2018 US Code
Title 20 - Education
Chapter 66 - Morris K. Udall and Stewart L. Udall Foundation
Sec. 5607b - Use of Institute by Federal agency or other entity
| 20 U.S.C. § 5607b (2018) |
| §5607b. Use of Institute by Federal agency or other entity |
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(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 generalA Federal agency may enter into a contract and expend funds to obtain the services of the Institute. 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. 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). 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. 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). 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). 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. 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. 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. (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. (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. (f) Agency management or controlUse of the Foundation or Institute 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 the Federal Advisory Committee Act (5 U.S.C. App.). |
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(Pub. L. 102–259, §11, as added Pub. L. 105–156, §7, Feb. 11, 1998, 112 Stat. 10; amended Pub. L. 105–277, div. A, §101(h) [title V, §517(a)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–512; Pub. L. 111–90, §9, Nov. 3, 2009, 123 Stat. 2978.) |
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REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees. PRIOR PROVISIONSA prior section 11 of Pub. L. 102–259 was renumbered section 13 and is classified to section 5609 of this title. AMENDMENTS2009—Subsec. (f). Pub. L. 111–90 added subsec. (f). 1998—Pub. L. 105–277, §101(h) [title V, §517(a)(1)], inserted "or other entity" after "Federal agency" in section catchline. Subsec. (e). Pub. L. 105–277, §101(h) [title V, §517(a)(2)], added subsec. (e). |
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1 So in original. Probably should be capitalized. |
| United States Code, 2018 Edition, Title 20 - EDUCATION |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 20 - EDUCATION CHAPTER 66 - MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION Sec. 5607b - Use of Institute by Federal agency or other entity |
| section 5607b |
| 2018 |
| January 14, 2019 |
| No |
| standard |
| 86 Stat. 770 112 Stat. 10, 2681-480 123 Stat. 2978 |
| Public Law 92-463, Public Law 102-259, Public Law 105-156, Public Law 105-277, Public Law 111-90 |
