
Environmental Conflict Resolution as part of the 
Foundation; £ind 
"(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. 
"(ii) 
GEOGRAPHIC 
PROXIMITY 
OF 
CONFLICT 
RESOLUTION 
PROVISION.—In 
providing 
assessment, 
mediation, training, and other related services under 
clause (i)(II) to resolve environmental disputes, the 
Foundation shall consider, to the maximum extent 
practicable, conflict resolution providers within the 
geographic proximity of the conflict."; and 
(2) in paragraph (7), by inserting "emd Training" 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. 
112 STAT. 10 
PUBLIC LAW 105-156—FEB. 11, 1998 
(b) E^fVIRONMENTAL 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: 
20 use 5607a. 
"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: 
20 use 5607b. 
"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 pajnnent 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.— 
PUBLIC LAW 105-156—FEB. 11, 1998 
112 STAT. 11 
"(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 relevsmt 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.". 
112 STAT. 12 
PUBLIC LAW 105-156—FEB. 11, 1998 
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 PubUc Policy Act of 1992 (20 U.S.C. 5606) is amended— 
(1) by striking "fund" and inserting "Trust Fimd"; 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 Fluid" each place it appears. 
Approved February 11, 1998. 
LEGISLATIVE HISTORY—H.R. 3042 (S. 399): 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): Nov. 13, considered and passed House. 
Vol. 144 (1998): Jan. 29, considered and passed Senate.