20 U.S.C. § 5603 — Establishment of Morris K. Udall and

Page 1281 TITLE 20—EDUCATION § 5603 1 So in original. Probably should be capitalized. 2 So in original. No par. (2) has been enacted. (12) the term ‘‘Trust Fund’’ means the Mor- ris K. Udall and Stewart L. Udall Trust Fund established in section 5606 of this title. (Pub. L. 102–259, § 4, Mar. 19, 1992, 106 Stat. 78; Pub. L. 105–156, § 2, Feb. 11, 1998, 112 Stat. 8; Pub. L. 105–244, title I, § 102(a)(6)(I), Oct. 7, 1998, 112 Stat. 1619; Pub. L. 111–90, § 4, Nov. 3, 2009, 123 Stat. 2977; Pub. L. 116–94, div. P, title III, § 302(a), Dec. 20, 2019, 133 Stat. 3186.) Editorial Notes REFERENCES IN TEXT For ratification of Compact of Free Association with the Republic of Palau, referred to in par. (11), 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. AMENDMENTS 2019—Par. (2). Pub. L. 116–94, § 302(a)(1), substituted ‘‘the Udall Center for Studies in Public Policy estab- lished in 1987 at the University of Arizona, and includes the Native Nations Institute’’ for ‘‘the Udall Center for Studies in Public Policy established at the University of Arizona in 1987’’. Par. (3). Pub. L. 116–94, § 302(a)(4), added par. (3). Former par. (3) redesignated (4). Pars. (4), (5). Pub. L. 116–94, § 302(a)(3), redesignated pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6). Par. (6). Pub. L. 116–94, § 302(a)(2), (3), redesignated par. (5) as (6) and struck out former par. (6) which de- fined the term ‘‘Institute’’. Par. (7). Pub. L. 116–94, § 302(a)(5), substituted ‘‘sec- tion 1001(a) of this title’’ for ‘‘section 1141(a) of this title’’. Par. (8). Pub. L. 116–94, § 302(a)(6), added par. (8). Former par. (8) redesignated (11). Pars. (9), (10). Pub. L. 116–94, § 302(a)(7), added pars. (9) and (10). Former par. (9) redesignated (12). Pars. (11), (12). Pub. L. 116–94, § 302(a)(3), redesignated pars. (8) and (9) as (11) and (12), respectively. 2009—Par. (1). Pub. L. 111–90, § 4(1), struck out ‘‘Morris K. Udall Scholarship and Excellence in National Envi- ronmental Policy’’ before ‘‘Foundation’’. Pars. (5), (9). Pub. L. 111–90, § 4(2), (3), substituted ‘‘and Stewart L. Udall’’ for ‘‘Scholarship and Excel- lence in National Environmental Policy’’. 1998—Pars. (4), (5). Pub. L. 105–156, § 2(1), (2), added par. (4) and redesignated former par. (4) as (5). Former par. (5) redesignated (9). Par. (6). Pub. L. 105–244, which directed the substi- tution of ‘‘section 1001’’ for ‘‘section 1141(a)’’ in par. (6), could not be executed because ‘‘section 1141(a)’’ did not appear in text. Pub. L. 105–156, § 2(3), added par. (6). Former par. (6) redesignated (7). Par. (7). Pub. L. 105–156, § 2(1), (4), redesignated par. (6) as (7) and struck out ‘‘and’’ at end. Former par. (7) re- designated (8). Par. (8). Pub. L. 105–156, § 2(1), (5), redesignated par. (7) as (8) and substituted ‘‘; and’’ for period at end. Par. (9). Pub. L. 105–156, § 2(1), (6), redesignated par. (5) as (9) and substituted ‘‘ ‘Trust Fund’ ’’ for ‘‘ ‘fund’ ’’ and period for semicolon at end. Statutory Notes and Related Subsidiaries 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 sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. § 5603. Establishment of Morris K. Udall and Stewart L. Udall Foundation (a) Establishment There 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 Trustees The Foundation shall be subject to the super- vision and direction of the Board of Trustees. The Board shall be comprised of thirteen trust- ees, 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 Representa- tives, in consultation with the Minority Lead- er 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, edu- cation, 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 sta- tus 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 Sec- retary’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 Sec- retary’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 Ari- zona shall serve as a nonvoting, ex officio member and shall not be eligible to serve as chairperson.1 (7) The chairperson of the President’s Coun- cil 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 subsection Page 1282 TITLE 20—EDUCATION § 5604 1 So in original. The period probably should not appear. (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 pay Trustees shall serve without pay, but shall be entitled to reimbursement for travel, subsist- ence, 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 and the District of Columbia. (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 Founda- tion 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 a rate determined by the Board in accordance with section 5383 of title 5. (Pub. L. 102–259, § 5, Mar. 19, 1992, 106 Stat. 79; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 655], Sept. 30, 1996, 110 Stat. 3009–314, 3009–369; Pub. L. 105–156, § 3, Feb. 11, 1998, 112 Stat. 8; Pub. L. 111–90, § 5, Nov. 3, 2009, 123 Stat. 2977; Pub. L. 116–94, div. P, title III, § 303, Dec. 20, 2019, 133 Stat. 3187.) Editorial Notes AMENDMENTS 2019—Subsec. (e). Pub. L. 116–94 substituted ‘‘Arizona and the District of Columbia.’’ for ‘‘Arizona.’’ 2009—Pub. L. 111–90, § 5(1), substituted ‘‘and Stewart L. Udall’’ for ‘‘Scholarship and Excellence in National Environmental Policy’’ in section catchline. Subsec. (a). Pub. L. 111–90, § 5(2), substituted ‘‘and Stewart L. Udall’’ for ‘‘Scholarship and Excellence in National Environmental Policy’’. Subsec. (f)(2). Pub. L. 111–90, § 5(3), substituted ‘‘a rate determined by the Board in accordance with section 5383 of title 5’’ for ‘‘the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5’’. 1998—Subsec. (b). Pub. L. 105–156, § 3(1), substituted ‘‘thirteen’’ for ‘‘twelve’’ in introductory provisions. Subsec. (b)(7). Pub. L. 105–156, § 3(2), added par. (7). 1996—Subsec. (c)(1)(C). Pub. L. 104–208 added subpar. (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 re- sources 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 pro- fessionals in the environmental, natural re- source, 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, pro- viding assistance and resources for policy analysis, and carrying out other appropriate activities.; 1 (8) establish as part of the Foundation the John S. McCain III National Center for Envi- ronmental Conflict Resolution to assist the Federal Government in implementing section 4331 of title 42 by providing assessment, medi- ation, and other related services to resolve en- vironmental issues, conflicts, and disputes in- volving 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 re- form). (Pub. L. 102–259, § 6, Mar. 19, 1992, 106 Stat. 80; Pub. L. 105–156, § 4, Feb. 11, 1998, 112 Stat. 9; Pub. L. 106–568, title VIII, § 817(a), Dec. 27, 2000, 114 Stat. 2918; Pub. L. 116–94, div. P, title III, § 304, Dec. 20, 2019, 133 Stat. 3187.) Editorial Notes 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. AMENDMENTS 2019—Par. (4). Pub. L. 116–94, § 304(1), substituted ‘‘es- tablish a program for environmental policy research at