20 U.S.C. § 5607a — Environmental Dispute Resolution Fund

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