USC Chapter 66

in effect

20 U.S.C. § 5601 Findings

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; (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; (5) the Foundation—(A) since 1995, has operated exceptional scholarship, internship, and fellowship programs for areas of study related to the environment and Native American tribal policy and health care; (B) since 1999, has provided valuable environmental conflict resolution services and leadership through the National Center (previously known as the United States Institute for Environmental Conflict Resolution); and (C) is committed to continue making a substantial contribution toward public policy in the future by—(i) playing a significant role in developing the next generation of environmental and Native American leaders; and (ii) working with current leaders to improve decisionmaking on—(I) challenging environmental, energy, and related economic problems; and (II) tribal governance and economic issues; (6) Stewart L. Udall, as a member of Congress, Secretary of the Interior, environmental lawyer, and author, has provided distinguished national leadership in environmental and Native American policy for more than 50 years; (7) as Secretary of the Interior from 1961 to 1969, Stewart L. Udall oversaw the creation of 4 national parks, 6 national monuments, 8 national seashores and lakeshores, 9 recreation areas, 20 historic sites, and 56 wildlife refuges; and (8) it is fitting that the leadership and vision of Stewart L. Udall in the areas of environmental and Native American policy be jointly honored with that of Morris K. Udall through the foundation bearing the Udall name.

20 U.S.C. § 5602 Definitions

For the purposes of this chapter— (1) the term “Board” means the Board of Trustees of the Foundation established under section 5603(b) of this title; (2) the term “Center” means the Udall Center for Studies in Public Policy established in 1987 at the University of Arizona, and includes the Native Nations Institute; (3) the term “collaboration” means to work in partnership with other entities for the purpose of—(A) resolving disputes; (B) addressing issues that may cause or result in disputes; or (C) streamlining and enhancing Federal, State, or tribal environmental and natural resource decision-making processes or procedures that may result in a dispute or conflict; (4) the term “eligible individual” means a citizen or national of the United States or a permanent resident alien of the United States; (5) the term “environmental dispute” means a dispute or conflict relating to the environment, public lands, or natural resources; (6) the term “Foundation” means the Morris K. Udall and Stewart L. Udall Foundation established under section 5603(a) of this title; (7) the term “institution of higher education” has the same meaning given to such term by section 1001(a) of this title; (8) the term “National Center” means the John S. McCain III National Center for Environmental Conflict Resolution established pursuant to section 5605(a)(1)(B) of this title; (9) the term “Nation’s parks and wilderness” means units of the National Park System and components of the National Wilderness Preservation System; (10) the term “Native Nations Institute” means the Native Nations Institute for Leadership, Management, and Policy established at the University of Arizona in 2001; (11) 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 (12) the term “Trust Fund” means the Morris K. Udall and Stewart L. Udall Trust Fund established in section 5606 of this title.

20 U.S.C. § 5603 Establishment of Morris K. Udall and Stewart L. Udall Foundation

(a) EstablishmentThere is established as an independent entity of the executive branch of the United States Government, the Morris K. Udall and Stewart L. Udall Foundation. (b) Board of TrusteesThe 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.11 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.1 (c) Term of office(1) 22 So in original. No par. (2) has been enacted. In general.—The term of office of each member of the Board shall be six years, except that—(A) in the case of the Trustees first taking offices—(i) as designated by the President, one Trustee appointed pursuant to subsection (b)(2) and two trustees appointed pursuant to subsection (b)(3) shall each serve two years; and (ii) as designated by the President, one Trustee appointed pursuant to subsection (b)(1) and two Trustees appointed pursuant to subsection (b)(3) shall each serve four years; and (iii) as designated by the President, one Trustee appointed pursuant to subsection (b)(1), one Trustee appointed pursuant to subsection (b)(2), and one Trustee appointed pursuant to subsection (b)(3) 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 payTrustees 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 FoundationThe Foundation shall be located in Tucson, Arizona and the District of Columbia. (f) Executive Director(1) In generalThere 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) CompensationThe Executive Director of the Foundation shall be compensated at a rate determined by the Board in accordance with section 5383 of title 5.

20 U.S.C. § 5604 Purpose of Foundation

It is the purpose of the Foundation to— (1) increase awareness of the importance of and promote the benefit and enjoyment of the Nation’s natural resources; (2) foster among the American population greater recognition and 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 at the Center and a program for environmental conflict resolution and training at the National Center; (5) develop resources to properly train professionals in the environmental, natural resource, conflict resolution, and related fields; (6) provide educational outreach regarding environmental policy; (7) develop resources at the Native Nations Institute to properly train Native American and Alaska Native professionals in health care and public policy, by providing education to and 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.; 11 So in original. The period probably should not appear. (8) establish as part of the Foundation the John S. McCain III National Center 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 issues, conflicts, and 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).

20 U.S.C. § 5605 Authority of Foundation

(a) Authority of Foundation(1) In general(A) General programming authorityThe Foundation is authorized to identify and conduct, directly or by contract, such programs, activities, and services as the Foundation considers appropriate to carry out the purposes described in section 5604 of this title, which may include—(i) awarding scholarships, fellowships, internships, and grants, by national competition, to eligible individuals, as determined by the Foundation and in accordance with paragraphs (2), (3), and (4), for study in fields related to the environment or Native American and Alaska Native health care and tribal policy; (ii) funding the Center to carry out and manage other programs, activities, and services; and (iii) other education programs that the Board determines are consistent with the purposes for which the Foundation is established. (B) John S. McCain III National Center for Environmental Conflict Resolution(i) In generalThe Foundation shall—(I) establish the John S. McCain III National Center 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, collaboration, training, and other related services to resolve—(aa) environmental disputes; and (bb) Federal, State, or tribal environmental or natural resource decision-making processes or procedures that may result in a dispute or conflict that may cause or result in disputes. (ii) Geographic proximity of conflict resolution provisionIn providing assessment, mediation, collaboration, 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) FellowshipsFellowships 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) InternshipsInternships 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) Parks in focusThe Foundation shall—(A) identify and invite the participation of youth throughout the United States to enjoy the Nation’s parks and wilderness and other outdoor areas, in an education program intended to carry out the purpose of paragraphs (1) and (2) of section 5604 of this title; and (B) provide training and education programs and activities to teach Federal employees, natural resource professionals, elementary and secondary school educators, and others to work with youth to promote the use and enjoyment of the Nation’s parks and wilderness and other outdoor areas. (6) Specific programsThe Foundation shall assist in the development and implementation of programs at the Center—(A) to provide for an annual meeting of experts to discuss contemporary environmental issues; (B) to conduct environmental policy research; and (C) to promote dialogue with visiting policymakers on environmental, natural resource, and public lands issues. (7) RepositoryThe 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 the papers of Morris K. Udall and Stewart L. Udall and other such public papers as may be appropriate and assure such papers’ availability to the public. (8) CoordinationThe 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. (9) Native Nations InstituteThe Foundation shall provide direct or indirect assistance to the Native Nations Institute from the annual appropriations to the Trust Fund in such amounts as Congress may direct to conduct research and provide education and training to Native American and Alaska Native professionals and leaders on Native American and Alaska Native health care issues and tribal public policy issues as provided in section 5604(7) of this title. (b) Udall ScholarsRecipients of scholarships, fellowships, and internships under this chapter shall be known as “Udall Scholars”, “Udall Fellows”, and “Udall Interns”, respectively. (c) Program priorities(1) In generalThe 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 from the funds earned annually from the interest derived from the investment of the Trust Fund, subject to paragraph (2). (2) LimitationsIn determining the amount of funds to be allocated for programs carried out under this chapter for a year—(A) not less than 50 percent of such annual interest earnings shall be utilized for the programs set forth in paragraphs (2), (3), (4), and (5) of subsection (a); (B) not more than 17.5 percent of such annual interest earnings shall be allocated for salaries and other administrative purposes; and (C) not less than 20 percent of such annual interest earnings shall be appropriated to the Center for activities under paragraphs (7) and (8) of subsection (a). (d) DonationsAny funds received by the Foundation in the form of donations or grants, as well as any unexpended earnings on interest from the Trust Fund that is carried forward from prior years—(1) shall not be included in the calculation of the funds available for allocations pursuant to subsection (c); and (2) shall be available to carry out the provisions of this chapter as the Board determines to be necessary and appropriate.

20 U.S.C. § 5606 Establishment of Morris K. Udall and Stewart L. Udall Trust Fund

(a) Establishment of Trust FundThere is established in the Treasury of the United States a trust fund to be known as the “Morris K. Udall and Stewart L. Udall 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). (b) Investment of Trust Fund assets(1) 11 So in original. No par. (2) has been enacted. 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. Beginning on October 1, 2023, and thereafter, interest earned from investments made with any new appropriations to the Trust Fund shall only be available subject to appropriations and is authorized to be appropriated to carry out the provisions of this chapter.

20 U.S.C. § 5607 Expenditures and audit of Trust Fund

(a) In generalThe 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, including a reasonable amount for official reception and representation expenses, as determined by the Board, not to exceed $5,000 for a fiscal year. (b) Audit by Government Accountability OfficeThe activities of the Foundation and the Center under this chapter may be audited by the Government Accountability Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. Representatives of the Government Accountability 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.

20 U.S.C. § 5607a Environmental Dispute Resolution Fund

(a) EstablishmentThere 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) ExpendituresThe Foundation shall expend from the Fund such sums as the Board determines are necessary to establish and operate the National Center, 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 FundThe Fund shall be maintained separately from the Trust Fund established under section 5606 of this title. (d) Investment of amounts(1) In generalThe 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 obligationsInvestments may be made only in interest-bearing obligations of the United States. (3) Acquisition of obligationsFor 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 obligationsAny obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (5) Credits to FundThe 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.

20 U.S.C. § 5607b Use of the National Center by Federal agency or other entity

(a) AuthorizationA Federal agency may use the Foundation and the National Center to provide assessment, mediation, collaboration, or other related services in connection with a dispute or conflict related to the environment, public lands, or natural resources, or with a Federal, State, or tribal process or procedure that may result in a dispute or conflict. (b) Payment(1) In generalA Federal agency may enter into a contract and expend funds to obtain the services of the National Center. (2) Payment into Environmental Dispute Resolution FundA 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) NotificationAn 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 National Center to provide the services described in subsection (a). (2) Notification descriptionsIn 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 mediation, collaboration, and dispute resolution; and (D) other relevant information. (3) Concurrence(A) In generalIn 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 National Center to provide the services described in subsection (a). (B) Indication of concurrence or nonconcurrenceThe 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 generalA 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 National Center. (B) ApplicabilitySubparagraph (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 avenuesA 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 National Center. (e) Non-Federal entities(1) Non-Federal entities, including state 11 So in original. Probably should be capitalized. 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 National Center to provide assessment, mediation, or other related services in connection with a dispute or conflict involving the Federal government 1 related to the environment, public lands, or natural resources. (2) Payment into the environmental dispute resolution fund.—Entities utilizing services pursuant to this subsection shall reimburse the National Center for the costs of services provided. Such amounts shall be deposited into the Environmental Dispute Resolution Fund established under section 5607a of this title. (f) Agency management or controlUse of the Foundation or National Center to provide independent and impartial assessment, mediation, or other dispute or conflict resolution under this section shall not be considered to be the establishment or use of an advisory committee within the meaning of chapter 10 of title 5.

20 U.S.C. § 5608 Administrative provisions

(a) In generalIn order to carry out the provisions of this chapter, the Foundation may—(1)(A) appoint such personnel as may be necessary to carry out the provisions of this chapter, without regard to the provisions of title 5 governing appointments in the competitive service; and (B) fix the compensation of the personnel appointed under subparagraph (A) at a rate not to exceed the maximum rate for employees in grade GS–15 of the General Schedule under section 5332 of title 5, except that up to 4 employees (in addition to the Executive Director under section 5603(f)(2) of this title) may be paid at a rate determined by the Board in accordance with section 5383 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, solicit, administer, and utilize donations, grants, and 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 6101 of title 41; (7) to 11 So in original. The word “to” probably should not appear. rent office space in the District of Columbia and Tucson, Arizona, or their environs; and (8) make other necessary expenditures. (b) The InstituteThe authorities set forth above shall apply to the National Center established pursuant to section 5607a of this title and to the activities of the Foundation under section 5604(7) of this title.

20 U.S.C. § 5609 Authorization of appropriations

(a) Trust FundThere is authorized to be appropriated to the Trust Fund $2,000,000 for each of fiscal years 2020 through 2029 to carry out the provisions of this chapter. (b) Environmental Dispute Resolution FundThere is authorized to be appropriated to the Environmental Dispute Resolution Fund established by section 5607a of this title $4,000,000 for each of fiscal years 2020 through 2029, of which—(1) $3,000,000 shall be used to pay operations costs (including not more than $1,000 for official reception and representation expenses); and (2) $1,000,000 shall be used for grants or other appropriate arrangements to pay the costs of services provided in a neutral manner relating to, and to support the participation of non-Federal entities (such as State and local governments, tribal governments, nongovernmental organizations, and individuals) in, environmental conflict resolution proceedings involving Federal agencies. (c) Training of professionals in health care and public policyThere 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 fiscal year 2025.