20 U.S.C. § 5607b : US Code - Section 5607B: Use of Institute by Federal agency or other entity

Search 20 U.S.C. § 5607b : US Code - Section 5607B: Use of Institute by Federal agency or other entity

(a) Authorization
A Federal agency may use the Foundation and the Institute to
provide assessment, mediation, or other related services in
connection with a dispute or conflict related to the environment,
public lands, or natural resources.
(b) Payment
(1) In general
A Federal agency may enter into a contract and expend funds to
obtain the services of the Institute.
(2) 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.
(c) Notification and concurrence
(1) 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 Institute
to provide the services described in subsection (a) of this
section.
(2) 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 -
(A) the issues and parties involved;
(B) prior efforts, if any, undertaken by the agency to
resolve or address the issue or issues;
(C) 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 dispute
resolution; and
(D) other relevant information.
(3) Concurrence
(A) 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
Institute to provide the services described in subsection (a)
of this section.
(B) 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).
(d) Exceptions
(1) Legal issues and enforcement
(A) 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 Institute.
(B) Applicability
Subparagraph (A) does not apply to a dispute or conflict
concerning -
(i) agency implementation of a program or project;
(ii) a matter involving two or more agencies with parallel
authority requiring facilitation and coordination of the
various Government agencies; or
(iii) a nonlegal policy or decisionmaking matter that
involves two or more agencies that are jointly operating a
project.
(2) 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
Institute.
(e) Non-Federal entities
(1) 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 Institute 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.
(2) Payment into the environmental dispute resolution fund. -
Entities utilizing services pursuant to this subsection shall
reimburse the Institute for the costs of services provided. Such
amounts shall be deposited into the Environmental Dispute
Resolution Fund established under section 5607a of this title.