[105th Congress Public Law 156]
[From the U.S. Government Printing Office]


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[DOCID: f:publ156.105]


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        ENVIRONMENTAL POLICY AND CONFLICT RESOLUTION ACT OF 1998

[[Page 112 STAT. 9]]

Public Law 105-156
105th Congress

                                 An Act


 
  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. <<NOTE: Feb. 11, 1998 -  [H.R. 3042]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Environmental Policy and 
Conflict Resolution Act of 1998.>>  assembled,

SECTION 1. SHORT <<NOTE: 20 USC 5601 note.>>  TITLE.

    This Act may be cited as the ``Environmental Policy 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 Environmental 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:

[[Page 112 STAT. 10]]

            ``(7) The chairperson of the President's Council on 
        Environmental 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 Policy 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; 
                                and
                                    ``(II) identify and conduct such 
                                programs, activities, and services as 
                                the Foundation determines 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 ``and 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.

[[Page 112 STAT. 11]]

    (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 <<NOTE: 20 USC 5608a.>>  
            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 <<NOTE: 20 USC 5608b.>>  
            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.--

[[Page 112 STAT. 12]]

            ``(1) Notification.--An agency or instrumentality of the 
        Federal Government shall notify the chairperson of the 
        President'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 
                statement 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 
                Government (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 Environmental Quality before using the 
                Foundation or Institute to provide the services 
                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 divisions of a single agency or 
                instrumentality) that concern purely legal issues or 
                matters, 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 
                      coordination 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.''.

[[Page 112 STAT. 13]]

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 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 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.

    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.

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