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. (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)2 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 section 5(b)(2) and two trustees appointed pursuant to section 5(b)(3) shall each serve two years; and (ii) as designated by the President, one Trustee appointed pursuant to section 5(b)(1) and two Trustees appointed pursuant to section 5(b)(3) shall each serve four years; and (iii) as designated by the President, one Trustee appointed pursuant to section 5(b)(1), one Trustee appointed pursuant to section 5(b)(2), and one Trustee appointed pursuant to section 5(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)3 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 Execu So in original. Probably should be capitalized. 2 So in original. No paragraph (2) has been enacted. 3 Indention so in original; see section 655 of P.L. 104–208. tive Director shall carry out such other functions consistent with the provisions of this Act 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, United States Code. SEC. 6. [20 U.S.C. 5604] PURPOSE OF THE FOUNDATION. (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; (8) establish as part of the Foundation the United States Institute for Environmental Conflict Resolution to assist the Federal Government in implementing section 101 of the National Environmental Policy Act of 1969 (42 U.S.C. 4331) 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). SEC. 7. [20 U.S.C. 5605] AUTHORITY OF THE FOUNDATION. (a) AUTHORITY OF THE 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 6. 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 Act. (C) The Foundation may award scholarships, fellowships, internships and grants to eligible individuals in accordance with the provisions of this Act 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. INSTITUTE FOR ENVIRONMENTAL (D) 1 RESOLUTION. (i) IN GENERAL.-The Foundation shall CONFLICT (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 Act may receive payments under this Act 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 Act. 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— 1 Indentation so in original. (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 6; 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 6. (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 Act 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 Act 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 6(a)(2), section 6(a)(3), and section 6(a)(4), 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 6(a)(5), section 6(a)(6), and section 6(a)(7) 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. SEC. 8. [20 U.S.C. 5606] ESTABLISHMENT OF THE MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL POLICY TRUST FUND. (a) ESTABLISHMENT OF 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 13(a) and amounts credited to it under subsection (b). (b) INVESTMENT OF FUND ASSETS. (1)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. SEC. 9. [20 U.S.C. 5607] EXPENDITURES AND AUDIT OF TRUST FUND. (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 Act. (b) AUDIT BY GENERAL ACCOUNTING OFFICE.-The activities of the Foundation and the Center under this Act 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. SEC. 10. [20 U.S.C. 5608a] ENVIRONMENTAL DISPUTE RESOLUTION FUND. (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 13(b) and amounts paid into the Fund under section 11. (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 8. (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. 1 So in original. No paragraph (2) has been enacted. |