20 U.S.C. § 5602 — Definitions

Page 1280 TITLE 20—EDUCATION § 5602 honored with that of Morris K. Udall through the foundation bearing the Udall name. (Pub. L. 102–259, § 3, Mar. 19, 1992, 106 Stat. 78; Pub. L. 111–90, § 3, Nov. 3, 2009, 123 Stat. 2976; Pub. L. 116–94, div. P, title III, § 302(b), Dec. 20, 2019, 133 Stat. 3187.) Editorial Notes AMENDMENTS 2019—Par. (5)(B). Pub. L. 116–94 substituted ‘‘the Na- tional Center (previously known as the United States Institute for Environmental Conflict Resolution)’’ for ‘‘the United States Institute for Environmental Con- flict Resolution’’. 2009—Pars. (5) to (8). Pub. L. 111–90 added pars. (5) to (8). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–47, div. G, title II, § 201, Mar. 23, 2024, 138 Stat. 858, provided that: ‘‘This title [amending sections 5606 and 5609 of this title] may be cited as the ‘Udall Foundation Reauthorization Act of 2024’.’’ SHORT TITLE OF 2009 AMENDMENT Pub. L. 111–90, § 1, Nov. 3, 2009, 123 Stat. 2976, provided that: ‘‘This Act [amending this section, sections 5602, 5603, 5605 to 5607, 5607b, and 5608 of this title, and provi- sions set out as note under this section] may be cited as the ‘Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009’.’’ SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–160, § 1, Dec. 6, 2003, 117 Stat. 2013, provided that: ‘‘This Act [amending section 5609 of this title] may be cited as the ‘Environmental Policy and Conflict Resolution Advancement Act of 2003’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–156, § 1, Feb. 11, 1998, 112 Stat. 8, provided that: ‘‘This Act [enacting sections 5607a and 5607b of this title and amending sections 5602 to 5607, 5608, and 5609 of this title] may be cited as the ‘Environmental Policy and Conflict Resolution Act of 1998’.’’ SHORT TITLE Pub. L. 102–259, § 1, Mar. 19, 1992, 106 Stat. 78, as amended by Pub. L. 111–90, § 2, Nov. 3, 2009, 123 Stat. 2976, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Morris K. Udall and Stewart L. Udall Foundation Act’.’’ FINDINGS Pub. L. 116–94, div. P, title III, § 301, Dec. 20, 2019, 133 Stat. 3186, provided that: ‘‘Congress finds the following: ‘‘(1) Since 1999, the Morris K. Udall and Stewart L. Udall Foundation (referred to in this Act [probably means ‘‘this title’’, title III of div. P of Pub. L. 116–94, which amended this section and sections 5602 to 5605 and 5607a to 5609 of this title and enacted provisions set out as a note under section 5605 of this title] as the ‘Foundation’) has operated the Parks in Focus program to provide opportunities for the youth of the United States to learn about and experience the Na- tion’s parks and wilderness, and other outdoor areas. ‘‘(2) Since 2001, the Foundation has conducted re- search and provided education and training to Native American and Alaska Native professionals and lead- ers on Native American and Alaska Native health care issues and tribal public policy through the Na- tive Nations Institute for Leadership, Management, and Policy. ‘‘(3) The Foundation is committed to continuing to make a substantial contribution toward public policy in the future by— ‘‘(A) playing a significant role in developing the next generation of environmental, public health, public lands, natural resource, and Native Amer- ican leaders; and ‘‘(B) working with current leaders to improve col- laboration and decision-making on challenging en- vironmental, energy, public health, and related eco- nomic problems and tribal governance and eco- nomic development issues.’’ REPEAL OF PREVIOUS LEGISLATION Pub. L. 102–259, § 2, Mar. 19, 1992, 106 Stat. 78, provided that: ‘‘The Morris K. Udall Scholarship and Excellence in National Environmental Policy Act, S. 1176, One Hundred Second Congress, is hereby repealed.’’ [For de- tails concerning purported pocket veto of S. 1176, One Hundred Second Congress, see Weekly Compilation of Presidential Documents, vol. 28 (1992), no. 12, p. 507, Mar. 19, Presidential Statement, and Cong. Rec., vol. 138, pt. 3, p. 4078, Mar. 3, 1992.] § 5602. Definitions For the purposes of this chapter— (1) the term ‘‘Board’’ means the Board of Trustees of the Foundation established under section 5603(b) of this title; (2) the term ‘‘Center’’ means the Udall Cen- ter for Studies in Public Policy established in 1987 at the University of Arizona, and includes the Native Nations Institute; (3) the term ‘‘collaboration’’ means to work in partnership with other entities for the pur- pose of— (A) resolving disputes; (B) addressing issues that may cause or re- sult in disputes; or (C) streamlining and enhancing Federal, State, or tribal environmental and natural resource decision-making processes or proce- dures that may result in a dispute or con- flict; (4) the term ‘‘eligible individual’’ means a citizen or national of the United States or a permanent resident alien of the United States; (5) the term ‘‘environmental dispute’’ means a dispute or conflict relating to the environ- ment, public lands, or natural resources; (6) the term ‘‘Foundation’’ means the Morris K. Udall and Stewart L. Udall Foundation es- tablished under section 5603(a) of this title; (7) the term ‘‘institution of higher edu- cation’’ has the same meaning given to such term by section 1001(a) of this title; (8) the term ‘‘National Center’’ means the John S. McCain III National Center for Envi- ronmental Conflict Resolution established pursuant to section 5605(a)(1)(B) of this title; (9) the term ‘‘Nation’s parks and wilderness’’ means units of the National Park System and components of the National Wilderness Preser- vation System; (10) the term ‘‘Native Nations Institute’’ means the Native Nations Institute for Lead- ership, Management, and Policy established at the University of Arizona in 2001; (11) the term ‘‘State’’ means each of the sev- eral States, the District of Columbia, Guam, the Virgin Islands, American Samoa, the Com- monwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Fed- eral States of Micronesia, and the Republic of Palau (until the Compact of Free Association is ratified); 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