20 U.S.C. § 5607b — Use of the National Center by Federal

Page 1286 TITLE 20—EDUCATION § 5607a Editorial Notes AMENDMENTS 2009—Subsec. (a). Pub. L. 111–90 inserted before period at end ‘‘, including a reasonable amount for official re- ception and representation expenses, as determined by the Board, not to exceed $5,000 for a fiscal year’’. 2004—Subsec. (b). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’ in heading and in two places in text. 1998—Subsec. (a). Pub. L. 105–156 substituted ‘‘Trust Fund’’ for ‘‘Fund’’. § 5607a. Environmental Dispute Resolution Fund (a) Establishment There is established in the Treasury of the United States an Environmental Dispute Reso- lution Fund to be administered by the Founda- tion. The Fund shall consist of amounts appro- priated to the Fund under section 5609(b) of this title and amounts paid into the Fund under sec- tion 5607b of this title. (b) Expenditures The Foundation shall expend from the Fund such sums as the Board determines are nec- essary to establish and operate the National Center, including such amounts as are necessary for salaries, administration, the provision of me- diation and other services, and such other ex- penses as the Board determines are necessary, including not to exceed $1,000 annually for offi- cial reception and representation expenses. (c) Distinction from Trust Fund The Fund shall be maintained separately from the Trust Fund established under section 5606 of this title. (d) Investment of amounts (1) In general The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judg- ment of the Secretary, required to meet cur- rent 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 para- graph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (4) Sale of obligations Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (5) Credits to Fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (Pub. L. 102–259, § 10, as added Pub. L. 105–156, § 6(b), Feb. 11, 1998, 112 Stat. 10; amended Pub. L. 105–277, div. A, § 101(h) [title V, § 517(c)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–512; Pub. L. 116–94, div. P, title III, § 306, Dec. 20, 2019, 133 Stat. 3190.) Editorial Notes PRIOR PROVISIONS A prior section 10 of Pub. L. 102–259 was renumbered section 12 and is classified to section 5608 of this title. AMENDMENTS 2019—Subsec. (b). Pub. L. 116–94 substituted ‘‘National Center’’ for ‘‘Institute’’. 1998—Subsec. (b). Pub. L. 105–277 inserted before pe- riod at end ‘‘, including not to exceed $1,000 annually for official reception and representation expenses’’. § 5607b. Use of the National Center by Federal agency or other entity (a) Authorization A Federal agency may use the Foundation and the National Center to provide assessment, me- diation, collaboration, or other related services in connection with a dispute or conflict related to the environment, public lands, or natural re- sources, or with a Federal, State, or tribal proc- ess or procedure that may result in a dispute or conflict. (b) Payment (1) In general A Federal agency may enter into a contract and expend funds to obtain the services of the National Center. (2) Payment into Environmental Dispute Reso- lution 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 Na- tional Center to provide the services described in subsection (a). (2) Notification descriptions In a matter involving two or more agencies or instrumentalities of the Federal Govern- ment, 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 instrumental- ities with a direct interest or involvement in the matter and a statement that all Federal agencies or instrumentalities agree to medi- ation, collaboration, and 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 Page 1287 TITLE 20—EDUCATION § 5608 1 So in original. Probably should be capitalized. Government shall obtain the concurrence of the chairperson of the President’s Council on Environmental Quality before using the Foundation or National Center to provide the services described in subsection (a). (B) Indication of concurrence or nonconcur- rence The chairperson of the President’s Council on Environmental Quality shall indicate concurrence or nonconcurrence under sub- paragraph (A) not later than 20 days after re- ceiving 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 Govern- ment (including branches or divisions of a single agency or instrumentality) that con- cern purely legal issues or matters, interpre- tation or determination of law, or enforce- ment of law by one agency against another agency shall not be submitted to the Foun- dation or National Center. (B) Applicability Subparagraph (A) does not apply to a dis- pute or conflict concerning— (i) agency implementation of a program or project; (ii) a matter involving two or more agen- cies with parallel authority requiring fa- cilitation 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 resolu- tion mechanism or avenue to address or re- solve shall not be submitted to the Foundation or National Center. (e) Non-Federal entities (1) Non-Federal entities, including state 1 and local governments, Native American tribal gov- ernments, nongovernmental organizations and persons, as defined in section 1 of title 1, may use the Foundation and the National Center 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 re- sources. (2) PAYMENT INTO THE ENVIRONMENTAL DISPUTE RESOLUTION FUND.—Entities utilizing services pursuant to this subsection shall reimburse the National Center for the costs of services pro- vided. Such amounts shall be deposited into the Environmental Dispute Resolution Fund estab- lished under section 5607a of this title. (f) Agency management or control Use of the Foundation or National Center to provide independent and impartial assessment, mediation, or other dispute or conflict resolu- tion under this section shall not be considered to be the establishment or use of an advisory committee within the meaning of chapter 10 of title 5. (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; Pub. L. 116–94, div. P, title III, § 307, Dec. 20, 2019, 133 Stat. 3190; Pub. L. 117–286, § 4(a)(151), Dec. 27, 2022, 136 Stat. 4322.) Editorial Notes 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 2022—Subsec. (f). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.).’’ 2019—Pub. L. 116–94, § 307(1), substituted ‘‘the Na- tional Center’’ for ‘‘the Institute’’ in section catchline. Subsec. (a). Pub. L. 116–94, § 307(2), substituted ‘‘Na- tional Center’’ for ‘‘Institute’’ and ‘‘resources, or with a Federal, State, or tribal process or procedure that may result in a dispute or conflict.’’ for ‘‘resources.’’ and inserted ‘‘collaboration,’’ after ‘‘mediation,’’. Subsec. (b)(1). Pub. L. 116–94, § 307(3), substituted ‘‘Na- tional Center’’ for ‘‘Institute’’. Subsec. (c)(1). Pub. L. 116–94, § 307(4)(A), substituted ‘‘National Center’’ for ‘‘Institute’’. Subsec. (c)(2)(C). Pub. L. 116–94, § 307(4)(B), inserted ‘‘mediation, collaboration, and’’ after ‘‘agree to’’. Subsec. (c)(3)(A). Pub. L. 116–94, § 307(4)(C), sub- stituted ‘‘National Center’’ for ‘‘Institute’’. Subsec. (d)(1)(A), (2). Pub. L. 116–94, § 307(5), sub- stituted ‘‘National Center’’ for ‘‘Institute’’. Subsec. (e). Pub. L. 116–94, § 307(6), substituted ‘‘Na- tional Center’’ for ‘‘Institute’’ in pars. (1) and (2). Subsec. (f). Pub. L. 116–94, § 307(7), substituted ‘‘Na- tional Center’’ for ‘‘Institute’’. 2009—Subsec. (f). Pub. L. 111–90 added subsec. (f). 1998—Pub. L. 105–277, § 101(h) [title V, § 517(a)(1)], in- serted ‘‘or other entity’’ after ‘‘Federal agency’’ in sec- tion catchline. Subsec. (e). Pub. L. 105–277, § 101(h) [title V, § 517(a)(2)], added subsec. (e). § 5608. Administrative provisions (a) In general In order to carry out the provisions of this chapter, the Foundation may— (1)(A) appoint such personnel as may be nec- essary to carry out the provisions of this chap- ter, without regard to the provisions of title 5 governing appointments in the competitive service; and (B) fix the compensation of the personnel ap- pointed under subparagraph (A) at a rate not to exceed the maximum rate for employees in grade GS–15 of the General Schedule under section 5332 of title 5, except that up to 4 em- ployees (in addition to the Executive Director under section 5603(f)(2) of this title) may be paid at a rate determined by the Board in ac- cordance with section 5383 of title 5. (2) procure or fund the Center to procure temporary and intermittent services of ex- perts and consultants as are necessary to the extent authorized by section 3109 of title 5, but