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                                                       Calendar No. 432
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-168

======================================================================



 
  ENVIRONMENTAL POLICY AND CONFLICT RESOLUTION ADVANCEMENT ACT OF 2002

                                _______
                                

                 June 21, 2002.--Ordered to be printed

                                _______
                                

   Mr. Jeffords, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 2064]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2064) to reauthorize the United States 
Institute for Environmental Conflict Resolution, and for other 
purposes, having considered the same reports favorably thereon 
and recommends that the bill do pass.

                    General Statement and Background

    The U.S. Institute of Environmental Conflict Resolution is 
a Federal program established by Congress in 1998 to serve as 
an alternative to litigation for environmental disputes. The 
Institute is part of the Morris K. Udall Foundation, 
established in 1992 as an independent agency of the executive 
branch overseen by a board of trustees appointed by the 
President. Although the Foundation was originally charged with 
the task of establishing a program for environmental dispute 
resolution, it lacked the funding and explicit direction that 
would enable it to run a program that could provide conflict 
resolution services. Thus, the Foundation has sponsored 
seminars and workshops on conflict resolution, but it had not 
been unable to provide a program for environmental conflict 
resolution.
    The role of the Institute is to provide direct mediation 
and facilitation assistance on selected cases nationwide. It 
serves a critical role in assessing the nature of a dispute, 
convenes affected parties and assures constructive 
deliberations. The Institute also assists Federal and State 
agencies in intra-agency and interagency disputes as well as 
offering strategic planning, program development, partnering, 
and program evaluation. In the past 4 years, its caseload has 
grown exponentially to cover requested assistance in more than 
100 environmental conflicts across 30 States.
    The Institute assisted the Everglades Task Force in 
defining its role in resolving disputes over the South 
Everglades Restoration Project, worked with the U.S. Forest 
Service, ranchers and environmental advocates in the southwest 
on grazing and environmental compliance issues, and is 
developing a system to resolve disputes among Federal and State 
agencies over transportation projects within the context of the 
Federal Highway Administration's environmental streamlining 
mandate.

                     Objectives of the Legislation

    The funding authorization for the Institute expires in 
fiscal year 2002. S. 2064 reauthorizes the Institute and 
increase its operating funding authority from $1.25 million to 
$4.0 million per year from FY04 through FY08. These costs are 
intended to continue general services, including assistance to 
Federal and State agencies and tribal governments, which may 
not have adequate funds to pay for mediation services. $1 
million of the proposed $4 million is dedicated to a 
participation fund to support participation of non-Federal 
entities to Federal environmental disputes.

                      Section-by-Section Analysis

Section 1. Short Title
    This Act may be cited as the ``Environmental Policy and 
Conflict Resolution Advancement Act of 2002''.
Section 2. Environmental Dispute Resolution Fund
    This section amends Section 13 of the Morris K. Udall 
Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 by authorizing $4 million 
for the Environmental Dispute Resolution Fund for each of 
fiscal years 2004 through 2008. $3 million will be used for 
operations costs and $1 million will be used for grant or other 
arrangements to pay the cost of services

                          Legislative History

    S. 2064 was introduced by Senators McCain, Smith of New 
Hampshire, Jeffords, and Inouye of March 21, 2002 and referred 
to Committee on Environment and Public Works.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2064 on April 25, 2002. The committee favorably 
reported the bill to the Senate on a unanimous voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 2064 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 2064 would not 
impose Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:
                                     U.S. Congress,
                               congressional Budget Office,
                                      Washington, DC, May 13, 2002.

Hon. James M. Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

Dear Mr. Chairman: The Congressional Budget Office has prepared 
the enclosed cost estimate for S. 2064, the Environmental 
Policy and Conflict Resolution Advancement Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton, who can be reached at 226-2860.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

S. 2064, Environmental Policy and Conflict Resolution Advancement Act 
        of 2002, as ordered reported by the Senate Committee on 
        Environment and Public Works on April 25, 2002
Summary
    S. 2064 would reauthorize expenditures of the Environmental 
Dispute Resolution Fund, which pays for the operations of the 
U.S. Institute for Environmental Dispute Resolution. Current 
law authorizes the appropriation of about $1 million a year 
through 2002 to that fund. S. 2064 would authorize the 
appropriation of $4 million a year from fiscal year 2004 
through 2008. The funding would be for operating costs and a 
new grant program to help nonFederal entities, such as State 
and local and tribal governments, use the services of the 
institute.
    Assuming appropriation of the amounts authorized in S. 
2064, CBO estimates that implementing the bill would cost $14 
million over the 2004-2007 period. S. 2064 would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    S. 2064 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on State, local, or tribal 
governments.
Estimated Cost to the Federal Government
    The estimated budgetary impact of S. 2064 is shown in the 
following table. The costs of this legislation fall within 
budget function 300 (environment and natural resources).


                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                   2002    2003    2004    2005    2006    2007
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION:
Spending Under Current Law......................................
    Budget Authority\1\.........................................       1       0       0       0       0       0
    Estimated Outlays...........................................       2       1       0       0       0       0

Proposed Changes................................................
    Authorization Level.........................................       0       0       4       4       4       4
    Estimated Outlays...........................................       0       0       2       4       4       4

Spending Under S. 2064..........................................
    Authorization Level\1\......................................       1       0       4       4       4       4
    Estimated Outlays...........................................       2       1       2       4       4       4
----------------------------------------------------------------------------------------------------------------
\1\The 2002 level is the amount appropriated for that year to the Environmental Dispute Resolution Fund.

Basis of Estimate
    For this estimate, CBO assumes that the amounts authorized 
by the bill would be appropriated for each fiscal year. Outlay 
estimates are based on information from the U.S. Institute for 
Environmental Dispute Resolution, as well as historical 
spending patterns for this program.

Pay-As-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact
    S. 2064 contains no intergovernmental or private-sector 
mandates as defined in UMRA would impose no costs on State, 
local, or tribal governments.

Estimate Prepared By: Federal Costs: Julie Middleton; Impact on 
State, Local, and Tribal Governments: Elyse Goldman; Impact on 
the Private Sector: Lauren Marks.

Estimate Approved By: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:



                           UNITED STATES CODE

                          TITLE 20--EDUCATION

           *       *       *       *       *       *       *


  CHAPTER 66--MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL 
                    ENVIRONMENTAL POLICY FOUNDATION

           *       *       *       *       *       *       *


Sec. 5601. Findings.--The Congress finds that----

           *       *       *       *       *       *       *

Sec. 5609. Authorization of appropriations.--
    (a) Trust Fund.--There is authorized to be appropriated to 
the Trust Fund $40,000,000 to carry out the provisions of this 
chapter.
    [(b) Environmental Dispute Resolution Fund.--There are 
authorized to be appropriated to the Environmental Dispute 
Resolution Fund established under section 5607a of this title--
--
        [(1) $4,250,000 for fiscal year 1998, of which----
                [(A) $3,000,000 shall be for capitalization; 
                and
                [(B) $1,250,000 shall be for operation costs; 
                and
        [(2) $1,250,000 for each of the fiscal years 1999 
        through 2002 for operation costs.]
    (b) Environmental Dispute Resolution Fund.--There is 
authorized to be appropriated to the Environmental Dispute 
Resolution Fund established by section 10 $4,000,000 for each 
of fiscal years 2004 through 2008, of which----
            (1) $3,000,000 shall be used to pay operations 
        costs (including not more than $1,000 for official 
        reception and representation expenses); and
            (2) $1,000,000 shall be used for grants or other 
        appropriate arrangements to pay the costs of services 
        provided in a neutral manner relating to, and to 
        support the participation of non-Federal entities (such 
        as State and local governments, tribal governments, 
        nongovernmental organizations, and individuals) in, 
        environmental conflict resolution proceedings involving 
        Federal agencies.
    (c) Training of professionals in health care and public 
policy
    There is authorized to be appropriated to carry out section 
5604(7) of this title $12,300,000 for the 5-fiscal year period 
beginning with the fiscal year in which this subsection is 
enacted.