20 U.S.C. § 5509 — National Environmental Education and

Page 1276 TITLE 20—EDUCATION § 5509 (2) Membership of the Task Force shall include the— (A) Department of Education, (B) Department of the Interior, (C) Department of Agriculture, (D) the Environmental Protection Agency, (E) National Oceanic and Atmospheric Ad- ministration, (F) Council on Environmental Quality, (G) Tennessee Valley Authority, and (H) National Science Foundation. (3) The Environmental Protection Agency shall chair the Task Force. (4) The Administrator may ask other Federal agencies to participate in the meetings and ac- tivities of the Task Force where the Adminis- trator finds it appropriate in carrying out the requirements of this chapter. (d) Reports (1) The Advisory Council shall, after providing for public review and comment, submit to the Congress, within 24 months of November 16, 1990, and biennially thereafter, a report which shall— (A) describe and assess the extent and qual- ity of environmental education in the Nation; (B) provide a general description of the ac- tivities conducted pursuant to this chapter and related authorities over the previous 2- year period; (C) summarize major obstacles to improving environmental education (including environ- mental education programs relating to na- tional parks and wildlife refuges) and make recommendations for addressing such obsta- cles; (D) identify personnel skills, education, and training needed to respond to current and an- ticipated environmental problems and make recommendations for actions to assure suffi- cient educational and training opportunities in these professions; and (E) describe and assess the extent and qual- ity of environmental education programs available to senior Americans and make rec- ommendations thereon; describe the various Federal agency programs to further senior en- vironmental education; and evaluate and make recommendations as to how such edu- cational apparatuses could best be coordinated with nonprofit senior organizations across the Nation, and environmental education institu- tions and organizations now in existence. (2) The Federal Task Force on Environmental Education shall review and comment on a draft of the report to Congress. (Pub. L. 101–619, § 9, Nov. 16, 1990, 104 Stat. 3333; Pub. L. 117–286, § 4(a)(150), Dec. 27, 2022, 136 Stat. 4322.) Editorial Notes REFERENCES IN TEXT Section 5703 of title 5, referred to in subsec. (b)(5), was amended generally by Pub. L. 94–22, May 19, 1975, § 4, 89 Stat. 85, and, as so amended, does not contain a subsec. (b). AMENDMENTS 2022—Subsec. (b)(6). Pub. L. 117–286 substituted ‘‘Sec- tion 1013(a) of title 5,’’ for ‘‘Section 14(a) of the Federal Advisory Committee Act’’. Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 5509. National Environmental Education and Training Foundation (a) Establishment and purposes (1) Establishment (A) There is hereby established the National Environmental Education and Training Foun- dation. The Foundation is established in order to extend the contribution of environmental education and training to meeting critical en- vironmental protection needs, both in this country and internationally; to facilitate the cooperation, coordination, and contribution of public and private resources to create an envi- ronmentally advanced educational system; and to foster an open and effective partnership among Federal, State, and local government, business, industry, academic institutions, community based environmental groups, and international organizations. (B) The Foundation is a charitable and non- profit corporation whose income is exempt from tax, and donations to which are tax de- ductible to the same extent as those organiza- tions listed pursuant to section 501(c) of title 26. The Foundation is not an agency or estab- lishment of the United States. (2) Purposes The purposes of the Foundation are— (A) subject to the limitation contained in the final sentence of subsection (d) herein, to encourage, accept, leverage, and admin- ister private gifts for the benefit of, or in connection with, the environmental edu- cation and training activities and services of the United States Environmental Protection Agency; (B) to conduct such other environmental education activities as will further the de- velopment of an environmentally conscious and responsible public, a well-trained and environmentally literate workforce, and an environmentally advanced educational sys- tem; (C) to participate with foreign entities and individuals in the conduct and coordination of activities that will further opportunities for environmental education and training to address environmental issues and problems involving the United States and Canada or Mexico. (3) Programs The Foundation will develop, support, and/or operate programs and projects to educate and train educational and environmental profes- sionals, and to assist them in the development and delivery of environmental education and training programs and studies. Page 1277 TITLE 20—EDUCATION § 5509 (b) Board of Directors (1) Establishment and membership (A) The Foundation shall have a governing Board of Directors (hereafter referred to in this section as ‘‘the Board’’), which shall con- sist of 13 directors, each of whom shall be knowledgeable or experienced in the environ- ment, education and/or training. The Board shall oversee the activities of the Foundation and shall assure that the activities of the Foundation are consistent with the environ- mental and education goals and policies of the Environmental Protection Agency and with the intents and purposes of this chapter. The membership of the Board, to the extent prac- ticable, shall represent diverse points of view relating to environmental education and training. (B) The Administrator of the Environmental Protection Agency shall, pursuant to para- graph (2), appoint the Director of the Office of Environmental Education established pursu- ant to section 5502 of this title as an ex-officio member of the Board. Ex officio membership shall also be offered to other Federal agencies or departments with an interest and/or experi- ence in environmental education and training. (C) Appointment to the Board shall not con- stitute employment by, or the holding of an office of, the United States for the purposes of any Federal law. (2) Appointment and terms (A) Members of the Board shall be appointed by the Administrator of the Environmental Protection Agency. (B) Within 90 days of November 16, 1990, and as appropriate thereafter, the Administrator shall publish in the Federal Register an an- nouncement of appointments of Directors of the Board. At the same time, the Adminis- trator shall transmit a copy of such announce- ment to the Education and Labor Committee and the Committee on Energy and Commerce of the House of Representatives and the Com- mittee on Environment and Public Works of the United States Senate. Such appointments shall become final and effective 90 days after publication in the Federal Register. (C) The directors shall be appointed for terms of 4 years, except that the Adminis- trator, in making the initial appointments to the Board, shall appoint 5 directors to a term of 2 years, 4 directors to a term of 3 years, and 4 directors to a term of 4 years. The Adminis- trator shall appoint an individual to serve as a director in the event of a vacancy on the Board within 60 days of said vacancy in the manner in which the original appointment was made. No individual may serve more than 2 consecutive terms as a director. (3) Chair The Chair shall be elected by the Board from its members for a 2-year term. (4) Quorum A majority of the current membership of the Board shall constitute a quorum for the trans- action of business. (5) Meetings The Board shall meet at the call of the Chair at least twice a year. If a Director misses three consecutive regularly scheduled meet- ings, that individual may be removed from the Board and that vacancy filled in accordance with this subsection. (6) Reimbursement of expenses Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation. (7) General powers (A) The Board may complete the organiza- tion of the Foundation by— (i) appointing officers and employees; (ii) adopting a constitution and bylaws consistent with the purposes of the Founda- tion and the provisions of this section; and (iii) undertaking such other acts as may be necessary to carry out the provisions of this section. (B) The following limitations apply with re- spect to the appointment of officers and em- ployees of the Foundation: (i) Officers and employees may not be ap- pointed until the Foundation has sufficient funds to pay for their service. Officers and employees of the Foundation shall be ap- pointed without regard to the provisions of title 5 governing appointments in the com- petitive service, and may be paid without re- gard to the provisions of chapter 51 or sub- chapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay in effect for grade GS–18 of the General Schedule. (ii) The first officer or employee appointed by the Board shall be the Executive Director of the Foundation who— (I) shall serve, at the direction of the Board, as the Secretary of the Board and the Foundation’s chief executive officer; and (II) shall be experienced in matters relat- ing to environmental education and train- ing. (c) Rights and obligations of Foundation (1) In general The Foundation— (A) shall have perpetual succession; (B) may conduct business throughout the several States, territories, and possessions of the United States and abroad; (C) shall have its principal offices in the District of Columbia or in the greater met- ropolitan area; and (D) shall at all times maintain a des- ignated agent authorized to accept service of process for the Foundation. The service of notice to, or service of notice upon, the agent required under paragraph (4), or mailed to the business address of such agent, shall be deemed as service upon or no- tice to the Foundation. (2) Seal The Foundation shall have an official seal selected by the Board which shall be judicially noticed. Page 1278 TITLE 20—EDUCATION § 5509 (3) Powers To carry out its purposes under subsection (a) of this section, the Foundation shall have, in addition to the powers otherwise given it under this section, the usual powers of a cor- poration acting as a trustee, including the power— (A) to accept, receive, solicit, hold, admin- ister, and use any gift, devise, or bequest, ei- ther absolutely or in trust, of real or per- sonal property or any income therefrom or other interest therein; (B) to acquire by purchase or exchange any real or personal property or interest therein; (C) unless otherwise required by the in- strument of transfer, to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income therefrom; (D) to sue, or to be sued, and complain or defend itself in any court of competent juris- diction, except that the Directors of the Board shall not be personally liable, except for gross negligence; (E) to enter into contracts or other ar- rangements with public agencies and private organizations and persons and to make such payments as may be necessary to carry out its functions; and (F) to do any and all acts necessary and proper to carry out the purposes of the Foundation. (d) Conditions on donations (1) For the purposes of this section, a gift, de- vise, or bequest may be accepted by the Founda- tion even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current future interest therein is for the benefit of the Foundation. (2) No donation, gift, devise, bequest, property (either real or personal), voluntary services, or any other thing of value may be accepted by the Foundation if it— (A) is contingent upon the transmission by the Foundation of materials or information prepared by the donor or a third party in such a fashion as to convey a particular point of view favorable to the economic interests of the donor or its constituents or associates; or (B) in the judgment of the Board carries with it an explicit or implied requirement on the part of the Foundation to do a specific act or make general representations which are to the benefit of the donor and which are not con- sistent with the environmental and education goals and policies of the Environmental Pro- tection Agency and with the intents and pur- poses of this chapter. (3) No materials bearing ‘‘logos’’, letterhead or other means of identification associated with a donor or third party may be transmitted by the Foundation, for use in environmental education and training except as required pursuant to sub- section (f). (e) Administrative services and support Subject to the requirements of this sub- section, the Administrator may provide per- sonnel, facilities, and other administrative serv- ices to the Foundation, including reimburse- ment of expenses under subsection (b)(6) of this section, not to exceed then current Federal Gov- ernment per diem rates, for a period of up to 4 years from November 16, 1990, and may accept reimbursement therefor, to be deposited in the Treasury to the credit of the appropriations then current and chargeable for the costs of pro- viding such services. With respect to personnel, the Administrator may provide no more than 1 full-time employee to serve the Foundation in a policy capacity, and may provide clerical and other support staff at a level equivalent to 2 full-time equivalent employees to the Founda- tion, for a period not to exceed 2 years from the date of initial assignment of any personnel for this purpose. (f) Omitted (g) Volunteer status The Administrator may accept, without re- gard to the civil service classification laws, rules, or regulations, the services of the Founda- tion, the Board, and the officers and employees of the Board, without compensation from the Environmental Protection Agency, as volun- teers in the performance of the functions au- thorized herein, in the manner provided for under this section. (h) Audits and petition of Attorney General for equitable relief For purposes of section 10101 of title 36, the Foundation shall be treated as a corporation in part B of subtitle II of title 36. (i) United States release from liability The United States shall not be liable for any debts, defaults, acts, or omissions of the Foun- dation nor shall the full faith and credit of the United States extend to any obligation of the Foundation. (j) Amendment and repeal The Congress expressly reserves the right to repeal or amend this section at any time. (Pub. L. 101–619, § 10, Nov. 16, 1990, 104 Stat. 3335.) Editorial Notes CODIFICATION Subsec. (f) of this section, which required the Foun- dation, as soon as practicable after the end of each fis- cal year, to transmit to Congress a report of its pro- ceedings and activities, including a full and complete statement of its receipts, expenditures, and invest- ments, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 183 of House Document No. 103–7. In subsec. (h), ‘‘section 10101 of title 36’’ substituted for ‘‘the Act entitled ‘An Act for audit of accounts of private corporations established under Federal law’, approved August 30, 1964 (Public Law 88–504; 36 U.S.C. 1101–1103)’’ and ‘‘a corporation in part B of subtitle II of title 36’’ substituted for ‘‘a private corporation estab- lished under Federal law’’ on authority of Pub. L. 105–225, § 5(b), Aug. 12, 1998, 112 Stat. 1499, the first sec- tion of which enacted Title 36, Patriotic and National Observances, Ceremonies, and Organizations. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and Page 1279 TITLE 20—EDUCATION § 5601 the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2. Committee on Commerce of House of Rep- resentatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdic- tion over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Con- gress, Jan. 3, 2001. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 5510. Authorization (a) Authorization of appropriations There is hereby authorized to be appropriated to the Environmental Protection Agency to carry out this chapter not to exceed $12,000,000 for each fiscal year 1992 and 1993, not to exceed $13,000,000 for fiscal year 1994, and not to exceed $14,000,000 for each fiscal year 1995 and 1996. (b) Limitations Of such sums appropriated in a fiscal year, 25 percent shall be available for the activities of the Office of Environmental Education, 25 per- cent shall be available for the operation of the environmental education and training program, 38 percent shall be available for environmental education grants, 10 percent shall be available for support of the National Environmental Edu- cation and Training Foundation, and 2 percent shall be available to support awards pursuant to section 5507(e) of this title. (c) Availability of funds to National Environ- mental Education and Training Foundation Funds appropriated pursuant to this section may be made available to the National Environ- mental Education and Training Foundation to— (1) match partially or wholly the amount or value of contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local govern- ments; and (2) provide administrative services under section 5509(d) of this title: Provided, That the Administrator determines that such funds will be used to carry out the statutory purposes of the Foundation in a man- ner consistent with the goals, objectives and programs of this chapter. (Pub. L. 101–619, § 11, Nov. 16, 1990, 104 Stat. 3339.) CHAPTER 66—MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION Sec. 5601. Findings. 5602. Definitions. 5603. Establishment of Morris K. Udall and Stewart L. Udall Foundation. Sec. 5604. Purpose of Foundation. 5605. Authority of Foundation. 5606. Establishment of Morris K. Udall and Stewart L. Udall Trust Fund. 5607. Expenditures and audit of Trust Fund. 5607a. Environmental Dispute Resolution Fund. 5607b. Use of the National Center by Federal agency or other entity. 5608. Administrative provisions. 5609. Authorization of appropriations. § 5601. Findings The Congress finds that— (1) for three decades, Congressman Morris K. Udall has served his country with distinction and honor; (2) Congressman Morris K. Udall has had a lasting impact on this Nation’s environment, public lands, and natural resources, and has instilled in this Nation’s youth a love of the air, land, and water; (3) Congressman Morris K. Udall has been a champion of the rights of Native Americans and Alaska Natives and has used his leader- ship in the Congress to strengthen tribal self- governance; (4) it is a fitting tribute to the leadership, courage, and vision Congressman Morris K. Udall exemplifies to establish in his name pro- grams to encourage the continued use, enjoy- ment, education, and exploration of our Na- tion’s rich and bountiful natural resources; (5) the Foundation— (A) since 1995, has operated exceptional scholarship, internship, and fellowship pro- grams for areas of study related to the envi- ronment and Native American tribal policy and health care; (B) since 1999, has provided valuable envi- ronmental conflict resolution services and leadership through the National Center (pre- viously known as the United States Insti- tute for Environmental Conflict Resolution); and (C) is committed to continue making a substantial contribution toward public pol- icy in the future by— (i) playing a significant role in devel- oping the next generation of environ- mental and Native American leaders; and (ii) working with current leaders to im- prove decisionmaking on— (I) challenging environmental, energy, and related economic problems; and (II) tribal governance and economic issues; (6) Stewart L. Udall, as a member of Con- gress, Secretary of the Interior, environ- mental lawyer, and author, has provided dis- tinguished national leadership in environ- mental and Native American policy for more than 50 years; (7) as Secretary of the Interior from 1961 to 1969, Stewart L. Udall oversaw the creation of 4 national parks, 6 national monuments, 8 na- tional seashores and lakeshores, 9 recreation areas, 20 historic sites, and 56 wildlife refuges; and (8) it is fitting that the leadership and vision of Stewart L. Udall in the areas of environ- mental and Native American policy be jointly