20 U.S.C. § 5604 — Purpose of Foundation

Page 1282 TITLE 20—EDUCATION § 5604 1 So in original. The period probably should not appear. (b)(2) and two trustees appointed pursuant to subsection (b)(3) shall each serve two years; and (ii) as designated by the President, one Trustee appointed pursuant to subsection (b)(1) and two Trustees appointed pursuant to subsection (b)(3) shall each serve four years; and (iii) as designated by the President, one Trustee appointed pursuant to subsection (b)(1), one Trustee appointed pursuant to subsection (b)(2), and one Trustee appointed pursuant to subsection (b)(3) shall each serve six years; (B) a Trustee appointed to fill a vacancy shall serve for the remainder of the term for which the Trustee’s predecessor was appointed and shall be appointed in the same manner as the original appointment for that vacancy was made; and (C) a Trustee may serve after the expiration of the Trustee’s term until a successor has been chosen. (d) Travel and subsistence pay Trustees shall serve without pay, but shall be entitled to reimbursement for travel, subsist- ence, and other necessary expenses incurred in the performance of their duties as members of the Board. (e) Location of Foundation The Foundation shall be located in Tucson, Arizona and the District of Columbia. (f) Executive Director (1) In general There shall be an Executive Director of the Foundation who shall be appointed by the Board. The Executive Director shall be the chief executive officer of the Foundation and shall carry out the functions of the Founda- tion subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions consistent with the provisions of this chapter as the Board shall prescribe. (2) Compensation The Executive Director of the Foundation shall be compensated at a rate determined by the Board in accordance with section 5383 of title 5. (Pub. L. 102–259, § 5, Mar. 19, 1992, 106 Stat. 79; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 655], Sept. 30, 1996, 110 Stat. 3009–314, 3009–369; Pub. L. 105–156, § 3, Feb. 11, 1998, 112 Stat. 8; Pub. L. 111–90, § 5, Nov. 3, 2009, 123 Stat. 2977; Pub. L. 116–94, div. P, title III, § 303, Dec. 20, 2019, 133 Stat. 3187.) Editorial Notes AMENDMENTS 2019—Subsec. (e). Pub. L. 116–94 substituted ‘‘Arizona and the District of Columbia.’’ for ‘‘Arizona.’’ 2009—Pub. L. 111–90, § 5(1), substituted ‘‘and Stewart L. Udall’’ for ‘‘Scholarship and Excellence in National Environmental Policy’’ in section catchline. Subsec. (a). Pub. L. 111–90, § 5(2), substituted ‘‘and Stewart L. Udall’’ for ‘‘Scholarship and Excellence in National Environmental Policy’’. Subsec. (f)(2). Pub. L. 111–90, § 5(3), substituted ‘‘a rate determined by the Board in accordance with section 5383 of title 5’’ for ‘‘the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5’’. 1998—Subsec. (b). Pub. L. 105–156, § 3(1), substituted ‘‘thirteen’’ for ‘‘twelve’’ in introductory provisions. Subsec. (b)(7). Pub. L. 105–156, § 3(2), added par. (7). 1996—Subsec. (c)(1)(C). Pub. L. 104–208 added subpar. (C). § 5604. Purpose of Foundation It is the purpose of the Foundation to— (1) increase awareness of the importance of and promote the benefit and enjoyment of the Nation’s natural resources; (2) foster among the American population greater recognition and understanding of the role of the environment, public lands and re- sources in the development of the United States; (3) identify critical environmental issues; (4) establish a program for environmental policy research at the Center and a program for environmental conflict resolution and training at the National Center; (5) develop resources to properly train pro- fessionals in the environmental, natural re- source, conflict resolution, and related fields; (6) provide educational outreach regarding environmental policy; (7) develop resources at the Native Nations Institute to properly train Native American and Alaska Native professionals in health care and public policy, by providing education to and conducting management and leadership training of Native Americans, Alaska Natives, and others involved in tribal leadership, pro- viding assistance and resources for policy analysis, and carrying out other appropriate activities.; 1 (8) establish as part of the Foundation the John S. McCain III National Center for Envi- ronmental Conflict Resolution to assist the Federal Government in implementing section 4331 of title 42 by providing assessment, medi- ation, and other related services to resolve en- vironmental issues, conflicts, and disputes in- volving agencies and instrumentalities of the United States; and (9) complement the direction established by the President in Executive Order No. 12988 (61 Fed. Reg. 4729; relating to civil justice re- form). (Pub. L. 102–259, § 6, Mar. 19, 1992, 106 Stat. 80; Pub. L. 105–156, § 4, Feb. 11, 1998, 112 Stat. 9; Pub. L. 106–568, title VIII, § 817(a), Dec. 27, 2000, 114 Stat. 2918; Pub. L. 116–94, div. P, title III, § 304, Dec. 20, 2019, 133 Stat. 3187.) Editorial Notes REFERENCES IN TEXT Executive Order No. 12988, referred to in par. (9), is set out as a note under section 519 of Title 28, Judiciary and Judicial Procedure. AMENDMENTS 2019—Par. (4). Pub. L. 116–94, § 304(1), substituted ‘‘es- tablish a program for environmental policy research at 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—