Title 20 — Education
Chapter 66 — Morris K. Udall and Stewart L. Udall Foundation
§ 5607b. Use of the National Center by Federal agency or other entity
Statutory text
Authorization
A Federal agency may use the Foundation and the National Center to provide assessment, mediation, collaboration, or other related services in connection with a dispute or conflict related to the environment, public lands, or natural resources, or with a Federal, State, or tribal process or procedure that may result in a dispute or conflict.
Payment
In general
A Federal agency may enter into a contract and expend funds to obtain the services of the National Center.
Payment into Environmental Dispute Resolution 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.
Notification and concurrence
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 National Center to provide the services described in subsection (a).
Notification descriptions
In a matter involving two or more agencies or instrumentalities of the Federal Government, notification under paragraph (1) shall include a written description of—
the issues and parties involved;
prior efforts, if any, undertaken by the agency to resolve or address the issue or issues;
all Federal agencies or instrumentalities with a direct interest or involvement in the matter and a statement that all Federal agencies or instrumentalities agree to mediation, collaboration, and dispute resolution; and
other relevant information.
Concurrence
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 Government shall obtain the concurrence of the chairperson of the President’s Council on Environmental Quality before using the Foundation or National Center to provide the services described in subsection (a).
Indication of concurrence or nonconcurrence
The chairperson of the President’s Council on Environmental Quality shall indicate concurrence or nonconcurrence under subparagraph (A) not later than 20 days after receiving notice under paragraph (2).
Exceptions
Legal issues and enforcement
In general
A dispute or conflict involving agencies or instrumentalities of the Federal Government (including branches or divisions of a single agency or instrumentality) that concern purely legal issues or matters, interpretation or determination of law, or enforcement of law by one agency against another agency shall not be submitted to the Foundation or National Center.
Applicability
Subparagraph (A) does not apply to a dispute or conflict concerning—
agency implementation of a program or project;
a matter involving two or more agencies with parallel authority requiring facilitation and coordination of the various Government agencies; or
a nonlegal policy or decisionmaking matter that involves two or more agencies that are jointly operating a project.
Other mandated mechanisms or avenues
A dispute or conflict involving agencies or instrumentalities of the Federal Government (including branches or divisions of a single agency or instrumentality) for which Congress by law has mandated another dispute resolution mechanism or avenue to address or resolve shall not be submitted to the Foundation or National Center.
Non-Federal entities
Non-Federal entities, including state 1 and local governments, Native American tribal governments, nongovernmental organizations and persons, as defined in section 1 of title 1, may use the Foundation and the National Center to provide assessment, mediation, or other related services in connection with a dispute or conflict involving the Federal government 1 related to the environment, public lands, or natural resources.
Payment into the environmental dispute resolution fund.—
Entities utilizing services pursuant to this subsection shall reimburse the National Center for the costs of services provided. Such amounts shall be deposited into the Environmental Dispute Resolution Fund established under section 5607a of this title.
Agency management or control
Use of the Foundation or National Center to provide independent and impartial assessment, mediation, or other dispute or conflict resolution under this section shall not be considered to be the establishment or use of an advisory committee within the meaning of chapter 10 of title 5.
Footnotes
- 1 So in original. Probably should be capitalized.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992
Pub. L. 102–259 § 11 · 106 Stat. 78
Enacted · 20 U.S.C. § 5607b
Pub. L. 102–259, § 11, as added Pub. L. 105–156, § 7, Feb. 11, 1998, 112 Stat. 10
Source evidence
Code source credit
Pub. L. 102–259, § 11, as added Pub. L. 105–156, § 7, Feb. 11, 1998, 112 Stat. 10Enacted provision · exact public law section
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund $40,000,000 to carry out the provisions of this Act.Pub. L. 105–277 § 101(h)(tV)(s517)(a)(1) · 112 Stat. 2681
Inserted · 20 U.S.C. § 5607b
Pub. L. 105–277, § 101(h) [title V, § 517(a)(1)], inserted “or other entity” after “Federal agency” in section catchline
Source evidence
Code amendment note
Pub. L. 105–277, § 101(h) [title V, § 517(a)(1)], inserted “or other entity” after “Federal agency” in section catchline.Enacted provision · exact public law section
Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.Pub. L. 105–277 § 101(h)(tV)(s517)(a)(2) · 112 Stat. 2681
Added · 20 U.S.C. § 5607b(e)
Pub. L. 105–277, § 101(h) [title V, § 517(a)(2)], added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 105–277, § 101(h) [title V, § 517(a)(2)], added subsec. (e).Enacted provision · exact public law section
Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009
Pub. L. 111–90 § 9 · 123 Stat. 2976
Added · 20 U.S.C. § 5607b(f)
Pub. L. 111–90 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 111–90 added subsec. (f).Enacted provision · exact public law section
SEC. 9. USE OF INSTITUTE BY FEDERAL AGENCY OR OTHER ENTITY. Section 11 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5607b) is amended by adding at the end the following: “(f) Agency Management or Control.— Use of the Foundation or Institute to provide independent and impartial assessment, mediation, or other dispute or conflict resolution under this section shall not be considered to be the establishment or use of an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.).” .Department of Education Appropriations Act, 2020
Pub. L. 116–94 § 307(1) · 133 Stat. 2534
Substituted · 20 U.S.C. § 5607b
Pub. L. 116–94, § 307(1), substituted “the National Center” for “the Institute” in section catchline
Source evidence
Code amendment note
Pub. L. 116–94, § 307(1), substituted “the National Center” for “the Institute” in section catchline.Enacted provision · exact public law section
Sec. 307. Funds appropriated in this Act under the heading “Student Aid Administration” may be available for payments for student loan servicing to an institution of higher education that services outstanding Federal Perkins Loans under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).Department of Education Appropriations Act, 2020
Pub. L. 116–94 § 307(2) · 133 Stat. 2534
Substituted · 20 U.S.C. § 5607b(a)
Pub. L. 116–94, § 307(2), substituted “National Center” for “Institute”
Substituted · 20 U.S.C. § 5607b(a)
Pub. L. 116–94, § 307(2), substituted “resources, or with a Federal, State, or tribal process or procedure that may result in a dispute or conflict.” for “resources.”
Inserted · 20 U.S.C. § 5607b(a)
Pub. L. 116–94, § 307(2), inserted “collaboration,” after “mediation,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–94, § 307(2), substituted “National Center” for “Institute” and “resources, or with a Federal, State, or tribal process or procedure that may result in a dispute or conflict.” for “resources.” and inserted “collaboration,” after “mediation,”.Enacted provision · exact public law section
Sec. 307. Funds appropriated in this Act under the heading “Student Aid Administration” may be available for payments for student loan servicing to an institution of higher education that services outstanding Federal Perkins Loans under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).Department of Education Appropriations Act, 2020
Pub. L. 116–94 § 307(3) · 133 Stat. 2534
Substituted · 20 U.S.C. § 5607b(b)(1)
Pub. L. 116–94, § 307(3), substituted “National Center” for “Institute”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 116–94, § 307(3), substituted “National Center” for “Institute”.Enacted provision · exact public law section
Sec. 307. Funds appropriated in this Act under the heading “Student Aid Administration” may be available for payments for student loan servicing to an institution of higher education that services outstanding Federal Perkins Loans under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).Department of Education Appropriations Act, 2020
Pub. L. 116–94 § 307(4)(A) · 133 Stat. 2534
Substituted · 20 U.S.C. § 5607b(c)(1)
Pub. L. 116–94, § 307(4)(A), substituted “National Center” for “Institute”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 116–94, § 307(4)(A), substituted “National Center” for “Institute”.Enacted provision · exact public law section
Sec. 307. Funds appropriated in this Act under the heading “Student Aid Administration” may be available for payments for student loan servicing to an institution of higher education that services outstanding Federal Perkins Loans under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).Department of Education Appropriations Act, 2020
Pub. L. 116–94 § 307(4)(B) · 133 Stat. 2534
Inserted · 20 U.S.C. § 5607b(c)(2)(C)
Pub. L. 116–94, § 307(4)(B), inserted “mediation, collaboration, and” after “agree to”
Source evidence
Code amendment note
Subsec. (c)(2)(C). Pub. L. 116–94, § 307(4)(B), inserted “mediation, collaboration, and” after “agree to”.Enacted provision · exact public law section
Sec. 307. Funds appropriated in this Act under the heading “Student Aid Administration” may be available for payments for student loan servicing to an institution of higher education that services outstanding Federal Perkins Loans under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).Department of Education Appropriations Act, 2020
Pub. L. 116–94 § 307(4)(C) · 133 Stat. 2534
Substituted · 20 U.S.C. § 5607b(c)(3)(A)
Pub. L. 116–94, § 307(4)(C), substituted “National Center” for “Institute”
Source evidence
Code amendment note
Subsec. (c)(3)(A). Pub. L. 116–94, § 307(4)(C), substituted “National Center” for “Institute”.Enacted provision · exact public law section
Sec. 307. Funds appropriated in this Act under the heading “Student Aid Administration” may be available for payments for student loan servicing to an institution of higher education that services outstanding Federal Perkins Loans under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).Department of Education Appropriations Act, 2020
Pub. L. 116–94 § 307(5) · 133 Stat. 2534
Substituted · 20 U.S.C. § 5607b(d)(1)(A); 20 U.S.C. § 5607b(d)(1)(2)
Pub. L. 116–94, § 307(5), substituted “National Center” for “Institute”
Source evidence
Code amendment note
Subsec. (d)(1)(A), (2). Pub. L. 116–94, § 307(5), substituted “National Center” for “Institute”.Enacted provision · exact public law section
Sec. 307. Funds appropriated in this Act under the heading “Student Aid Administration” may be available for payments for student loan servicing to an institution of higher education that services outstanding Federal Perkins Loans under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).Department of Education Appropriations Act, 2020
Pub. L. 116–94 § 307(6) · 133 Stat. 2534
Substituted · 20 U.S.C. § 5607b(e)
Pub. L. 116–94, § 307(6), substituted “National Center” for “Institute” in pars. (1) and (2)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 116–94, § 307(6), substituted “National Center” for “Institute” in pars. (1) and (2).Enacted provision · exact public law section
Sec. 307. Funds appropriated in this Act under the heading “Student Aid Administration” may be available for payments for student loan servicing to an institution of higher education that services outstanding Federal Perkins Loans under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).Department of Education Appropriations Act, 2020
Pub. L. 116–94 § 307(7) · 133 Stat. 2534
Substituted · 20 U.S.C. § 5607b(f)
Pub. L. 116–94, § 307(7), substituted “National Center” for “Institute”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 116–94, § 307(7), substituted “National Center” for “Institute”.Enacted provision · exact public law section
Sec. 307. Funds appropriated in this Act under the heading “Student Aid Administration” may be available for payments for student loan servicing to an institution of higher education that services outstanding Federal Perkins Loans under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).Pub. L. 117–286 § 4(a)(151) · 136 Stat. 4196
Substituted · 20 U.S.C. § 5607b(f)
Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).”Enacted provision · exact public law section
(151) Section 11(f) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5607b(f)) is amended by striking “the Federal Advisory Committee Act (5 U.S.C. App.).” and inserting “chapter 10 of title 5, United States Code.”.
16 of 16 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 11 of Pub. L. 102–259 was renumbered section 13 and is classified to section 5609 of this title.
Amendments1998–2022 · 4 rounds
2022
Subsec. (f). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).”
2019
Pub. L. 116–94, § 307(1), substituted “the National Center” for “the Institute” in section catchline.
Subsec. (a). Pub. L. 116–94, § 307(2), substituted “National Center” for “Institute” and “resources, or with a Federal, State, or tribal process or procedure that may result in a dispute or conflict.” for “resources.” and inserted “collaboration,” after “mediation,”.
Subsec. (b)(1). Pub. L. 116–94, § 307(3), substituted “National Center” for “Institute”.
Subsec. (c)(1). Pub. L. 116–94, § 307(4)(A), substituted “National Center” for “Institute”.
Subsec. (c)(2)(C). Pub. L. 116–94, § 307(4)(B), inserted “mediation, collaboration, and” after “agree to”.
Subsec. (c)(3)(A). Pub. L. 116–94, § 307(4)(C), substituted “National Center” for “Institute”.
Subsec. (d)(1)(A), (2). Pub. L. 116–94, § 307(5), substituted “National Center” for “Institute”.
Subsec. (e). Pub. L. 116–94, § 307(6), substituted “National Center” for “Institute” in pars. (1) and (2).
Subsec. (f). Pub. L. 116–94, § 307(7), substituted “National Center” for “Institute”.
2009
Subsec. (f). Pub. L. 111–90 added subsec. (f).
1998
Pub. L. 105–277, § 101(h) [title V, § 517(a)(1)], inserted “or other entity” after “Federal agency” in section catchline.
Subsec. (e). Pub. L. 105–277, § 101(h) [title V, § 517(a)(2)], added subsec. (e).
Credits
1998–2022 · 5 acts
- 1998Pub. L. 102–259, § 11, as added Pub. L. 105–156, § 7, , 112 Stat. 10
- 1998amended Pub. L. 105–277, div. A, § 101(h) [title V, § 517(a)], , 112 Stat. 2681–480, 2681–512
- 2009Pub. L. 111–90, § 9, , 123 Stat. 2978
- 2019Pub. L. 116–94, div. P, title III, § 307, , 133 Stat. 3190
- 2022Pub. L. 117–286, § 4(a)(151), , 136 Stat. 4322.
Show as published
(Pub. L. 102–259, § 11, as added Pub. L. 105–156, § 7, , 112 Stat. 10; amended Pub. L. 105–277, div. A, § 101(h) [title V, § 517(a)], , 112 Stat. 2681–480, 2681–512; Pub. L. 111–90, § 9, , 123 Stat. 2978; Pub. L. 116–94, div. P, title III, § 307, , 133 Stat. 3190; Pub. L. 117–286, § 4(a)(151), , 136 Stat. 4322.)