-CITE-

20 USC CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND

EXCELLENCE IN NATIONAL ENVIRONMENTAL POLICY

FOUNDATION 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

.

-HEAD-

CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

-MISC1-

Sec.

5601. Findings.

5602. Definitions.

5603. Establishment of Morris K. Udall Scholarship and Excellence

in National Environmental Policy Foundation.

(a) Establishment.

(b) Board of Trustees.

(c) Term of office.

(d) Travel and subsistence pay.

(e) Location of Foundation.

(f) Executive Director.

5604. Purpose of Foundation.

5605. Authority of Foundation.

(a) Authority of Foundation.

(b) Morris K. Udall Scholars.

(c) Program priorities.

5606. Establishment of Morris K. Udall Scholarship and Excellence

in National Environmental Policy Trust Fund.

(a) Establishment of Trust Fund.

(b) Investment of Trust Fund assets.

5607. Expenditures and audit of Trust Fund.

(a) In general.

(b) Audit by General Accounting Office.

5607a. Environmental Dispute Resolution Fund.

(a) Establishment.

(b) Expenditures.

(c) Distinction from Trust Fund.

(d) Investment of amounts.

5607b. Use of Institute by Federal agency or other entity.

(a) Authorization.

(b) Payment.

(c) Notification and concurrence.

(d) Exceptions.

(e) Non-Federal entities.

5608. Administrative provisions.

(a) In general.

(b) The Institute.

5609. Authorization of appropriations.

(a) Trust Fund.

(b) Environmental Dispute Resolution Fund.

(c) Training of professionals in health care and

public policy.

-CITE-

20 USC Sec. 5601 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

-HEAD-

Sec. 5601. Findings

-STATUTE-

The Congress 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, enjoyment,

education, and exploration of our Nation's rich and bountiful

natural resources.

-SOURCE-

(Pub. L. 102-259, Sec. 3, Mar. 19, 1992, 106 Stat. 78.)

-MISC1-

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-156, Sec. 1, Feb. 11, 1998, 112 Stat. 8, provided

that: ''This Act (enacting sections 5607a and 5607b of this title

and amending sections 5602 to 5607, 5608, and 5609 of this title)

may be cited as the 'Environmental Policy and Conflict Resolution

Act of 1998'.''

SHORT TITLE

Section 1 of Pub. L. 102-259 provided that: ''This Act (enacting

this chapter) may be cited as the 'Morris K. Udall Scholarship and

Excellence in National Environmental and Native American Public

Policy Act of 1992'.''

REPEAL OF PREVIOUS LEGISLATION

Section 2 of Pub. L. 102-259 provided that: ''The Morris K. Udall

Scholarship and Excellence in National Environmental Policy Act, S.

1176, One Hundred Second Congress, is hereby repealed.'' (For

details concerning purported pocket veto of S. 1176, One Hundred

Second Congress, see Weekly Compilation of Presidential Documents,

vol. 28 (1992), no. 12, p. 507, Mar. 19, Presidential Statement,

and Cong. Rec., vol. 138, pt. 3, p. 4078.)

-CITE-

20 USC Sec. 5602 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

-HEAD-

Sec. 5602. Definitions

-STATUTE-

For the purposes of this chapter -

(1) the term ''Board'' means the Board of Trustees of the

Morris K. Udall Scholarship and Excellence in National

Environmental Policy Foundation established under 5603(b) of this

title;

(2) the term ''Center'' means the Udall Center for Studies in

Public Policy 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 ''environmental dispute'' means a dispute or

conflict relating to the environment, public lands, or natural

resources;

(5) the term ''Foundation'' means the Morris K. Udall

Scholarship and Excellence in National Environmental Policy

Foundation established under section 5603(a) of this title;

(6) the term ''Institute'' means the United States Institute

for Environmental Conflict Resolution established pursuant to

section 5605(a)(1)(D) of this title;

(7) the term ''institution of higher education'' has the same

meaning given to such term by section 1001 of this title;

(8) the term ''State'' means each of the several States, the

District of Columbia, Guam, the Virgin Islands, American Samoa,

the Commonwealth of the Northern Mariana Islands, the Republic of

the Marshall Islands, the Federal States of Micronesia, and the

Republic of Palau (until the Compact of Free Association is

ratified); and

(9) the term ''Trust Fund'' means the Morris K. Udall

Scholarship and Excellence in National Environmental Policy Trust

Fund established in section 5606 of this title.

-SOURCE-

(Pub. L. 102-259, Sec. 4, Mar. 19, 1992, 106 Stat. 78; Pub. L.

105-156, Sec. 2, Feb. 11, 1998, 112 Stat. 8; Pub. L. 105-244, title

I, Sec. 102(a)(6)(I), Oct. 7, 1998, 112 Stat. 1619.)

-REFTEXT-

REFERENCES IN TEXT

For ratification of Compact of Free Association with the Republic

of Palau, referred to in par. (8), see Proc. No. 6726, Sept. 27,

1994, 59 F.R. 49777, set out as a note under section 1931 of Title

48, Territories and Insular Possessions.

-MISC2-

AMENDMENTS

1998 - Pars. (4), (5). Pub. L. 105-156, Sec. 2(1), (2), added

par. (4) and redesignated former par. (4) as (5). Former par. (5)

redesignated (9).

Par. (6). Pub. L. 105-156, Sec. 2(3), added par. (6). Former par.

(6) redesignated (7).

Par. (7). Pub. L. 105-244, which directed the substitution of

''section 1001'' for ''section 1141(a)'' in par. (6), was executed

by making the substitution in par. (7) to reflect the probable

intent of Congress and the redesignation of par. (6) as (7) by Pub.

L. 105-156, Sec. 2(1). See below.

Pub. L. 105-156, Sec. 2(1), (4), redesignated par. (6) as (7) and

struck out ''and'' at end. Former par. (7) redesignated (8).

Par. (8). Pub. L. 105-156, Sec. 2(1), (5), redesignated par. (7)

as (8) and substituted ''; and'' for period at end.

Par. (9). Pub. L. 105-156, Sec. 2(1), (6), redesignated par. (5)

as (9) and substituted '' 'Trust Fund' '' for '' 'fund' '' and

period for semicolon at end.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

-CITE-

20 USC Sec. 5603 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

-HEAD-

Sec. 5603. Establishment of Morris K. Udall Scholarship and

Excellence in National Environmental Policy Foundation

-STATUTE-

(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.

(b) Board of Trustees

The Foundation shall be subject to the supervision and direction

of the Board of Trustees. The Board shall be comprised of thirteen

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 Representatives, in

consultation with the Minority Leader of the House of

Representatives.

(2) Two Trustees, shall be appointed by the President, with the

advice and consent of the Senate, after considering the

recommendation of the President pro tempore of the Senate, in

consultation with the Majority 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 exploration

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. (FOOTNOTE 1)

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

(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. (FOOTNOTE 1)

(c) Term of office

(1) (FOOTNOTE 2) In general. - The term of office of each member

of the Board shall be six years, except that -

(FOOTNOTE 2) So in original. No par. (2) has been enacted.

(A) in the case of the Trustees first taking offices -

(i) as designated by the President, one Trustee appointed

pursuant to subsection (b)(2) of this section and two trustees

appointed pursuant to subsection (b)(3) of this section shall

each serve two years; and

(ii) as designated by the President, one Trustee appointed

pursuant to subsection (b)(1) of this section and two Trustees

appointed pursuant to subsection (b)(3) of this section shall

each serve four years; and

(iii) as designated by the President, one Trustee appointed

pursuant to subsection (b)(1) of this section, one Trustee

appointed pursuant to subsection (b)(2) of this section, and

one Trustee appointed pursuant to subsection (b)(3) of this

section shall each serve six years;

(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; and

(C) a Trustee may serve after the expiration of the Trustee's

term until a successor has been chosen.

(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.

(e) 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 consistent with the provisions of this

chapter as the Board shall prescribe.

(2) Compensation

The Executive Director of the Foundation shall be compensated

at the rate specified for employees in level IV of the Executive

Schedule under section 5315 of title 5.

-SOURCE-

(Pub. L. 102-259, Sec. 5, Mar. 19, 1992, 106 Stat. 79; Pub. L.

104-208, div. A, title I, Sec. 101(f) (title VI, Sec. 655), Sept.

30, 1996, 110 Stat. 3009-314, 3009-369; Pub. L. 105-156, Sec. 3,

Feb. 11, 1998, 112 Stat. 8.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-156, Sec. 3(1), substituted

''thirteen'' for ''twelve'' in introductory provisions.

Subsec. (b)(7). Pub. L. 105-156, Sec. 3(2), added par. (7).

1996 - Subsec. (c)(1)(C). Pub. L. 104-208 added subpar. (C).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5602 of this title.

-CITE-

20 USC Sec. 5604 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

-HEAD-

Sec. 5604. Purpose of Foundation

-STATUTE-

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 understanding 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

Environmental Conflict Resolution and Training at the Center;

(5) develop resources to properly train professionals in the

environmental and related fields;

(6) provide educational outreach regarding environmental

policy;

(7) develop resources to properly train Native American and

Alaska Native professionals in health care and public policy, by

conducting management and leadership training of Native

Americans, Alaska Natives, and others involved in tribal

leadership, providing assistance and resources for policy

analysis, and carrying out other appropriate activities.;

(FOOTNOTE 1)

(FOOTNOTE 1) So in original. The period probably should not

appear.

(8) establish as part of the Foundation the United States

Institute for Environmental Conflict Resolution to assist the

Federal Government in implementing section 4331 of title 42 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).

-SOURCE-

(Pub. L. 102-259, Sec. 6, Mar. 19, 1992, 106 Stat. 80; Pub. L.

105-156, Sec. 4, Feb. 11, 1998, 112 Stat. 9; Pub. L. 106-568, title

VIII, Sec. 817(a), Dec. 27, 2000, 114 Stat. 2918.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order No. 12988, referred to in par. (9), is set out as

a note under section 519 of Title 28, Judiciary and Judicial

Procedure.

-MISC2-

AMENDMENTS

2000 - Par. (7). Pub. L. 106-568 inserted before semicolon at end

'', by conducting management and leadership training of Native

Americans, Alaska Natives, and others involved in tribal

leadership, providing assistance and resources for policy analysis,

and carrying out other appropriate activities.''

1998 - Par. (4). Pub. L. 105-156, Sec. 4(1), substituted

''Environmental Conflict Resolution and Training'' for ''an

Environmental Conflict Resolution''.

Pars. (8), (9). Pub. L. 105-156, Sec. 4(2)-(4), added pars. (8)

and (9).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5605, 5608, 5609 of this

title.

-CITE-

20 USC Sec. 5605 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

-HEAD-

Sec. 5605. Authority of Foundation

-STATUTE-

(a) Authority of 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 5604 of this title. 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 selecting

recipients of scholarships, fellowships, internships, and grants

awarded under this chapter.

(C) The Foundation may award scholarships, fellowships,

internships and grants to eligible individuals in accordance with

the provisions of this chapter for study in fields related to the

environment and Native American and Alaska Native health care and

tribal public policy. Such scholarships, fellowships,

internships and grants shall be awarded to eligible individuals

who meet the minimum criteria established by the Foundation.

(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.

(2) Scholarships

(A) Scholarships shall be awarded to outstanding undergraduate

students who intend to pursue careers related to the environment

and to outstanding Native American and Alaska Native

undergraduate students who intend to pursue careers in health

care and tribal public policy.

(B) An eligible individual awarded a scholarship under this

chapter may receive payments under this chapter 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

than 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 necessary from any eligible

individual awarded a scholarship under this chapter. Such

reports shall be accompanied by a certificate from an appropriate

official 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 graduate 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 5604

of this title; and

(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 5604 of this title.

(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 policymakers to share the practical

experiences of such for visiting policymakers with the

Foundation.

(6) Repository

The Foundation shall provide direct or indirect assistance from

the proceeds of the Trust 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 appropriate and assure such

papers' availability to the public.

(7) Coordination

The Foundation shall assist in the development and

implementation of a Program for Environmental Policy Research and

Environmental Conflict Resolution and Training to be located at

the Center.

(b) Morris K. Udall Scholars

Recipients of scholarships, fellowships, internships, and grants

under this chapter 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 chapter 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 5604(a)(2)

of this title, section 5604(a)(3) of this title, and section

5604(a)(4) of this title, not more than 15 percent shall be used

for salaries and other administrative purposes, and not less than

20 percent shall be appropriated to the Center for section

5604(a)(5) of this title, section 5604(a)(6) of this title, and

section 5604(a)(7) of this title 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 staff of the Foundation by the Center.

-SOURCE-

(Pub. L. 102-259, Sec. 7, Mar. 19, 1992, 106 Stat. 81; Pub. L.

105-156, Sec. 5, 9(b), Feb. 11, 1998, 112 Stat. 9, 12.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1)(D). Pub. L. 105-156, Sec. 5(1), added

subpar. (D).

Subsec. (a)(6). Pub. L. 105-156, Sec. 9(b), substituted ''Trust

Fund'' for ''Fund''.

Subsec. (a)(7). Pub. L. 105-156, Sec. 5(2), inserted ''and

Training'' after ''Conflict Resolution''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5602 of this title.

-CITE-

20 USC Sec. 5606 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

-HEAD-

Sec. 5606. Establishment of Morris K. Udall Scholarship and

Excellence in National Environmental Policy Trust Fund

-STATUTE-

(a) Establishment of Trust Fund

There is established in the Treasury 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 Trust Fund shall consist of

amounts appropriated to it pursuant to section 5609(a) of this

title and amounts credited to it under subsection (b) of this

section.

(b) Investment of Trust Fund assets

(1) (FOOTNOTE 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 Trust

Fund. Such investments shall be in public debt securities with

maturities suitable to the needs of the Trust Fund. Investments in

public debt securities shall bear interest ''at rates determined by

the Secretary of the Treasury taking into consideration the current

average market yield on outstanding marketable obligations of the

United States'' of comparable maturity.

(FOOTNOTE 1) So in original. No par. (2) has been enacted.

-SOURCE-

(Pub. L. 102-259, Sec. 8, Mar. 19, 1992, 106 Stat. 82; Pub. L.

105-156, Sec. 9, Feb. 11, 1998, 112 Stat. 12.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-156, Sec. 9(a), substituted ''The

Trust Fund'' for ''The fund'' and ''5609(a)'' for ''5609''.

Subsec. (b). Pub. L. 105-156, Sec. 9(b), substituted ''Trust

Fund'' for ''Fund'' in two places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5602, 5607a of this

title.

-CITE-

20 USC Sec. 5607 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

-HEAD-

Sec. 5607. Expenditures and audit of Trust Fund

-STATUTE-

(a) In general

The Foundation shall pay from the interest and earnings of the

Trust Fund such sums as the Board determines are necessary and

appropriate to enable the Foundation to carry out the provisions of

this chapter.

(b) Audit by General Accounting Office

The activities of the Foundation and the Center under this

chapter 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 General

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.

-SOURCE-

(Pub. L. 102-259, Sec. 9, Mar. 19, 1992, 106 Stat. 83; Pub. L.

105-156, Sec. 9(b), Feb. 11, 1998, 112 Stat. 12.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-156 substituted ''Trust Fund''

for ''Fund''.

-CITE-

20 USC Sec. 5607a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

-HEAD-

Sec. 5607a. Environmental Dispute Resolution Fund

-STATUTE-

(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 5609(b) of this title and amounts paid into the

Fund under section 5607b of this title.

(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,

including not to exceed $1,000 annually for official reception and

representation expenses.

(c) Distinction from Trust Fund

The Fund shall be maintained separately from the Trust Fund

established under section 5606 of this title.

(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.

-SOURCE-

(Pub. L. 102-259, Sec. 10, as added Pub. L. 105-156, Sec. 6(b),

Feb. 11, 1998, 112 Stat. 10; amended Pub. L. 105-277, div. A, Sec.

101(h) (title V, Sec. 517(c)), Oct. 21, 1998, 112 Stat. 2681-480,

2681-512.)

-MISC1-

PRIOR PROVISIONS

A prior section 10 of Pub. L. 102-259 was renumbered section 12

and is classified to section 5608 of this title.

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-277 inserted before period at end

'', including not to exceed $1,000 annually for official reception

and representation expenses''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5607b, 5608, 5609 of this

title.

-CITE-

20 USC Sec. 5607b 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

-HEAD-

Sec. 5607b. Use of Institute by Federal agency or other entity

-STATUTE-

(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 5607a of this title.

(c) Notification and concurrence

(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) of this

section.

(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)

of this section.

(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.

(e) Non-Federal entities

(1) Non-Federal entities, including state (FOOTNOTE 1) and local

governments, Native American tribal governments, nongovernmental

organizations and persons, as defined in section 1 of title 1, may

use the Foundation and the Institute to provide assessment,

mediation, or other related services in connection with a dispute

or conflict involving the Federal government (FOOTNOTE 1) related

to the environment, public lands, or natural resources.

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

(2) Payment into the environmental dispute resolution fund. -

Entities utilizing services pursuant to this subsection shall

reimburse the Institute for the costs of services provided. Such

amounts shall be deposited into the Environmental Dispute

Resolution Fund established under section 5607a of this title.

-SOURCE-

(Pub. L. 102-259, Sec. 11, as added Pub. L. 105-156, Sec. 7, Feb.

11, 1998, 112 Stat. 10; amended Pub. L. 105-277, div. A, Sec.

101(h) (title V, Sec. 517(a)), Oct. 21, 1998, 112 Stat. 2681-480,

2681-512.)

-MISC1-

PRIOR PROVISIONS

A prior section 11 of Pub. L. 102-259 was renumbered section 13

and is classified to section 5609 of this title.

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 101(h) (title V, Sec. 517(a)(1)),

inserted ''or other entity'' after ''Federal agency'' in section

catchline.

Subsec. (e). Pub. L. 105-277, Sec. 101(h) (title V, Sec.

517(a)(2)), added subsec. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5607a of this title.

-CITE-

20 USC Sec. 5608 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

-HEAD-

Sec. 5608. Administrative provisions

-STATUTE-

(a) In general

In order to carry out the provisions of this chapter, the

Foundation may -

(1) appoint and fix the compensation of such personnel as may

be necessary to carry out the provisions of this chapter, except

that in no case shall employees other than the Executive Director

be compensated at a rate to exceed the maximum rate for employees

in grade GS-15 of the General Schedule under section 5332 of

title 5;

(2) procure or fund the Center to procure temporary and

intermittent services of experts and consultants as are necessary

to the extent authorized by section 3109 of title 5, 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;

(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;

(6) enter into contracts, grants, or other arrangements or

modifications thereof, to carry out the provisions of this

chapter, and such contracts or modifications thereof may, with

the concurrence of two-thirds of the members of the Board of

Trustees, be entered into without performance or other bonds, and

without regard to section 5 of title 41; and

(7) make other necessary expenditures.

(b) The Institute

The authorities set forth above shall, with the exception of

paragraph (4), apply to the Institute established pursuant to

section 5607a of this title and to the activities of the Foundation

under section 5604(7) of this title.

-SOURCE-

(Pub. L. 102-259, Sec. 12, formerly Sec. 10, Mar. 19, 1992, 106

Stat. 83; renumbered Sec. 12, Pub. L. 105-156, Sec. 6(a), Feb. 11,

1998, 112 Stat. 9; amended Pub. L. 105-277, div. A, Sec. 101(h)

(title V, Sec. 517(b)), Oct. 21, 1998, 112 Stat. 2681-480,

2681-512; Pub. L. 106-568, title VIII, Sec. 817(b), Dec. 27, 2000,

114 Stat. 2918.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-568 inserted before period at end

''and to the activities of the Foundation under section 5604(7) of

this title''.

1998 - Pub. L. 105-277 designated existing provisions as subsec.

(a) and added subsec. (b).

-CITE-

20 USC Sec. 5609 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 66 - MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

-HEAD-

Sec. 5609. Authorization of appropriations

-STATUTE-

(a) Trust Fund

There is authorized to be appropriated to the Trust Fund

$40,000,000 to carry out the provisions of this chapter.

(b) Environmental Dispute Resolution Fund

There are authorized to be appropriated to the Environmental

Dispute Resolution Fund established under section 5607a of this

title -

(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.

(c) Training of professionals in health care and public policy

There is authorized to be appropriated to carry out section

5604(7) of this title $12,300,000 for the 5-fiscal year period

beginning with the fiscal year in which this subsection is enacted.

-SOURCE-

(Pub. L. 102-259, Sec. 13, formerly Sec. 11, Mar. 19, 1992, 106

Stat. 84; renumbered Sec. 13 and amended Pub. L. 105-156, Sec.

6(a), 8, Feb. 11, 1998, 112 Stat. 9, 12; Pub. L. 106-568, title

VIII, Sec. 817(c), Dec. 27, 2000, 114 Stat. 2918.)

-REFTEXT-

REFERENCES IN TEXT

This subsection, referred to in subsec. (c), was enacted by Pub.

L. 106-568, which was approved Dec. 27, 2000.

-MISC2-

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-568 added subsec. (c).

1998 - Pub. L. 105-156, Sec. 8, designated existing provisions as

subsec. (a), inserted heading, substituted ''There is authorized to

be appropriated to the Trust Fund'' for ''There are authorized to

be appropriated to the Fund'', and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5606, 5607a of this

title.

-CITE-