-CITE-

20 USC CHAPTER 65 - NATIONAL ENVIRONMENTAL EDUCATION 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 65 - NATIONAL ENVIRONMENTAL EDUCATION

.

-HEAD-

CHAPTER 65 - NATIONAL ENVIRONMENTAL EDUCATION

-MISC1-

Sec.

5501. Findings and policy.

(a) Findings.

(b) Policy.

5502. Definitions.

5503. Office of Environmental Education.

(a) Establishment.

(b) Duties and functions.

(c) Director and staff.

5504. Environmental Education and Training Program.

(a) Establishment.

(b) Functions and activities.

(c) Grants.

(d) Eligibility.

5505. Environmental education grants.

(a) Cooperative agreements and grants.

(b) Eligible activities.

(c) Priority projects.

(d) Scope of program and implementing regulations.

(e) Solicitation notices.

(f) Applications.

(g) Performance of projects.

(h) Matching requirements.

(i) Limitations on grants.

5506. Environmental internships and fellowships.

(a) Postsecondary students and in-service teachers.

(b) Purpose.

(c) Minimum number of internships and fellowships.

(d) Management of programs; eligible agencies.

(e) Length of internships and fellowships; funding.

(f) Eligible individuals.

(g) Applications.

(h) Geographic, cultural, and minority

representation.

5507. Environmental education awards.

(a) National awards.

(b) Required awards.

(c) Nomination by Environmental Education Advisory

Council.

(d) President's Environmental Youth Awards.

(e) Cash awards for elementary and secondary

education teachers and local educational

agencies.

5508. Environmental Education Advisory Council and Task Force.

(a) Establishment.

(b) Advisory Council; duties; members; terms of

office; compensation; termination.

(c) Federal Task Force on Environmental Education;

duties; members.

(d) Reports.

5509. National Environmental Education and Training Foundation.

(a) Establishment and purposes.

(b) Board of Directors.

(c) Rights and obligations of Foundation.

(d) Conditions on donations.

(e) Administrative services and support.

(f) Omitted.

(g) Volunteer status.

(h) Audits and petition of Attorney General for

equitable relief.

(i) United States release from liability.

(j) Amendment and repeal.

5510. Authorization.

(a) Authorization of appropriations.

(b) Limitations.

(c) Availability of funds to National Environmental

Education and Training Foundation.

-CITE-

20 USC Sec. 5501 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 65 - NATIONAL ENVIRONMENTAL EDUCATION

-HEAD-

Sec. 5501. Findings and policy

-STATUTE-

(a) Findings

The Congress finds that -

(1) Threats to human health and environmental quality are

increasingly complex, involving a wide range of conventional and

toxic contaminants in the air and water and on the land.

(2) There is growing evidence of international environmental

problems, such as global warming, ocean pollution, and declines

in species diversity, and that these problems pose serious

threats to human health and the environment on a global scale.

(3) Environmental problems represent as significant a threat to

the quality of life and the economic vitality of urban areas as

they do the natural balance of rural areas.

(4) Effective response to complex environmental problems

requires understanding of the natural and built environment,

awareness of environmental problems and their origins (including

those in urban areas), and the skills to solve these problems.

(5) Development of effective solutions to environmental

problems and effective implementation of environmental programs

requires a well educated and trained, professional work force.

(6) Current Federal efforts to inform and educate the public

concerning the natural and built environment and environmental

problems are not adequate.

(7) Existing Federal support for development and training of

professionals in environmental fields is not sufficient.

(8) The Federal Government, acting through the Environmental

Protection Agency, should work with local education institutions,

State education agencies, not-for-profit educational and

environmental organizations, noncommercial educational

broadcasting entities, and private sector interests to support

development of curricula, special projects, and other activities,

to increase understanding of the natural and built environment

and to improve awareness of environmental problems.

(9) The Federal Government, acting through the coordinated

efforts of its agencies and with the leadership of the

Environmental Protection Agency, should work with local education

institutions, State education agencies, not-for-profit

educational and environmental organizations, noncommercial

educational broadcasting entities, and private sector interests

to develop programs to provide increased emphasis and financial

resources for the purpose of attracting students into

environmental engineering and assisting them in pursuing the

programs to complete the advanced technical education required to

provide effective problem solving capabilities for complex

environmental issues.

(10) Federal natural resource agencies such as the United

States Forest Service have a wide range of environmental

expertise and a long history of cooperation with educational

institutions and technology transfer that can assist in

furthering the purposes of the (FOOTNOTE 1) chapter.

(FOOTNOTE 1) So in original. Probably should be ''this''.

(b) Policy

It is the policy of the United States to establish and support a

program of education on the environment, for students and personnel

working with students, through activities in schools, institutions

of higher education, and related educational activities, and to

encourage postsecondary students to pursue careers related to the

environment.

-SOURCE-

(Pub. L. 101-619, Sec. 2, Nov. 16, 1990, 104 Stat. 3325.)

-MISC1-

SHORT TITLE

Section 1(a) of Pub. L. 101-619 provided that: ''This Act

(enacting this chapter) may be cited as the 'National Environmental

Education Act'.''

-CITE-

20 USC Sec. 5502 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 65 - NATIONAL ENVIRONMENTAL EDUCATION

-HEAD-

Sec. 5502. Definitions

-STATUTE-

For the purposes of this chapter, the term -

(1) ''Administrator'' means the Administrator of the

Environmental Protection Agency;

(2) ''Agency'' means the United States Environmental Protection

Agency;

(3) ''Federal agency'' or ''agency of the United States'' means

any department, agency or other instrumentality of the Federal

Government, any independent agency or establishment of the

Federal Government including any Government corporation;

(4) ''Secretary'' means the Secretary of the Department of

Education;

(5) ''local educational agency'' means any education agency as

defined in section 7801 of this title and shall include any

tribal education agency;

(6) ''not-for-profit'' organization (FOOTNOTE 1) means an

organization, association, or institution described in section

501(c)(3) of title 26, which is exempt from taxation pursuant to

the provisions of section 501(a) of title 26;

(FOOTNOTE 1) So in original. Probably should be ''

'not-for-profit organization' ''.

(7) ''noncommercial education broadcasting entities'' means any

noncommercial educational broadcasting station (and/or its legal

nonprofit affiliates) as defined and licensed by the Federal

Communications Commission;

(8) ''tribal education agency'' means a school or community

college which is controlled by an Indian tribe, band, or nation,

including any Alaska Native village, which is recognized as

eligible for special programs and services provided by the United

States to Indians because of their status as Indians and which is

not administered by the Bureau of Indian Affairs;

(9) ''Federal natural resource management agencies'' means the

United States Forest Service, the Bureau of Land Management, the

National Park Service, and the Fish and Wildlife Service;

(10) ''environmental engineering'' means the discipline within

engineering and science concerned with the development and

application of scientific and technical solutions to protecting

the aquatic and atmospheric environment, including, but not

limited to, all phases of water resources planning, water supply,

water treatment, air pollution characterization and control,

remediation of hazardous substances, environmental transport of

contaminants in surface and ground water and atmosphere, and

methods for assessment and control of pollution;

(11) ''environmental education'' and ''environmental education

and training'' mean educational activities and training

activities involving elementary, secondary, and postsecondary

students, as such terms are defined in the State in which they

reside, and environmental education personnel, but does not

include technical training activities directed toward

environmental management professionals or activities primarily

directed toward the support of noneducational research and

development;

(12) ''Foundation'' means the National Environmental Education

and Training Foundation established pursuant to section 5509 of

this title; and

(13) ''Board of Directors'' means the Board of Directors of the

National Environmental Education and Training Foundation.

-SOURCE-

(Pub. L. 101-619, Sec. 3, Nov. 16, 1990, 104 Stat. 3326; Pub. L.

103-382, title III, Sec. 391(m), Oct. 20, 1994, 108 Stat. 4023;

Pub. L. 107-110, title X, Sec. 1076(n), Jan. 8, 2002, 115 Stat.

2092.)

-MISC1-

AMENDMENTS

2002 - Par. (5). Pub. L. 107-110 substituted ''7801'' for

''8801''.

1994 - Par. (5). Pub. L. 103-382 substituted ''local educational

agency'' for ''local education agency'' and reference to section

8801 of this title for reference to section 198 of the Elementary

and Secondary Education Act of 1965.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5509 of this title.

-CITE-

20 USC Sec. 5503 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 65 - NATIONAL ENVIRONMENTAL EDUCATION

-HEAD-

Sec. 5503. Office of Environmental Education

-STATUTE-

(a) Establishment

The Administrator shall establish an Office of Environmental

Education within the Environmental Protection Agency.

(b) Duties and functions

The Office of Environmental Education shall -

(1) develop and support programs and related efforts, in

consultation and coordination with other Federal agencies, to

improve understanding of the natural and built environment, and

the relationships between humans and their environment, including

the global aspects of environmental problems;

(2) support development and the widest possible dissemination

of model curricula, educational materials, and training programs

for elementary and secondary students and other interested

groups, including senior Americans;

(3) develop and disseminate, in cooperation with other Federal

agencies, not-for-profit educational and environmental

organizations, State agencies, and noncommercial educational

broadcasting entities, environmental education publications and

audio/visual and other media materials;

(4) develop and support environmental education seminars,

training programs, teleconferences, and workshops for

environmental education professionals, as provided for in section

5504 of this title;

(5) manage Federal grant assistance provided to local education

agencies, institutions of higher education, other not-for-profit

organizations, and noncommercial education broadcasting entities,

under section 5505 of this title;

(6) administer the environmental internship and fellowship

programs provided for in section 5506 of this title;

(7) administer the environmental awards program provided for in

section 5507 of this title;

(8) provide staff support to the Advisory Council and Task

Force provided for in section 5508 of this title;

(9) assess, in coordination with other Federal agencies, the

demand for professional skills and training needed to respond to

current and anticipated environmental problems and cooperate with

appropriate institutions, organizations, and agencies to develop

training programs, curricula, and continuing education programs

for teachers, school administrators, and related professionals;

(10) assure the coordination of Federal statutes and programs

administered by the Agency relating to environmental education,

consistent with the provisions and purposes of those programs,

and work to reduce duplication or inconsistencies within these

programs;

(11) work with the Department of Education, the Federal

Interagency Committee on Education, and with other Federal

agencies, including Federal natural resource management agencies,

to assure the effective coordination of programs related to

environmental education, including environmental education

programs relating to national parks, national forests, and

wildlife refuges;

(12) provide information on environmental education and

training programs to local education agencies, State education

and natural resource agencies, and others; and

(13) otherwise provide for the implementation of this chapter.

(c) Director and staff

The Office of Environmental Education shall -

(1) be directed by a Director who shall be a member of the

Senior Executive Service;

(2) include a headquarters staff of not less than six and not

more than ten full-time equivalent employees; and

(3) be supported by one full-time equivalent employee in each

Agency regional office.

-SOURCE-

(Pub. L. 101-619, Sec. 4, Nov. 16, 1990, 104 Stat. 3327.)

-CITE-

20 USC Sec. 5504 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 65 - NATIONAL ENVIRONMENTAL EDUCATION

-HEAD-

Sec. 5504. Environmental Education and Training Program

-STATUTE-

(a) Establishment

There is hereby established an Environmental Education and

Training Program. The purpose of the program shall be to train

educational professionals in the development and delivery of

environmental education and training programs and studies.

(b) Functions and activities

The functions and activities of the program shall include, at a

minimum -

(1) classroom training in environmental education and studies

including environmental sciences and theory, educational methods

and practices, environmental career or occupational education,

and topical environmental issues and problems;

(2) demonstration of the design and conduct of environmental

field studies and assessments;

(3) development of environmental education programs and

curriculum, including programs and curriculum to meet the needs

of diverse ethnic and cultural groups;

(4) sponsorship and management of international exchanges of

teachers and other educational professionals between the United

States, Canada, and Mexico involved in environmental programs and

issues;

(5) maintenance or support of a library of environmental

education materials, information, literature, and technologies,

with electronic as well as hard copy accessibility;

(6) evaluation and dissemination of environmental education

materials, training methods, and related programs;

(7) sponsorship of conferences, seminars, and related forums

for the advancement and development of environmental education

and training curricula and materials, including international

conferences, seminars, and forums;

(8) supporting effective partnerships and networks and the use

of distant learning technologies; and

(9) such other activities as the Administrator determines to be

consistent with the policies of this chapter.

Special emphasis should be placed on developing environmental

education programs, workshops, and training tools that are portable

and can be broadly disseminated.

(c) Grants

(1) The Administrator shall make a grant on an annual basis to an

institution of higher education or other institution which is a

not-for-profit institution (or consortia of such institutions) to

operate the environmental education and training program required

by this section.

(2) Any institution of higher education or other institution (or

consortia of such institutions) which is a not-for-profit

organization and is interested in receiving a grant under this

section may submit to the Administrator an application in such form

and containing such information as the Administrator may require.

(3) The Administrator shall award grants under this section on

the basis of -

(A) the capability to develop environmental education and

training programs;

(B) the capability to deliver training to a range of

participants and in a range of settings;

(C) the expertise of the staff in a range of appropriate

disciplines;

(D) the relative economic effectiveness of the program in terms

of the ratio of overhead costs to direct services;

(E) the capability to make effective use of existing national

environmental education resources and programs;

(F) the results of any evaluation under paragraph (5) of this

subsection; and

(G) such other factors as the Administrator deems appropriate.

(4) No funds made available to carry out this section shall be

used for the acquisition of real property (including buildings) or

the construction or substantial modification of any building.

(5) The Administrator shall establish procedures for a careful

and detailed review and evaluation of the environmental education

and training program to determine whether the quality of the

program being operated by the grantee warrants continued support

under this section.

(d) Eligibility

(1) Individuals eligible for participation in the program are

teachers, faculty, administrators and related support staff

associated with local education agencies, colleges, and

universities, employees of State education, environmental

protection, and natural resource departments, and employees of

not-for-profit organizations involved in environmental education

activities and issues.

(2) Individuals shall be selected for participation in the

program based on applications which shall be in such form as the

Administrator determines to be appropriate.

(3) In selecting individuals to participate in the program, the

Administrator shall provide for a wide geographic representation

and a mix of individuals, including minorities, working at primary,

secondary, postsecondary levels, and with appropriate other

agencies and departments.

(4) Individuals selected for participation in the program may be

provided with a stipend to cover travel and accommodations from

grant funds awarded pursuant to this section in such amounts as the

Administrator determines to be appropriate.

-SOURCE-

(Pub. L. 101-619, Sec. 5, Nov. 16, 1990, 104 Stat. 3328.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5503 of this title.

-CITE-

20 USC Sec. 5505 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 65 - NATIONAL ENVIRONMENTAL EDUCATION

-HEAD-

Sec. 5505. Environmental education grants

-STATUTE-

(a) Cooperative agreements and grants

The Administrator may enter into a cooperative agreement or

contract, or provide financial assistance in the form of a grant,

to support projects to design, demonstrate, or disseminate

practices, methods, or techniques related to environmental

education and training.

(b) Eligible activities

Activities eligible for grant support pursuant to this section

shall include, but not be limited to, environmental education and

training programs for -

(1) design, demonstration, or dissemination of environmental

curricula, including development of educational tools and

materials;

(2) design and demonstration of field methods, practices, and

techniques, including assessment of environmental and ecological

conditions and analysis of environmental pollution problems;

(3) projects to understand and assess a specific environmental

issue or a specific environmental problem;

(4) provision of training or related education for teachers,

faculty, or related personnel in a specific geographic area or

region; and

(5) design and demonstration of projects to foster

international cooperation in addressing environmental issues and

problems involving the United States and Canada or Mexico.

(c) Priority projects

In making grants pursuant to this section, the Administrator

shall give priority to those proposed projects which will develop -

(1) a new or significantly improved environmental education

practice, method, or technique;

(2) an environmental education practice, method, or technique

which may have wide application;

(3) an environmental education practice, method, or technique

which addresses a skill or scientific field identified as a

priority in the report developed pursuant to section 5508(d) of

this title; and

(4) an environmental education practice, method, or technique

which addresses an environmental issue which, in the judgment of

the Administrator, is of a high priority.

(d) Scope of program and implementing regulations

The program established by this section shall include

solicitations for projects, selection of suitable projects from

among those proposed, supervision of such projects, evaluation of

the results of projects, and dissemination of information on the

effectiveness and feasibility of the practices, methods, techniques

and processes. Within one year of November 16, 1990, the

Administrator shall publish regulations to assure satisfactory

implementation of each element of the program authorized by this

section.

(e) Solicitation notices

Within 90 days after the date on which amounts are first

appropriated for carrying out this chapter, and each year

thereafter, the Administrator shall publish a solicitation for

environmental education grants. The solicitation notice shall

prescribe the information to be included in the proposal and other

information sufficient to permit the Administrator to assess the

project.

(f) Applications

Any local education agency, college or university, State

education agency or environmental agency, not-for-profit

organization, or noncommercial educational broadcasting entity may

submit an application to the Administrator in response to the

solicitations required by subsection (e) of this section.

(g) Performance of projects

Each project under this section shall be performed by the

applicant, or by a person satisfactory to the applicant and the

Administrator.

(h) Matching requirements

Federal funds for any demonstration project under this section

shall not exceed 75 percent of the total cost of such project. For

the purposes of this section, the non-Federal share of project

costs may be provided by inkind contributions and other noncash

support. In cases where the Administrator determines that a

proposed project merits support and cannot be undertaken without a

higher rate of Federal support, the Administrator may approve

grants under this section with a matching requirement other than

that specified in this subsection, including full Federal funding.

(i) Limitations on grants

Grants under this section shall not exceed $250,000. In addition,

25 percent of all funds obligated under this section in a fiscal

year shall be for grants of not more than $5,000.

-SOURCE-

(Pub. L. 101-619, Sec. 6, Nov. 16, 1990, 104 Stat. 3330.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5503 of this title.

-CITE-

20 USC Sec. 5506 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 65 - NATIONAL ENVIRONMENTAL EDUCATION

-HEAD-

Sec. 5506. Environmental internships and fellowships

-STATUTE-

(a) Postsecondary students and in-service teachers

The Administrator shall, in consultation with the Office of

Personnel Management and other appropriate Federal agencies,

provide for internships by postsecondary level students and

fellowships for in-service teachers with agencies of the Federal

Government.

(b) Purpose

The purpose of internships and fellowships pursuant to this

section shall be to provide college level students and in-service

teachers with an opportunity to work with professional staff of

Federal agencies involved in environmental issues and thereby gain

an understanding and appreciation of such issues and the skills and

abilities appropriate to such professions.

(c) Minimum number of internships and fellowships

The Administrator shall, to the extent practicable, support not

less than 250 internships each year and not less than 50

fellowships each year.

(d) Management of programs; eligible agencies

The internship and fellowship programs shall be managed by the

Office of Environmental Education. Interns and fellows may serve in

appropriate agencies of the Federal Government including, but not

limited to, the Environmental Protection Agency, the Fish and

Wildlife Service, the National Oceanic and Atmospheric

Administration, the Council on Environmental Quality, Federal

natural resource management agencies, the Department of

Agriculture, and the National Science Foundation.

(e) Length of internships and fellowships; funding

Interns shall be hired on a temporary, full-time basis for not to

exceed 6 months and shall be compensated appropriately. Fellows

shall be hired on a temporary full-time basis for not to exceed 12

months and shall be compensated appropriately. Federal agencies

hiring interns shall provide the funds necessary to support

salaries and related costs.

(f) Eligible individuals

(1) Individuals eligible for participation in the internship

program are students enrolled at accredited colleges or

universities who have successfully completed not less than four

courses or the equivalent in environmental sciences or studies, as

determined by the Administrator.

(2) Individuals eligible for participation in the fellowship

program are in-service teachers who are currently employed by a

local education agency and have not less than 2 years experience in

teaching environmental education, environmental sciences, or

related courses.

(g) Applications

Individuals shall be selected for internships and fellowships

based on applications which shall be in such form as the

Administrator considers appropriate.

(h) Geographic, cultural, and minority representation

In selecting individuals for internships and fellowships, the

Administrator shall provide for wide geographic, cultural, and

minority representation.

-SOURCE-

(Pub. L. 101-619, Sec. 7, Nov. 16, 1990, 104 Stat. 3331.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5503 of this title.

-CITE-

20 USC Sec. 5507 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 65 - NATIONAL ENVIRONMENTAL EDUCATION

-HEAD-

Sec. 5507. Environmental education awards

-STATUTE-

(a) National awards

The Administrator shall provide for a series of national awards

recognizing outstanding contributions to environmental education.

(b) Required awards

In addition to such other awards as the Administrator may provide

for, national environmental awards shall include -

(1) The ''Theodore Roosevelt Award'' to be given in recognition

of an outstanding career in environmental education, teaching, or

administration;

(2) The ''Henry David Thoreau Award'' to be given in

recognition of an outstanding contribution to literature on the

natural environment and environmental pollution problems;

(3) The ''Rachael Carson Award'' to be given in recognition of

an outstanding contribution in print, film, or broadcast media to

public education and information on environmental issues or

problems; and

(4) The ''Gifford Pinchot Award'' to be given in recognition of

an outstanding contribution to education and training concerning

forestry and natural resource management, including multiple use

and sustained yield land management.

(c) Nomination by Environmental Education Advisory Council

Recipients of education awards provided for in subsection (b) of

this section shall be nominated by the Environmental Education

Advisory Council provided for in section 5508 of this title.

(d) President's Environmental Youth Awards

The Administrator may provide for the ''President's Environmental

Youth Awards'' to be given to young people in grades kindergarten

through twelfth for an outstanding project to promote local

environmental awareness.

(e) Cash awards for elementary and secondary education teachers and

local educational agencies

(1) The Chairman of the Council on Environmental Quality, on

behalf of the President, is authorized to develop and administer an

awards program to recognize elementary and secondary education

teachers and their local educational agencies who demonstrate

excellence in advancing environmental education through innovative

approaches. One teacher, and the local education agency employing

such teacher, from each State, including the District of Columbia

and the Commonwealth of Puerto Rico, are eligible to be selected

for an award pursuant to this subsection.

(2) The Chairman is authorized to provide a cash award of up to

$2,500 to each teacher selected to receive an award pursuant to

this section, which shall be used to further the recipient's

professional development in environmental education.

(3) The Chairman is also authorized to provide a cash award of up

to $2,500 to the local education agency employing any teacher

selected to receive an award pursuant to this section, which shall

be used to fund environmental educational activities and programs.

Such awards may not be used for construction costs, general

expenses, salaries, bonuses, or other administrative expenses.

-SOURCE-

(Pub. L. 101-619, Sec. 8, Nov. 16, 1990, 104 Stat. 3332.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5503, 5510 of this title.

-CITE-

20 USC Sec. 5508 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 65 - NATIONAL ENVIRONMENTAL EDUCATION

-HEAD-

Sec. 5508. Environmental Education Advisory Council and Task Force

-STATUTE-

(a) Establishment

There is hereby established a National Environmental Education

Advisory Council and a Federal Task Force on Environmental

Education.

(b) Advisory Council; duties; members; terms of office;

compensation; termination

(1) The Advisory Council shall advise, consult with, and make

recommendations to, the Administrator on matters relating to

activities, functions, and policies of the Agency under this

chapter. With respect to such matters, the Council shall be the

exclusive advisory entity for the Administrator. The Council may

exchange information with other Advisory Councils established by

the Administrator. The Office of Environmental Education shall

provide staff support to the Council.

(2) The Advisory Council shall consist of 11 members appointed by

the Administrator after consultation with the Secretary. Two

members shall be appointed to represent primary and secondary

education (one of whom shall be a classroom teacher); two members

shall be appointed to represent colleges and universities; two

members shall be appointed to represent not-for-profit

organizations involved in environmental education; two members

shall be appointed to represent State departments of education and

natural resources; two representatives shall be appointed to

represent business and industry; and one representative shall be

appointed to represent senior Americans. A representative of the

Secretary shall serve as an ex officio member of the Advisory

Council. The conflict of interest provision at section 208(a) of

title 18 shall not apply to members' participation in particular

matters which affect the financial interests of employers which

they represent pursuant to this subsection.

(3) The Administrator shall provide that members of the Council

represent the various geographic regions of the country, has

minority representation, and that the professional backgrounds of

the members include scientific, policy, and other appropriate

disciplines.

(4) Each member of the Advisory Council shall hold office for a

term of 3 years, except that -

(A) any member appointed to fill a vacancy occurring prior to

the expiration of the term for which his predecessor was

appointed shall be appointed for the remainder of such term; and

(B) the terms of the members first taking office shall expire

as follows: four shall expire 3 years after November 16, 1990,

four shall expire 2 years after November 16, 1990, and three

shall expire 1 year after November 16, 1990, as designated by the

Administrator at the time of appointment.

(5) Members of the Advisory Council appointed under this section

shall, while attending meetings of the Council or otherwise engaged

in business of the Council, receive compensation and allowances at

a rate to be fixed by the Administrator, but not exceeding the

daily equivalent of the annual rate of basic pay in effect for

grade GS-18 of the General Schedule for each day (including travel

time) during which they are engaged in the actual performance of

duties vested in the Council. While away from their homes or

regular places of business in the performance of services for the

Council, members of the Council shall be allowed travel expenses,

including per diem in lieu of subsistence, in the same manner as

persons employed intermittently in the Government service are

allowed expenses under section 5703(b) (FOOTNOTE 1) of title 5.

(FOOTNOTE 1) See References in Text note below.

(6) Section 14(a) of the Federal Advisory Committee Act relating

to termination, shall not apply to the Advisory Council.

(c) Federal Task Force on Environmental Education; duties; members

(1) The Federal Task Force on Environmental Education shall

advise, consult with and make recommendations to the Administrator

on matters relating to implementation of this chapter and assure

the coordination of such implementation activities with related

activities of other Federal agencies.

(2) Membership of the Task Force shall include the -

(A) Department of Education,

(B) Department of the Interior,

(C) Department of Agriculture,

(D) the Environmental Protection Agency,

(E) National Oceanic and Atmospheric Administration,

(F) Council on Environmental Quality,

(G) Tennessee Valley Authority, and

(H) National Science Foundation.

(3) The Environmental Protection Agency shall chair the Task

Force.

(4) The Administrator may ask other Federal agencies to

participate in the meetings and activities of the Task Force where

the Administrator finds it appropriate in carrying out the

requirements of this chapter.

(d) Reports

(1) The Advisory Council shall, after providing for public review

and comment, submit to the Congress, within 24 months of November

16, 1990, and biennially thereafter, a report which shall -

(A) describe and assess the extent and quality of environmental

education in the Nation;

(B) provide a general description of the activities conducted

pursuant to this chapter and related authorities over the

previous 2-year period;

(C) summarize major obstacles to improving environmental

education (including environmental education programs relating to

national parks and wildlife refuges) and make recommendations for

addressing such obstacles;

(D) identify personnel skills, education, and training needed

to respond to current and anticipated environmental problems and

make recommendations for actions to assure sufficient educational

and training opportunities in these professions; and

(E) describe and assess the extent and quality of environmental

education programs available to senior Americans and make

recommendations thereon; describe the various Federal agency

programs to further senior environmental education; and evaluate

and make recommendations as to how such educational apparatuses

could best be coordinated with nonprofit senior organizations

across the Nation, and environmental education institutions and

organizations now in existence.

(2) The Federal Task Force on Environmental Education shall

review and comment on a draft of the report to Congress.

-SOURCE-

(Pub. L. 101-619, Sec. 9, Nov. 16, 1990, 104 Stat. 3333.)

-REFTEXT-

REFERENCES IN TEXT

Section 5703 of title 5, referred to in subsec. (b)(5), was

amended generally by Pub. L. 94-22, May 19, 1975, Sec. 4, 89 Stat.

85, and, as so amended, does not contain a subsec. (b).

Section 14(a) of the Federal Advisory Committee Act, referred to

in subsec. (b)(6), is section 14(a) of Pub. L. 92-463, which is set

out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5503, 5505, 5507 of this

title.

-CITE-

20 USC Sec. 5509 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 65 - NATIONAL ENVIRONMENTAL EDUCATION

-HEAD-

Sec. 5509. National Environmental Education and Training Foundation

-STATUTE-

(a) Establishment and purposes

(1) Establishment

(A) There is hereby established the National Environmental

Education and Training Foundation. The Foundation is established

in order to extend the contribution of environmental education

and training to meeting critical environmental protection needs,

both in this country and internationally; to facilitate the

cooperation, coordination, and contribution of public and private

resources to create an environmentally advanced educational

system; and to foster an open and effective partnership among

Federal, State, and local government, business, industry,

academic institutions, community based environmental groups, and

international organizations.

(B) The Foundation is a charitable and nonprofit corporation

whose income is exempt from tax, and donations to which are tax

deductible to the same extent as those organizations listed

pursuant to section 501(c) of title 26. The Foundation is not an

agency or establishment of the United States.

(2) Purposes

The purposes of the Foundation are -

(A) subject to the limitation contained in the final sentence

of subsection (d) of this section, to encourage, accept,

leverage, and administer private gifts for the benefit of, or

in connection with, the environmental education and training

activities and services of the United States Environmental

Protection Agency;

(B) to conduct such other environmental education activities

as will further the development of an environmentally conscious

and responsible public, a well-trained and environmentally

literate workforce, and an environmentally advanced educational

system;

(C) to participate with foreign entities and individuals in

the conduct and coordination of activities that will further

opportunities for environmental education and training to

address environmental issues and problems involving the United

States and Canada or Mexico.

(3) Programs

The Foundation will develop, support, and/or operate programs

and projects to educate and train educational and environmental

professionals, and to assist them in the development and delivery

of environmental education and training programs and studies.

(b) Board of Directors

(1) Establishment and membership

(A) The Foundation shall have a governing Board of Directors

(hereafter referred to in this section as ''the Board''), which

shall consist of 13 directors, each of whom shall be

knowledgeable or experienced in the environment, education and/or

training. The Board shall oversee the activities of the

Foundation and shall assure that the activities of the Foundation

are consistent with the environmental and education goals and

policies of the Environmental Protection Agency and with the

intents and purposes of this chapter. The membership of the

Board, to the extent practicable, shall represent diverse points

of view relating to environmental education and training.

(B) The Administrator of the Environmental Protection Agency

shall, pursuant to paragraph (2), appoint the Director of the

Office of Environmental Education established pursuant to section

5502 of this title as an ex-officio member of the Board. Ex

officio membership shall also be offered to other Federal

agencies or departments with an interest and/or experience in

environmental education and training.

(C) Appointment to the Board shall not constitute employment

by, or the holding of an office of, the United States for the

purposes of any Federal law.

(2) Appointment and terms

(A) Members of the Board shall be appointed by the

Administrator of the Environmental Protection Agency.

(B) Within 90 days of November 16, 1990, and as appropriate

thereafter, the Administrator shall publish in the Federal

Register an announcement of appointments of Directors of the

Board. At the same time, the Administrator shall transmit a copy

of such announcement to the Education and Labor Committee and the

Committee on Energy and Commerce of the House of Representatives

and the Committee on Environment and Public Works of the United

States Senate. Such appointments shall become final and effective

90 days after publication in the Federal Register.

(C) The directors shall be appointed for terms of 4 years,

except that the Administrator, in making the initial appointments

to the Board, shall appoint 5 directors to a term of 2 years, 4

directors to a term of 3 years, and 4 directors to a term of 4

years. The Administrator shall appoint an individual to serve as

a director in the event of a vacancy on the Board within 60 days

of said vacancy in the manner in which the original appointment

was made. No individual may serve more than 2 consecutive terms

as a director.

(3) Chair

The Chair shall be elected by the Board from its members for a

2-year term.

(4) Quorum

A majority of the current membership of the Board shall

constitute a quorum for the transaction of business.

(5) Meetings

The Board shall meet at the call of the Chair at least twice a

year. If a Director misses three consecutive regularly scheduled

meetings, that individual may be removed from the Board and that

vacancy filled in accordance with this subsection.

(6) Reimbursement of expenses

Members of the Board shall serve without pay, but may be

reimbursed for the actual and necessary traveling and subsistence

expenses incurred by them in the performance of the duties of the

Foundation.

(7) General powers

(A) The Board may complete the organization of the Foundation

by -

(i) appointing officers and employees;

(ii) adopting a constitution and bylaws consistent with the

purposes of the Foundation and the provisions of this section;

and

(iii) undertaking such other acts as may be necessary to

carry out the provisions of this section.

(B) The following limitations apply with respect to the

appointment of officers and employees of the Foundation:

(i) Officers and employees may not be appointed until the

Foundation has sufficient funds to pay for their service.

Officers and employees of the Foundation shall be appointed

without regard to the provisions of title 5 governing

appointments in the competitive service, and may be paid

without regard to the provisions of chapter 51 or subchapter

III of chapter 53 of title 5 relating to classification and

General Schedule pay rates, except that no individual so

appointed may receive pay in excess of the annual rate of basic

pay in effect for grade GS-18 of the General Schedule.

(ii) The first officer or employee appointed by the Board

shall be the Executive Director of the Foundation who -

(I) shall serve, at the direction of the Board, as the

Secretary of the Board and the Foundation's chief executive

officer; and

(II) shall be experienced in matters relating to

environmental education and training.

(c) Rights and obligations of Foundation

(1) In general

The Foundation -

(A) shall have perpetual succession;

(B) may conduct business throughout the several States,

territories, and possessions of the United States and abroad;

(C) shall have its principal offices in the District of

Columbia or in the greater metropolitan area; and

(D) shall at all times maintain a designated agent authorized

to accept service of process for the Foundation.

The service of notice to, or service of notice upon, the agent

required under paragraph (4), or mailed to the business address

of such agent, shall be deemed as service upon or notice to the

Foundation.

(2) Seal

The Foundation shall have an official seal selected by the

Board which shall be judicially noticed.

(3) Powers

To carry out its purposes under subsection (a) of this section,

the Foundation shall have, in addition to the powers otherwise

given it under this section, the usual powers of a corporation

acting as a trustee, including the power -

(A) to accept, receive, solicit, hold, administer, and use

any gift, devise, or bequest, either absolutely or in trust, of

real or personal property or any income therefrom or other

interest therein;

(B) to acquire by purchase or exchange any real or personal

property or interest therein;

(C) unless otherwise required by the instrument of transfer,

to sell, donate, lease, invest, reinvest, retain, or otherwise

dispose of any property or income therefrom;

(D) to sue, or to be sued, and complain or defend itself in

any court of competent jurisdiction, except that the Directors

of the Board shall not be personally liable, except for gross

negligence;

(E) to enter into contracts or other arrangements with public

agencies and private organizations and persons and to make such

payments as may be necessary to carry out its functions; and

(F) to do any and all acts necessary and proper to carry out

the purposes of the Foundation.

(d) Conditions on donations

(1) For the purposes of this section, a gift, devise, or bequest

may be accepted by the Foundation even though it is encumbered,

restricted, or subject to beneficial interests of private persons

if any current future interest therein is for the benefit of the

Foundation.

(2) No donation, gift, devise, bequest, property (either real or

personal), voluntary services, or any other thing of value may be

accepted by the Foundation if it -

(A) is contingent upon the transmission by the Foundation of

materials or information prepared by the donor or a third party

in such a fashion as to convey a particular point of view

favorable to the economic interests of the donor or its

constituents or associates; or

(B) in the judgment of the Board carries with it an explicit or

implied requirement on the part of the Foundation to do a

specific act or make general representations which are to the

benefit of the donor and which are not consistent with the

environmental and education goals and policies of the

Environmental Protection Agency and with the intents and purposes

of this chapter.

(3) No materials bearing ''logos'', letterhead or other means of

identification associated with a donor or third party may be

transmitted by the Foundation, for use in environmental education

and training except as required pursuant to subsection (f) of this

section.

(e) Administrative services and support

Subject to the requirements of this subsection, the Administrator

may provide personnel, facilities, and other administrative

services to the Foundation, including reimbursement of expenses

under subsection (b)(6) of this section, not to exceed then current

Federal Government per diem rates, for a period of up to 4 years

from November 16, 1990, and may accept reimbursement therefor, to

be deposited in the Treasury to the credit of the appropriations

then current and chargeable for the costs of providing such

services. With respect to personnel, the Administrator may provide

no more than 1 full-time employee to serve the Foundation in a

policy capacity, and may provide clerical and other support staff

at a level equivalent to 2 full-time equivalent employees to the

Foundation, for a period not to exceed 2 years from the date of

initial assignment of any personnel for this purpose.

(f) Omitted

(g) Volunteer status

The Administrator may accept, without regard to the civil service

classification laws, rules, or regulations, the services of the

Foundation, the Board, and the officers and employees of the Board,

without compensation from the Environmental Protection Agency, as

volunteers in the performance of the functions authorized herein,

in the manner provided for under this section.

(h) Audits and petition of Attorney General for equitable relief

For purposes of section 10101 of title 36, the Foundation shall

be treated as a corporation in part B of subtitle II of title 36.

(i) United States release from liability

The United States shall not be liable for any debts, defaults,

acts, or omissions of the Foundation nor shall the full faith and

credit of the United States extend to any obligation of the

Foundation.

(j) Amendment and repeal

The Congress expressly reserves the right to repeal or amend this

section at any time.

-SOURCE-

(Pub. L. 101-619, Sec. 10, Nov. 16, 1990, 104 Stat. 3335.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (b)(7)(B)(i), are

classified generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

The civil service classification laws, referred to in subsec.

(g), probably should refer to civil service and classification

laws. The civil service laws are set forth in Title 5. See,

particularly, section 3301 et seq. of Title 5. The classification

laws are set forth in chapter 51 and subchapter III of chapter 53

of Title 5.

-COD-

CODIFICATION

Subsec. (f) of this section, which required the Foundation, as

soon as practicable after the end of each fiscal year, to transmit

to Congress a report of its proceedings and activities, including a

full and complete statement of its receipts, expenditures, and

investments, terminated, effective May 15, 2000, pursuant to

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance. See, also, page 183 of

House Document No. 103-7.

In subsec. (h), ''section 10101 of title 36'' substituted for

''the Act entitled 'An Act for audit of accounts of private

corporations established under Federal law', approved August 30,

1964 (Public Law 88-504; 36 U.S.C. 1101-1103)'' and ''a corporation

in part B of subtitle II of title 36'' substituted for ''a private

corporation established under Federal law'' on authority of Pub. L.

105-225, Sec. 5(b), Aug. 12, 1998, 112 Stat. 1499, the first

section of which enacted Title 36, Patriotic and National

Observances, Ceremonies, and Organizations.

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2. Committee on Commerce of

House of Representatives changed to Committee on Energy and

Commerce of House of Representatives, and jurisdiction over matters

relating to securities and exchanges and insurance generally

transferred to Committee on Financial Services of House of

Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC4-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5502, 5510 of this title.

-CITE-

20 USC Sec. 5510 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 65 - NATIONAL ENVIRONMENTAL EDUCATION

-HEAD-

Sec. 5510. Authorization

-STATUTE-

(a) Authorization of appropriations

There is hereby authorized to be appropriated to the

Environmental Protection Agency to carry out this chapter not to

exceed $12,000,000 for each fiscal year 1992 and 1993, not to

exceed $13,000,000 for fiscal year 1994, and not to exceed

$14,000,000 for each fiscal year 1995 and 1996.

(b) Limitations

Of such sums appropriated in a fiscal year, 25 percent shall be

available for the activities of the Office of Environmental

Education, 25 percent shall be available for the operation of the

environmental education and training program, 38 percent shall be

available for environmental education grants, 10 percent shall be

available for support of the National Environmental Education and

Training Foundation, and 2 percent shall be available to support

awards pursuant to section 5507(e) of this title.

(c) Availability of funds to National Environmental Education and

Training Foundation

Funds appropriated pursuant to this section may be made available

to the National Environmental Education and Training Foundation to

-

(1) match partially or wholly the amount or value of

contributions (whether in currency, services, or property) made

to the Foundation by private persons and State and local

governments; and

(2) provide administrative services under section 5509(d) of

this title:

Provided, That the Administrator determines that such funds will be

used to carry out the statutory purposes of the Foundation in a

manner consistent with the goals, objectives and programs of this

chapter.

-SOURCE-

(Pub. L. 101-619, Sec. 11, Nov. 16, 1990, 104 Stat. 3339.)

-CITE-