Text: H.R.6194 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (09/23/2010)


111th CONGRESS
2d Session
H. R. 6194


To amend the National Environmental Education Act to update, streamline, and modernize that Act, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

September 23, 2010

Mr. Polis of Colorado (for himself and Mr. Castle) introduced the following bill; which was referred to the Committee on Education and Labor


A BILL

To amend the National Environmental Education Act to update, streamline, and modernize that Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “National Environmental Education Reauthorization Act of 2010”.

SEC. 2. Findings and policy.

Section 2 of the National Environmental Education Act (20 U.S.C. 5501) is amended to read as follows:

“SEC. 2. Findings and policy.

“(a) Findings.—Congress finds that—

“(1) threats to human health and environmental quality are increasingly complex, involving a wide range of conventional and toxic contaminants in the air and water and on the land;

“(2) there is growing evidence of international environmental problems, such as global warming, ocean pollution, and declines in species diversity, and that those problems pose serious threats to human health and the environment on a global scale;

“(3) environmental problems represent as significant a threat to the quality of life and the economic vitality of urban areas as they do the natural balance of rural areas;

“(4) to address increasingly serious problems associated with pollution and global climate change, it is necessary to accelerate deployment of low-carbon technologies and clean sources of energy;

“(5) environmental education is a valuable tool to prepare people in the United States to compete globally in high-growth, environmentally friendly fields, such as—

“(A) energy efficiency;

“(B) green building design;

“(C) commercial scale renewable energy;

“(D) biofuels;

“(E) low-emission vehicles;

“(F) energy-efficient manufacturing facilities; and

“(G) the production of environmentally friendly products;

“(6) effective response to complex environmental problems requires understanding of the natural and built environment, awareness of environmental problems and the origins of those problems (including those in urban areas), and the skills to solve those problems;

“(7) development of effective solutions to environmental problems and effective implementation of environmental programs requires a well-educated and trained, professional work force;

“(8) environmental education provides critical tools for that workforce by providing citizens with the skills to understand complex environmental issues so they may make informed decisions in their own lives and find solutions for real world challenges facing the United States as a whole;

“(9) business leaders increasingly believe that an environmentally literate workforce is critical to the long-term success of businesses in the United States;

“(10) environmental education helps prepare students, citizens, professionals, and people from all walks of life to compete for green jobs and business in an increasingly competitive global economy;

“(11) current Federal efforts to inform and educate the public concerning the natural and built environment and environmental problems are not adequate;

“(12) existing Federal support for development and training of professionals in environmental fields is not sufficient;

“(13) the Federal Government, acting through the Environmental Protection Agency, should work with local educational institutions, State education agencies, Indian tribes, tribal education agencies, not-for-profit educational and environmental organizations, noncommercial educational broadcast, cable, and Internet entities, and private sector interests—

“(A) to support development of curricula, special projects, and other activities;

“(B) to increase understanding of the natural and built environment; and

“(C) to improve awareness of environmental problems;

“(14) the Federal Government, acting through the coordinated efforts of Federal agencies and with the Administrator, should work with local educational institutions, State education agencies, Indian tribes, tribal education agencies, not-for-profit educational and environmental organizations, noncommercial educational broadcasting entities, and private sector interests to develop programs to provide increased emphasis and financial resources for the purposes of—

“(A) attracting students into environmental engineering careers; and

“(B) assisting the students in pursuing the programs to complete the advanced technical education required to provide effective problem-solving capabilities for complex environmental issues;

“(15) Federal agencies, such as the Forest Service, United States Fish and Wildlife Service, National Park Service, Bureau of Land Management, and National Oceanic and Atmospheric Administration, have a wide range of environmental expertise and a long history of cooperation with educational institutions and technology transfer that can assist in furthering the purposes of this Act;

“(16) exposure to the natural environment is essential for healthy childhood development and for the physical and emotional health of children and adults; and

“(17) the Federal Government, acting through the Administrator, should work with local educational institutions, State education agencies, Indian tribes, tribal education agencies, not-for-profit educational and environmental organizations, and private sector interests to support environmental education activities and special projects—

“(A) to train, educate, and prepare citizens for careers in environmentally sustainable fields that promote the global transition to less polluting, higher-efficiency technologies and practices;

“(B) to increase understanding of the benefits of exposure to the natural environment;

“(C) to improve understanding of how human and natural systems interact together; and

“(D) to broaden awareness of environmental issues.

“(b) Policy.—It is the policy of the United States to establish and support a program of education on the environment for students, personnel working with students, and the general public, through activities in schools, institutions of higher education, related educational activities, the media, the public health and health care professional communities, and businesses, and to encourage postsecondary students to pursue careers relating to the environment.”.

SEC. 3. Definitions.

Section 3 of the National Environmental Education Act (20 U.S.C. 5502) is amended to read as follows:

“SEC. 3. Definitions.

“In this Act:

“(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.

“(2) ADVISORY COUNCIL.—The term ‘Advisory Council’ means the National Environmental Education Advisory Council established by section 9(a).

“(3) AGENCY.—The term ‘Agency’ means the Environmental Protection Agency.

“(4) BOARD OF DIRECTORS.—The term ‘Board of Directors’ means the Board of Directors of the Foundation.

“(5) ENVIRONMENTAL EDUCATION.—The term ‘environmental education’ means formal and nonformal education—

“(A) regarding the relevant interrelationships between dynamic environmental and human systems, and which results in increasing the capacity of a student for decisionmaking and stewardship regarding natural and community resources;

“(B) that is specifically designed to foster awareness of the environment and associated problems;

“(C) that conveys the knowledge and skills to equip the general public to work individually and collectively toward solutions to current environmental problems and the prevention of new environmental problems; and

“(D) the primary societal goals of which include—

“(i) measurable improvement in environmental quality in a manner calculated—

“(I) to foster and promote the general welfare;

“(II) to create and maintain conditions under which humans and nature can exist in productive harmony; and

“(III) to meet the social, economic, and other requirements of present and future generations of people of the United States;

“(ii) the provision to the public of opportunities to acquire the knowledge, understanding of science, and skills needed to protect and improve the environment; and

“(iii) the encouragement of actions that reflect stewardship of the environment by individuals, groups, and society as a whole.

“(6) ENVIRONMENTAL ENGINEERING.—The term ‘environmental engineering’ means the discipline within engineering and science concerned with the development and application of scientific and technical solutions to protecting the aquatic and atmospheric environment, including all phases of water resources planning, water supply, water treatment, air pollution characterization and control, remediation of hazardous substances, environmental transport of contaminants in surface and ground water and atmosphere, and methods for assessment and control of pollution.

“(7) FEDERAL AGENCY; AGENCY OF THE UNITED STATES.—The terms ‘Federal agency’ and ‘agency of the United States’ mean—

“(A) any department, agency or other instrumentality of the Federal Government; and

“(B) any independent agency or establishment of the Federal Government (including a Government corporation).

“(8) FOUNDATION.—The term ‘Foundation’ means the National Environmental Education Foundation established by section 10.

“(9) INDIAN TRIBE.—The term ‘Indian tribe’ means—

“(A) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); or

“(B) a tribal government or consortia with a mission or resolution or charter to address education or environmental issues.

“(10) LOCAL EDUCATIONAL AGENCY.—

“(A) IN GENERAL.—The term ‘local educational agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(B) INCLUSION.—The term ‘local educational agency’ includes a tribal educational agency.

“(11) NONCOMMERCIAL EDUCATION BROADCASTING ENTITIES.—The term ‘noncommercial education broadcasting entities’ means any noncommercial educational broadcasting station (including any legal nonprofit affiliate of such a station), as defined and licensed by the Federal Communications Commission.

“(12) NONFORMAL EDUCATION.—The term ‘nonformal education’ means any organized educational activity outside the established formal educational system, whether operating separately or as an important feature of some broader activity linked with community groups and other organizations.

“(13) NOT-FOR-PROFIT ORGANIZATION.—The term ‘not-for-profit organization’ means an organization, association, or institution described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of that Code.

“(14) PROGRAM.—The term ‘program’ means the Environmental Education and Training Program established by section 5(a).

“(15) SECRETARY.—The term ‘Secretary’ means the Secretary of Education.

“(16) TRIBAL EDUCATIONAL AGENCY.—The term ‘tribal education agency’ means a school or community college that is—

“(A) controlled by an Indian tribe or Alaska Native Village; and

“(B) not administered by the Bureau of Indian Affairs.”.

SEC. 4. Office of Environmental Education.

Section 4 of the National Environmental Education Act (20 U.S.C. 5503) is amended to read as follows:

“SEC. 4. Office of Environmental Education.

“(a) Establishment.—The Administrator shall establish within the Environmental Protection Agency an Office of Environmental Education.

“(b) Duties.—The Office of Environmental Education shall—

“(1) develop and support programs and related efforts, in consultation and coordination with other Federal agencies, to improve understanding of the natural and built environment, the benefits of exposure to the natural environment, and the relationships between humans and the environment, including the global aspects of environmental problems;

“(2)(A) develop and support programs and related efforts that educate the general public on the benefits of reducing dependence on nonrenewable forms of energy, including—

“(i) the benefits such a reduction may have on global climate change; and

“(ii) the benefits of energy conservation; and

“(B) promote efforts to prepare citizens for employment in environmentally friendly fields that contribute to healthy communities;

“(3) support development and the widest practicable dissemination of model curricula, educational materials, and training programs for elementary and secondary students and other interested groups, including senior citizens in the United States;

“(4) develop and disseminate, in cooperation with other Federal agencies, not-for-profit educational and environmental organizations, State agencies, Indian tribes, tribal education agencies, and noncommercial educational broadcast, cable, and Internet entities, environmental education publications, and audio/visual and other media materials;

“(5) develop and support environmental education seminars, training programs, teleconferences, and workshops for environmental education professionals, as provided for in section 5;

“(6) manage Federal grant assistance provided to local educational agencies, institutions of higher education, other not-for-profit organizations, and electronic education outreach entities, including broadcast, cable, and Internet entities, under sections 5 and 6;

“(7) ensure the operation of the environmental education and training program under section 5;

“(8) promote research, development, and evaluation of effective approaches to achieving an environmentally literate population, as well as an improved environment;

“(9) administer the environmental fellowship programs provided for in section 7;

“(10) administer the environmental awards program provided for in section 8;

“(11) provide staff support to the Advisory Council provided for in section 9;

“(12) assess, in coordination with other Federal agencies, the demand for professional skills and training needed to respond to current and anticipated environmental problems and cooperate with appropriate institutions, organizations, and agencies to develop training programs, curricula, and continuing education programs for teachers, school administrators, and other professionals;

“(13) ensure the coordination of Federal statutes and programs administered by the Agency relating to environmental education, consistent with the provisions and purposes of those programs, and work to reduce duplication or inconsistencies within those programs;

“(14) work with the Department of Education, the Federal Interagency Committee on Education, the National Oceanic and Atmospheric Administration, and other Federal agencies to ensure the effective coordination of programs relating to environmental education, including environmental education programs to encourage outdoor recreation relating to national, State, and local parks, national forests, national marine sanctuaries, and wildlife refuges;

“(15) provide information on environmental education and training programs to local educational agencies, State education and natural resource agencies, Indian tribes, tribal education agencies, and others; and

“(16) otherwise provide for the implementation of this Act.

“(c) Director.—The Office of Environmental Education shall—

“(1) be directed by a Director, who shall be a member of the Senior Executive Service;

“(2) include a headquarters staff of not less than 6 full-time equivalent employees; and

“(3) be supported by at least 1 full-time equivalent employee in each Agency regional office.”.

SEC. 5. Environmental Education and Training Program.

Section 5 of the National Environmental Education Act (20 U.S.C. 5504) is amended to read as follows:

“SEC. 5. Environmental Education and Training Program.

“(a) Establishment.—There is established an Environmental Education and Training Program, the purpose of which shall be to train education professionals in the development and delivery of environmental education and training programs and studies.

“(b) Function and activities.—The functions and activities of the program shall include, at a minimum—

“(1) classroom and online training in environmental education and studies, including environmental sciences and theory, educational methods and practices, environmental career or occupational education, and topical environmental issues and problems;

“(2) demonstration of the design and conduct of environmental field studies and assessments;

“(3) development and dissemination of environmental education programs and curriculum, including programs and curriculum to meet the needs of diverse ethnic and cultural groups;

“(4) sponsorship and management of international exchanges of teachers and other educational professionals between the United States, Canada, and Mexico involved in environmental programs and issues;

“(5) maintenance or support of an electronic library of environmental education materials, information, literature, and technologies, with electronic as well as hard copy accessibility;

“(6) review, evaluation, and dissemination of environmental education materials, training methods, and related programs;

“(7) sponsorship of conferences, seminars, and related forums for the advancement and development of environmental education and training curricula and materials, including international conferences, seminars, and forums;

“(8) support of effective partnerships and networks, as well as other education and environmental organizations, and the use of distant learning technologies with such entities, to leverage resources for the delivery of environmental education;

“(9) provision of assistance to college and university faculty to incorporate environmental education in the training provided to future and current teachers and to educators working in informal settings;

“(10) development and implementation of an environmental education teacher’s resource and curriculum review program;

“(11) support of the development and implementation of a professional certification program for environmental educators;

“(12) support of the integration of environmental education into kindergarten through 12th grade teacher pre-service training; and

“(13) such other activities as the Administrator determines to be consistent with the policies of this Act, with particular emphasis on developing environmental education programs, workshops, and training tools that are portable and can be broadly disseminated.

“(c) Grants.—

“(1) IN GENERAL.—The Administrator shall provide grants to institutions of higher education or other institutions that are not-for-profit institutions (or consortia of such institutions) to operate the program required by this section.

“(2) TERM OF GRANT.—A grant provided to an institution of higher education or consortia under paragraph (1) shall have a multiyear term, as determined by the Administrator.

“(3) APPLICATION.—Any institution of higher education or other institution (or consortia of such institutions) that is a not-for-profit organization and is interested in receiving a grant under this section may submit to the Administrator an application in such form and containing such information as the Administrator may require.

“(4) CRITERIA FOR PROVISION OF GRANTS.—The Administrator shall provide grants under this section on the basis of, with respect to the institution or consortia under consideration—

“(A) the capability to develop environmental education and training programs;

“(B) the capability to deliver training to a range of participants and in a range of settings;

“(C) the expertise of the staff in a range of appropriate disciplines;

“(D) the relative economic effectiveness of the program in terms of the ratio of overhead costs to direct services;

“(E) the capability to make effective use of existing national environmental education resources and programs;

“(F) the results of any evaluation under paragraph (6); and

“(G) such other factors as the Administrator determines to be appropriate.

“(5) PROHIBITION ON USE OF FUNDS.—No funds made available to carry out this section shall be used for the acquisition of real property (including buildings) or the construction or substantial modification of any building.

“(6) REVIEW, EVALUATION, AND TERMINATION.—The Administrator shall establish procedures for—

“(A) a careful and detailed review and evaluation of the program to determine whether the quality of the program being operated by the grantee warrants continued support under this section; and

“(B) the termination of a grant to operate the program if the Administrator determines that the quality of the program does not warrant continued support.

“(d) Eligibility for participation.—Individuals eligible for participation in the program are—

“(1) teachers, faculty, administrators, and related support staff associated with local educational agencies, colleges, and universities;

“(2) employees of State education, environmental protection, and natural resource departments;

“(3) employees of Indian tribes, tribal education agencies, and tribal environment and natural resource departments; and

“(4) employees of not-for-profit organizations involved in environmental education activities and issues.”.

SEC. 6. Environmental education grants.

Section 6 of the National Environmental Education Act (20 U.S.C. 5505) is amended to read as follows:

“SEC. 6. Environmental education grants.

“(a) In general.—The Administrator may enter into a cooperative agreement or contract, or provide financial assistance in the form of a grant, to support projects to design, demonstrate, or disseminate practices, methods, or techniques relating to environmental education and training.

“(b) Eligible activities.—Activities eligible for grant support pursuant to this section shall include—

“(1) environmental education and training programs for—

“(A) design, demonstration, or dissemination of environmental curricula, including development of educational tools and materials;

“(B) design and demonstration of field methods, practices, and techniques, including assessment of environmental and ecological conditions and analysis of environmental pollution problems;

“(C) projects to understand and assess a specific environmental issue or a specific environmental problem;

“(D) provision of training or related education for teachers, faculty, or related personnel in a specific geographical area or region; and

“(E) design and demonstration of projects to foster international cooperation in addressing environmental issues and problems involving the United States and Canada or Mexico; and

“(2) projects that—

“(A) support environmental education research, including through—

“(i) the provision of assistance to Federal, State, tribal, and local officials and not-for-profit entities in applying the results of environmental education research; and

“(ii) the development of improved methods and tools with wide applicability to evaluate, rate, and assess the effectiveness of environmental education;

“(B) develop broad awareness about the need of people in the United States for environmental education by engaging businesses and business associations, health care providers and related associations, and other sectors to encourage the application of environmental education practices and knowledge;

“(C) disseminate environmental education resources to formal and nonformal education organizations;

“(D) provide training or related professional development for formal and nonformal environmental educators or related personnel;

“(E) design, demonstrate, or disseminate environmental curricula and encourage the adoption of the curricula by educational institutions, including development of environmental education tools and materials;

“(F) encourage the integration of environmental education into science, technology, engineering and math education, after-school education, graduation, and promotion requirements, service learning, and civic education;

“(G) design and demonstrate innovative field methods, practices, and techniques that advance environmental education;

“(H) promote the study and use of how human and natural systems interact together to address domestic and international environmental problems;

“(I) promote understanding of the impacts of large segments of society spending increasing amounts of time indoors and assess the value of exposure to the natural environment on physical and mental health;

“(J) improve understanding and assessment of a specific environmental issue or a specific environmental problem;

“(K) promote the implementation of comprehensive green school initiatives that seek to produce environmentally literate students while—

“(i) minimizing or eliminating the environmental footprint of a school; and

“(ii) using the built and natural environments as a learning laboratory and a model of best practice for the local community;

“(L) foster international cooperation in addressing environmental issues and problems involving the United States and Canada or Mexico;

“(M) encourage new, leveraged public or private funding for environmental education; and

“(N) support a professional network of environmental education researchers.

“(c) Priority.—In providing grants pursuant to this section, the Administrator shall give priority to those proposed projects that will develop—

“(1) a new, innovative, or significantly improved environmental education practice, method, or technique that is likely to result in increased environmental literacy or educate and train citizens in fields that promote the sustainability of natural resources;

“(2) an environmental education practice, method, or technique that—

“(A) may have wide application;

“(B) can be easily replicated; and

“(C) can improve the systems for delivery of effective environmental education at the national, regional, and local levels;

“(3) adequate capacity within organizations for the education of citizens and the use of multidisciplinary approaches with respect to environmental issues;

“(4) an environmental education practice, method, or technique that—

“(A) addresses an environmental issue through field-based, quantitative, qualitative, or mixed methodological research;

“(B) has applicability at the community level; and

“(C) encourages service learning through volunteerism;

“(5) effective national, regional, State, and tribal environmental education-related organizations, consortia, and alliances to educate citizens regarding how their actions, individually and collectively, affect environmental quality;

“(6) collaboration, including sharing of resources and expertise, among environmental education organizations and across sectors; or

“(7) an environmental education practice, method, or technique that addresses an environmental issue which, in the judgment of the Administrator, is of a high priority.

“(d) Eligible applicants.—Any local, State, or tribal agency, college or university, not-for-profit organization, or noncommercial educational broadcasting entity may submit an application to the Administrator in response to a solicitation published under paragraph (1).

“(e) Performance of project.—Each project covered by an application approved under this section shall be performed by the applicant, or by a person satisfactory to the applicant and the Administrator.

“(f) Cost-Sharing.—

“(1) FEDERAL AND NON-FEDERAL SHARES.—Except as provided in paragraph (2)—

“(A) the Federal share of the cost of a project funded by a grant provided under this section shall not exceed 75 percent of the total cost of the project; and

“(B) the non-Federal share of the cost of a project described in subparagraph (A) may be provided in the form of in-kind contributions and other noncash support.

“(2) EXCEPTION.—In a case in which the Administrator determines that a proposed project merits support and cannot be undertaken without a higher rate of Federal support, the Administrator may approve a grant under this section with a matching requirement other than that specified in this subsection, including a Federal share of up to 100 percent.

“(g) Maximum grant amount.—A grant provided under this section shall not exceed $500,000.”.

SEC. 7. Environmental fellowships.

Section 7 of the National Environmental Education Act (20 U.S.C. 5506) is amended to read as follows:

“SEC. 7. Environmental fellowships.

“(a) In general.—The Administrator may enter into a cooperative agreement or provide financial assistance in the form of a grant to establish a program to provide for fellowships to postsecondary-level students.

“(b) Purpose.—The purpose of a fellowship provided pursuant to this section shall be to provide students with an opportunity to train with professional staff of the Environmental Protection Agency and nongovernmental organizations involved in environmental issues to gain an understanding and appreciation of issues addressed by, and the skills and abilities possessed by, those staff.

“(c) Management.—The fellowship program shall be managed by the Office of Environmental Education.

“(d) Eligible participants.—Individuals eligible for participation in the fellowship program shall be students enrolled at accredited colleges or universities who have successfully completed not less than 4 courses (or the equivalent) in environmental sciences or related studies, as determined by the Administrator.”.

SEC. 8. Environmental education awards.

Section 8 of the National Environmental Education Act (20 U.S.C. 5507) is amended to read as follows:

“SEC. 8. Environmental education awards.

“(a) In general.—The Administrator shall provide for national awards recognizing outstanding contributions to environmental education.

“(b) Specific awards.—In carrying out this section, the Administrator may develop and administer awards to be known as the ‘President’s Environmental Youth Awards’, to be given to children in grades kindergarten through 12 for outstanding projects to promote local environmental awareness.”.

SEC. 9. Environmental Education Advisory Council.

Section 9 of the National Environmental Education Act (20 U.S.C. 5508) is amended to read as follows:

“SEC. 9. Environmental Education Advisory Council.

“(a) Establishment.—

“(1) IN GENERAL.—There is established a council, to be known as the ‘National Environmental Education Advisory Council’.

“(2) MEMBERSHIP.—The Advisory Council shall consist of up to 11 individuals, appointed by the Administrator, with expertise in environmental education.

“(3) TERM.—Each member of the Advisory Council shall hold office for a term of 3 years, except that—

“(A) any member appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of that term; and

“(B) the terms of the members first taking office, as designated by the Administrator at the time of appointment, shall expire as follows:

“(i) Four shall expire 3 years after the date of enactment of the National Environmental Education Reauthorization Act of 2010.

“(ii) Four shall expire 2 years after that date.

“(iii) Three shall expire 1 year after that date.

“(b) Duties.—The Advisory Council shall advise, consult with, and make recommendations to, the Administrator on matters relating to activities, functions, and policies, including grants, of the Agency under this Act.

“(c) Compensation of Members.—

“(1) NON-FEDERAL EMPLOYEES.—A member of the Advisory Council who is not an officer or employee of the Federal Government may be compensated at a rate fixed by the Administrator, but not exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Advisory Council.

“(2) FEDERAL EMPLOYEES.—A member of the Advisory Council who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.

“(3) TRAVEL EXPENSES.—A member of the Advisory Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Advisory Council.

“(d) Applicability of FACA.—Section 14(a) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council.”.

SEC. 10. National Environmental Education Foundation.

Section 10 of the National Environmental Education Act (20 U.S.C. 5509) is amended—

(1) by striking the section designation and heading and inserting the following:

“SEC. 10. National Environmental Education Foundation”;

(2) in subsection (a)(1)(A)—

(A) in the first sentence, by striking “National Environmental Education and Training Foundation” and inserting “National Environmental Education Foundation”; and

(B) in the second sentence, by inserting “to work cooperatively with the private sector to undertake projects, programs, or initiatives that promote environmental education” after “advanced educational system”;

(3) in subsection (b)(1)(A), in the first sentence, by striking “13 directors” and inserting “not fewer than 9 nor more than 15 directors”; and

(4) by striking subsection (d) and inserting the following:

“(d) Conditions on donations.—For the purposes of this section, a gift, devise, bequest, property (either real or personal), voluntary services, or any other thing of value may be accepted by the Foundation even if it is encumbered, restricted, or subject to beneficial interests of private persons if, in the judgment of the Board—

“(1) any current or future interest in the gift, devise, bequest, property (either real or personal), voluntary services, or any other thing of value is for the benefit of the Foundation; and

“(2) any explicit or implied requirement of such a gift, devise, bequest, property (either real or personal), voluntary services, or any other thing of value is consistent with the environmental and education goals and policies of the Environmental Protection Agency and with the intents and purposes of this Act.”.

SEC. 11. Funding.

Section 11 of the National Environmental Education Act (20 U.S.C. 5510) is amended to read as follows:

“SEC. 11. Funding.

“(a) Authorization of appropriations.—

“(1) IN GENERAL.—There is authorized to be appropriated to the Administrator to carry out this Act—

“(A) $40,000,000 for each of fiscal years 2010 and 2011;

“(B) $42,000,000 for each of fiscal years 2012 and 2013;

“(C) $44,000,000 for each of fiscal years 2014 and 2015;

“(D) $46,000,000 for each of fiscal years 2016 and 2017;

“(E) $48,000,000 for each of fiscal years 2018 and 2019; and

“(F) $50,000,000 for each of fiscal years 2020 and 2021.

“(2) SPECIFIC USE OF FUNDS.—Of the amounts made available under paragraph (1) for a fiscal year for environmental education activities, the Administrator shall distribute funds in the following manner:

“(A) Up to 30 percent for the activities of the Office of Environmental Education under section 4, environmental fellowships under section 7, awards under section 8, and the Environmental Education Advisory Council under section 9.

“(B) Twenty-five percent for the operation of the environmental education and training program under section 5.

“(C) At least 35 percent for environmental education grants under section 6.

“(D) Ten percent for support of the National Environmental Education Foundation under section 10.

“(b) Amounts for foundation.—If the Administrator determines that funds provided to the Foundation will be used to carry out the purposes of the Foundation in a manner consistent with the goals, objectives, and programs of this Act, funds may be so provided—

“(1) to 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, local, and tribal governments; and

“(2) to provide administrative services under section 10(e).”.

SEC. 12. Conforming amendments.

(a) Section 7(f)(2) of the National Environmental Education Act (20 U.S.C. 5506(f)(2)) is amended by striking “local education agency” and inserting “local educational agency”.

(b) Section 8(e) of the National Environmental Education Act (20 U.S.C. 5507(e)) is amended in paragraphs (1) and (3) by striking “local education agency” each place it appears and inserting “local educational agency”.

(c) The table of contents of the National Environmental Education Act (20 U.S.C. prec. 5501) is amended by striking the items relating to sections 2 through 11 and inserting the following:


“Sec. 2. Findings and policy.

“Sec. 3. Definitions.

“Sec. 4. Office of Environmental Education.

“Sec. 5. Environmental Education and Training Program.

“Sec. 6. Environmental education grants.

“Sec. 7. Environmental fellowships.

“Sec. 8. Environmental education awards.

“Sec. 9. Environmental Education Advisory Council.

“Sec. 10. National Environmental Education Foundation.

“Sec. 11. Funding.”.