§ 5607b. — Use of Institute by Federal agency or other entity.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC5607b]
TITLE 20--EDUCATION
CHAPTER 66--MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL
ENVIRONMENTAL POLICY FOUNDATION
Sec. 5607b. Use of Institute by Federal agency or other entity
(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 \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 \1\ related to the environment, public lands, or natural
resources.
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\1\ So in original. Probably should be capitalized.
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(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.
(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.)
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).
Section Referred to in Other Sections
This section is referred to in section 5607a of this title.
