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

Page 1283 TITLE 20—EDUCATION § 5605 the Center and a program for environmental conflict resolution and training at the National Center’’ for ‘‘establish a Program for Environmental Policy Re- search and Environmental Conflict Resolution and Training at the Center’’. Par. (5). Pub. L. 116–94, § 304(2), inserted ‘‘, natural re- source, conflict resolution,’’ after ‘‘environmental’’. Par. (7). Pub. L. 116–94, § 304(3), inserted ‘‘at the Na- tive Nations Institute’’ after ‘‘develop resources’’ and ‘‘providing education to and’’ after ‘‘policy, by’’. Par. (8). Pub. L. 116–94, § 304(4), substituted ‘‘John S. McCain III National Center for Environmental Conflict Resolution’’ for ‘‘United States Institute for Environ- mental Conflict Resolution’’ and ‘‘resolve environ- mental issues, conflicts, and’’ for ‘‘resolve environ- mental’’. 2000—Par. (7). Pub. L. 106–568 inserted before semi- colon at end ‘‘, by conducting management and leader- ship training of Native Americans, Alaska Natives, and others involved in tribal leadership, providing assist- ance and resources for policy analysis, and carrying out other appropriate activities.’’ 1998—Par. (4). Pub. L. 105–156, § 4(1), substituted ‘‘En- vironmental Conflict Resolution and Training’’ for ‘‘an Environmental Conflict Resolution’’. Pars. (8), (9). Pub. L. 105–156, § 4(2)–(4), added pars. (8) and (9). § 5605. Authority of Foundation (a) Authority of Foundation (1) In general (A) General programming authority The 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 com- petition, to eligible individuals, as deter- mined by the Foundation and in accord- ance 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 es- tablished. (B) John S. McCain III National Center for Environmental Conflict Resolution (i) In general The Foundation shall— (I) establish the John S. McCain III Na- tional Center for Environmental Conflict Resolution as part of the Foundation; and (II) identify and conduct such pro- grams, activities, and services as the Foundation determines appropriate to permit the Foundation to provide assess- ment, mediation, collaboration, train- ing, and other related services to re- solve— (aa) environmental disputes; and (bb) Federal, State, or tribal environ- mental 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 resolu- tion provision In providing assessment, mediation, col- laboration, training, and other related services under clause (i)(II) to resolve envi- ronmental disputes, the Foundation shall consider, to the maximum extent prac- ticable, conflict resolution providers with- in the geographic proximity of the con- flict. (2) Scholarships (A) Scholarships shall be awarded to out- standing undergraduate students who intend to pursue careers related to the environment and to outstanding Native American and Alas- ka Native undergraduate students who intend to pursue careers in health care and tribal public policy. (B) An eligible individual awarded a scholar- ship under this chapter may receive payments under this chapter only during such periods as the Foundation finds that the eligible indi- vidual 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 Foun- dation pursuant to regulations of the Board. (C) The Foundation may require reports con- taining such information, in such form, and to be filed at such times as the Foundation deter- mines to be necessary from any eligible indi- vidual awarded a scholarship under this chap- ter. 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 de- voting essentially full time to study or re- search, except as otherwise provided in this subsection. (3) Fellowships Fellowships shall be awarded to— (A) outstanding graduate students who in- tend to pursue advanced degrees in fields re- lated to the environment and to outstanding Native American and Alaska Native grad- uate students who intend to pursue advanced degrees in health care and tribal public pol- icy, 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— (A) deserving and qualified individuals to participate in internships in Federal, State and local agencies or in offices of major en- vironmental organizations pursuant to sec- tion 5604 of this title; and (B) deserving and qualified Native Amer- ican and Alaska Native individuals to par- ticipate in internships in Federal, State and local agencies or in offices of major public health or public policy organizations pursu- ant to section 5604 of this title. (5) Parks in focus The Foundation shall— Page 1284 TITLE 20—EDUCATION § 5605 (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 in- tended to carry out the purpose of para- graphs (1) and (2) of section 5604 of this title; and (B) provide training and education pro- grams and activities to teach Federal em- ployees, natural resource professionals, ele- mentary 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 programs The Foundation shall assist in the develop- ment and implementation of programs at the Center— (A) to provide for an annual meeting of ex- perts to discuss contemporary environ- mental issues; (B) to conduct environmental policy re- search; and (C) to promote dialogue with visiting pol- icymakers on environmental, natural re- source, and public lands issues. (7) Repository The Foundation shall provide direct or indi- rect 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 as- sure such papers’ availability to the public. (8) Coordination The Foundation shall assist in the develop- ment and implementation of a Program for Environmental Policy Research and Environ- mental Conflict Resolution and Training to be located at the Center. (9) Native Nations Institute The Foundation shall provide direct or indi- rect 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 Na- tive professionals and leaders on Native Amer- ican and Alaska Native health care issues and tribal public policy issues as provided in sec- tion 5604(7) of this title. (b) Udall Scholars Recipients of scholarships, fellowships, and in- ternships under this chapter shall be known as ‘‘Udall Scholars’’, ‘‘Udall Fellows’’, and ‘‘Udall Interns’’, respectively. (c) Program priorities (1) In general The Foundation shall determine the priority of the programs to be carried out under this chapter and the amount of funds to be allo- cated for such programs from the funds earned annually from the interest derived from the investment of the Trust Fund, subject to para- graph (2). (2) Limitations In determining the amount of funds to be al- located 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 an- nual 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) Donations Any funds received by the Foundation in the form of donations or grants, as well as any unex- pended 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 provi- sions of this chapter as the Board determines to be necessary and appropriate. (Pub. L. 102–259, § 7, Mar. 19, 1992, 106 Stat. 81; Pub. L. 105–156, §§ 5, 9(b), Feb. 11, 1998, 112 Stat. 9, 12; Pub. L. 111–90, § 6, Nov. 3, 2009, 123 Stat. 2977; Pub. L. 116–94, div. P, title III, § 305, Dec. 20, 2019, 133 Stat. 3188.) Editorial Notes AMENDMENTS 2019—Subsec. (a)(1)(A). Pub. L. 116–94, § 305(1)(A)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘The Foundation, in consulta- tion with the Center, is authorized to identify and con- duct such programs, activities, and services as the Foundation considers appropriate to carry out the pur- poses described in section 5604 of this title. The Foun- dation shall have the authority to award scholarships, fellowships, internships, and grants and fund the Cen- ter to carry out and manage other programs, activities and services.’’ Subsec. (a)(1)(B). Pub. L. 116–94, § 305(1)(A)(i)–(iii)(I), redesignated subpar. (D) as (B), substituted ‘‘John S. McCain III National Center for Environmental Conflict Resolution’’ for ‘‘Institute for Environmental Conflict Resolution’’ in heading, and struck out former subpar. (B) which read as follows: ‘‘The Foundation may pro- vide, directly or by contract, for the conduct of na- tional competition for the purpose of selecting recipi- ents of scholarships, fellowships, internships, and grants awarded under this chapter.’’ Subsec. (a)(1)(B)(i)(I). Pub. L. 116–94, § 305(1)(A)(iii)(II)(aa), substituted ‘‘John S. McCain III National Center for Environmental Conflict Resolu- tion’’ for ‘‘United States Institute for Environmental Conflict Resolution’’. Subsec. (a)(1)(B)(i)(II). Pub. L. 116–94, § 305(1)(A)(iii)(II)(bb), inserted ‘‘collaboration,’’ after ‘‘mediation,’’, substituted ‘‘to resolve—’’ for ‘‘to re- solve environmental disputes.’’, and added items (aa) and (bb). Subsec. (a)(1)(B)(ii). Pub. L. 116–94, § 305(1)(A)(iii)(III), inserted ‘‘collaboration,’’ after ‘‘mediation,’’. Subsec. (a)(1)(C). Pub. L. 116–94, § 305(1)(A)(i), struck out subpar. (C) which read as follows: ‘‘The Foundation may award scholarships, fellowships, internships and grants to eligible individuals in accordance with the provisions of this chapter for study in fields related to the environment and Native American and Alaska Na- tive health care and tribal public policy. Such scholar- ships, fellowships, internships and grants shall be awarded to eligible individuals who meet the minimum criteria established by the Foundation.’’ Page 1285 TITLE 20—EDUCATION § 5607 1 So in original. No par. (2) has been enacted. Subsec. (a)(1)(D). Pub. L. 116–94, § 305(1)(A)(ii), redesig- nated subpar. (D) as (B). Subsec. (a)(5), (6). Pub. L. 116–94, § 305(1)(B), (D), added pars. (5) and (6) and struck out former par. (5) which re- lated to awarding of grants for various purposes. Former par. (6) redesignated (7). Subsec. (a)(7). Pub. L. 116–94, § 305(1)(C), (E), redesig- nated par. (6) as (7) and substituted ‘‘the papers of Mor- ris K. Udall and Stewart L. Udall’’ for ‘‘Morris K. Udall’s papers’’. Former par. (7) redesignated (8). Subsec. (a)(8). Pub. L. 116–94, § 305(1)(C), redesignated par. (7) as (8). Subsec. (a)(9). Pub. L. 116–94, § 305(1)(F), added par. (9). Subsec. (c). Pub. L. 116–94, § 305(2), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘The 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. However, not less than 50 percent shall be utilized for the programs set forth in section 5604(a)(2) of this title, section 5604(a)(3) of this title, and section 5604(a)(4) of this title, not more than 15 percent shall be used for salaries and other administrative pur- poses, and not less than 20 percent shall be appro- priated to the Center for section 5604(a)(5) of this title, section 5604(a)(6) of this title, and section 5604(a)(7) of this title conditioned on a 25-percent match from other sources and further conditioned on adequate space at the Center being made available for the Executive Di- rector and other appropriate staff of the Foundation by the Center.’’ Subsec. (d). Pub. L. 116–94, § 305(3), added subsec. (d). 2009—Subsec. (a)(5)(E). Pub. L. 111–90, § 6(1), added subpar. (E). Subsec. (b). Pub. L. 111–90, § 6(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘Recipients of scholarships, fellow- ships, internships, and grants under this chapter shall be known as ‘Morris K. Udall Scholars’.’’ 1998—Subsec. (a)(1)(D). Pub. L. 105–156, § 5(1), added subpar. (D). Subsec. (a)(6). Pub. L. 105–156, § 9(b), substituted ‘‘Trust Fund’’ for ‘‘Fund’’. Subsec. (a)(7). Pub. L. 105–156, § 5(2), inserted ‘‘and Training’’ after ‘‘Conflict Resolution’’. Statutory Notes and Related Subsidiaries REFERENCES TO UNITED STATES INSTITUTE FOR ENVIRONMENTAL CONFLICT RESOLUTION Pub. L. 116–94, div. P, title III, § 302(c), Dec. 20, 2019, 133 Stat. 3187, provided that: ‘‘Any reference to the United States Institute for Environmental Conflict Resolution in any Federal law, Executive Order, rule, delegation of authority, or document shall be construed to refer to the John S. McCain III National Center for Environmental Conflict Resolution established under section 7(a)(1)(B) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5605(a)(1)(B)).’’ § 5606. Establishment of Morris K. Udall and Stewart L. Udall Trust Fund (a) Establishment of Trust Fund There 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 appro- priated to it pursuant to section 5609(a) of this title and amounts credited to it under sub- section (b). (b) Investment of Trust Fund assets (1) 1 IN GENERAL.—It shall be the duty of the Secretary of the Treasury to invest, at the di- rection 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 securi- ties shall bear interest ‘‘at rates determined by the Secretary of the Treasury taking into con- sideration the current average market yield on outstanding marketable obligations of the United States’’ of comparable maturity. Begin- ning on October 1, 2023, and thereafter, interest earned from investments made with any new ap- propriations to the Trust Fund shall only be available subject to appropriations and is au- thorized to be appropriated to carry out the pro- visions of this chapter. (Pub. L. 102–259, § 8, Mar. 19, 1992, 106 Stat. 82; Pub. L. 105–156, § 9, Feb. 11, 1998, 112 Stat. 12; Pub. L. 111–90, § 7, Nov. 3, 2009, 123 Stat. 2978; Pub. L. 118–47, div. G, title II, § 202, Mar. 23, 2024, 138 Stat. 858.) Editorial Notes AMENDMENTS 2024—Subsec. (b)(1). Pub. L. 118–47 inserted at end ‘‘Beginning on October 1, 2023, and thereafter, interest earned from investments made with any new appropria- tions 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.’’ 2009—Pub. L. 111–90 substituted ‘‘and Stewart L. Udall’’ for ‘‘Scholarship and Excellence in National En- vironmental Policy’’ in section catchline and in subsec. (a). 1998—Subsec. (a). Pub. L. 105–156, § 9(a), substituted ‘‘The Trust Fund’’ for ‘‘The fund’’ and ‘‘5609(a)’’ for ‘‘5609’’. Subsec. (b)(1). Pub. L. 105–156, § 9(b), substituted ‘‘Trust Fund’’ for ‘‘Fund’’ in two places. § 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 provi- sions of this chapter, including a reasonable amount for official reception and representation expenses, as determined by the Board, not to ex- ceed $5,000 for a fiscal year. (b) Audit by Government Accountability Office The activities of the Foundation and the Cen- ter 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 Account- ability Office shall have access to all books, ac- counts, records, reports filed and all other pa- pers, 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. (Pub. L. 102–259, § 9, Mar. 19, 1992, 106 Stat. 83; Pub. L. 105–156, § 9(b), Feb. 11, 1998, 112 Stat. 12; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–90, § 8, Nov. 3, 2009, 123 Stat. 2978.)