A bill to amend and reauthorize the Morris K. Udall and Stewart L. Udall Foundation Act.

II Calendar No. 118 116TH CONGRESS 1ST SESSION S. 1345 To amend and reauthorize the Morris K. Udall and Stewart L. Udall Foundation Act. IN THE SENATE OF THE UNITED STATES MAY 7, 2019 Mr. HEINRICH (for himself, Ms. SINEMA, Ms. MCSALLY, and Mr. ALEX- ANDER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works JUNE 19, 2019 Reported by Mr. BARRASSO, without amendment A BILL To amend and reauthorize the Morris K. Udall and Stewart L. Udall Foundation Act. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. FINDINGS. 3 Congress finds the following: 4 (1) Since 1999, the Morris K. Udall and Stew- 5 art L. Udall Foundation (referred to in this Act as 6 the ‘‘Foundation’’) has operated the Parks in Focus 7 VerDate Sep 11 2014 01:38 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.RS S1345 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1345 RS program to provide opportunities for the youth of 1 the United States to learn about and experience the 2 Nation’s parks and wilderness, and other outdoor 3 areas. 4 (2) Since 2001, the Foundation has conducted 5 research and provided education and training to Na- 6 tive American and Alaska Native professionals and 7 leaders on Native American and Alaska Native 8 health care issues and tribal public policy through 9 the Native Nations Institute for Leadership, Man- 10 agement, and Policy. 11 (3) The Foundation is committed to continuing 12 to make a substantial contribution toward public 13 policy in the future by— 14 (A) playing a significant role in developing 15 the next generation of environmental, public 16 health, public lands, natural resource, and Na- 17 tive American leaders; and 18 (B) working with current leaders to im- 19 prove collaboration and decision-making on 20 challenging environmental, energy, public 21 health, and related economic problems and trib- 22 al governance and economic development issues. 23 VerDate Sep 11 2014 01:38 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.RS S1345 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1345 RS SEC. 2. DEFINITIONS. 1 (a) IN GENERAL.—Section 4 of the Morris K. Udall 2 and Stewart L. Udall Foundation Act (20 U.S.C. 5602) 3 is amended— 4 (1) in paragraph (2), by striking ‘‘the Udall 5 Center for Studies in Public Policy established at 6 the University of Arizona in 1987’’ and inserting 7 ‘‘the Udall Center for Studies in Public Policy estab- 8 lished in 1987 at the University of Arizona, and in- 9 cludes the Native Nations Institute’’; 10 (2) by redesignating paragraphs (3) through 11 (7), (8), and (9) as paragraphs (4) through (8), 12 (11), and (12), respectively; 13 (3) by inserting after paragraph (2) the fol- 14 lowing: 15 ‘‘(3) the term ‘collaboration’ means to work in 16 partnership with other entities for the purpose of— 17 ‘‘(A) resolving disputes; 18 ‘‘(B) addressing issues that may cause or 19 result in disputes; or 20 ‘‘(C) streamlining and enhancing Federal, 21 State, or tribal environmental and natural re- 22 source decision-making processes or procedures 23 that may result in a dispute or conflict;’’; 24 (4) in paragraph (7), as redesignated by para- 25 graph (2)— 26 VerDate Sep 11 2014 01:38 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.RS S1345 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1345 RS (A) by striking ‘‘United States Institute 1 for Environmental Conflict Resolution’’ and in- 2 serting ‘‘John S. McCain III United States In- 3 stitute for Environmental Conflict Resolution’’; 4 and 5 (B) by striking ‘‘section 7(a)(1)(D)’’ and 6 inserting ‘‘section 7(a)(1)(B)’’; 7 (5) in paragraph (8), as redesignated by para- 8 graph (2), by striking ‘‘section 1201(a)’’ and insert- 9 ing ‘‘section 101(a)’’; and 10 (6) by inserting after paragraph (8), as redesig- 11 nated by paragraph (2), the following: 12 ‘‘(9) the term ‘Nation’s parks and wilderness’ 13 means units of the National Park System and com- 14 ponents of the National Wilderness Preservation 15 System; 16 ‘‘(10) the term ‘Native Nations Institute’ 17 means the Native Nations Institute for Leadership, 18 Management, and Policy established at the Univer- 19 sity of Arizona in 2001;’’. 20 (b) CONFORMING AMENDMENT.—Section 3(5)(B) of 21 the Morris K. Udall and Stewart L. Udall Foundation Act 22 (20 U.S.C. 5601(5)(B)) is amended by striking ‘‘the 23 United States Institute for Environmental Conflict Reso- 24 lution’’ and inserting ‘‘the Institute’’. 25 VerDate Sep 11 2014 01:38 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.RS S1345 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1345 RS SEC. 3. ESTABLISHMENT OF MORRIS K. UDALL AND STEW- 1 ART L. UDALL FOUNDATION. 2 Section 5(e) of the Morris K. Udall and Stewart L. 3 Udall Foundation Act (20 U.S.C. 5603(e)) is amended by 4 striking ‘‘Arizona.’’ and inserting ‘‘Arizona and the Dis- 5 trict of Columbia.’’. 6 SEC. 4. PURPOSE OF THE FOUNDATION. 7 Section 6 of the Morris K. Udall and Stewart L. 8 Udall Foundation Act (20 U.S.C. 5604) is amended— 9 (1) in paragraph (4), by striking ‘‘establish a 10 Program for Environmental Policy Research and 11 Environmental Conflict Resolution and Training at 12 the Center’’ and inserting ‘‘establish a program for 13 environmental policy research at the Center and a 14 program for environmental conflict resolution and 15 training at the John S. McCain III United States 16 Institute for Environmental Conflict Resolution’’; 17 (2) in paragraph (5), by inserting ‘‘, natural re- 18 source, conflict resolution,’’ after ‘‘environmental’’; 19 (3) in paragraph (7)— 20 (A) by inserting ‘‘at the Native Nations In- 21 stitute’’ after ‘‘develop resources’’; and 22 (B) by inserting ‘‘providing education to 23 and’’ after ‘‘policy, by’’; and 24 (4) in paragraph (8)— 25 VerDate Sep 11 2014 01:38 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.RS S1345 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1345 RS (A) by inserting ‘‘John S. McCain III’’ be- 1 fore ‘‘United States Institute for Environmental 2 Conflict Resolution’’; and 3 (B) by striking ‘‘resolve environmental’’ 4 and inserting ‘‘resolve environmental issues, 5 conflicts, and’’. 6 SEC. 5. AUTHORITY OF THE FOUNDATION. 7 Section 7 of the Morris K. Udall and Stewart L. 8 Udall Foundation Act (20 U.S.C. 5605) is amended— 9 (1) in subsection (a)— 10 (A) in paragraph (1)— 11 (i) by striking subparagraphs (A) 12 through (C) and inserting the following: 13 ‘‘(A) GENERAL PROGRAMMING AUTHOR- 14 ITY.—The Foundation is authorized to identify 15 and conduct, directly or by contract, such pro- 16 grams, activities, and services as the Founda- 17 tion considers appropriate to carry out the pur- 18 poses described in section 6, which may in- 19 clude— 20 ‘‘(i) awarding scholarships, fellow- 21 ships, internships, and grants, by national 22 competition or other method, to eligible in- 23 dividuals, as determined by the Foundation 24 and in accordance with paragraphs (2), 25 VerDate Sep 11 2014 01:38 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.RS S1345 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1345 RS (3), and (4), for study in fields related to 1 the environment or Native American and 2 Alaska Native health care and tribal policy; 3 ‘‘(ii) funding the Center to carry out 4 and manage other programs, activities, and 5 services; and 6 ‘‘(iii) other education programs that 7 the Board determines are consistent with 8 the purposes for which the Foundation is 9 established.’’; 10 (ii) by redesignating subparagraph 11 (D) as subparagraph (B); and 12 (iii) in subparagraph (B), as redesig- 13 nated— 14 (I) in the subparagraph heading, 15 by striking ‘‘INSTITUTE FOR ENVI- 16 RONMENTAL CONFLICT RESOLUTION’’ 17 and inserting ‘‘JOHN S. MCCAIN III 18 UNITED STATES INSTITUTE FOR ENVI- 19 RONMENTAL CONFLICT RESOLUTION’’; 20 (II) in clause (i)— 21 (aa) in subclause (I), by in- 22 serting ‘‘John S. McCain III’’ be- 23 fore ‘‘United States Institute for 24 VerDate Sep 11 2014 01:38 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.RS S1345 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1345 RS Environmental Conflict Resolu- 1 tion’’; and 2 (bb) in subclause (II)— 3 (AA) by inserting ‘‘col- 4 laboration,’’ after ‘‘medi- 5 ation,’’; and 6 (BB) by striking ‘‘to 7 resolve environmental dis- 8 putes.’’ and inserting the 9 following: ‘‘to resolve— 10 ‘‘(aa) environmental dis- 11 putes; and 12 ‘‘(bb) Federal, State, or 13 tribal environmental or natural 14 resource decision-making proc- 15 esses or procedures that may re- 16 sult in a dispute or conflict that 17 may cause or result in disputes.’’; 18 and 19 (III) in clause (ii), by inserting 20 ‘‘collaboration,’’ after ‘‘mediation,’’; 21 (B) by striking paragraph (5); 22 (C) by redesignating paragraphs (6) and 23 (7) as paragraphs (7) and (8), respectively; 24 VerDate Sep 11 2014 01:38 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.RS S1345 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1345 RS (D) by inserting after paragraph (4) the 1 following: 2 ‘‘(5) PARKS IN FOCUS.—The Foundation 3 shall— 4 ‘‘(A) identify and invite the participation 5 of youth throughout the United States to enjoy 6 the Nation’s parks and wilderness and other 7 outdoor areas, in an education program in- 8 tended to carry out the purpose of paragraphs 9 (1) and (2) of section 6; and 10 ‘‘(B) provide training and education pro- 11 grams and activities to teach Federal employ- 12 ees, natural resource professionals, elementary 13 and secondary school educators, and others to 14 work with youth to promote the use and enjoy- 15 ment of the Nation’s parks and wilderness and 16 other outdoor areas. 17 ‘‘(6) SPECIFIC PROGRAMS.—The Foundation 18 shall assist in the development and implementation 19 of programs at the Center— 20 ‘‘(A) to provide for an annual meeting of 21 experts to discuss contemporary environmental 22 issues; 23 ‘‘(B) to conduct environmental policy re- 24 search; and 25 VerDate Sep 11 2014 01:38 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.RS S1345 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1345 RS ‘‘(C) to promote dialogue with visiting pol- 1 icymakers on environmental, natural resource, 2 and public lands issues.’’; 3 (E) in paragraph (7), as redesignated by 4 subparagraph (C), by striking ‘‘Morris K. 5 Udall’s papers’’ and inserting ‘‘the papers of 6 Morris K. Udall and Stewart L. Udall’’; and 7 (F) by adding at the end the following: 8 ‘‘(9) NATIVE NATIONS INSTITUTE.—The Foun- 9 dation shall provide direct or indirect assistance to 10 the Native Nations Institute from the annual appro- 11 priations to the Trust Fund in such amounts as 12 Congress may direct to conduct research and provide 13 education and training to Native American and 14 Alaska Native professionals and leaders on Native 15 American and Alaska Native health care issues and 16 tribal public policy issues as provided in section 17 6(7).’’; 18 (2) by striking subsection (c) and inserting the 19 following: 20 ‘‘(c) PROGRAM PRIORITIES.— 21 ‘‘(1) IN GENERAL.—The Foundation shall de- 22 termine the priority of the programs to be carried 23 out under this Act and the amount of funds to be 24 allocated for such programs from the funds earned 25 VerDate Sep 11 2014 01:38 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.RS S1345 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1345 RS annually from the interest derived from the invest- 1 ment of the Trust Fund, subject to paragraph (2). 2 ‘‘(2) LIMITATIONS.—In determining the amount 3 of funds to be allocated for programs carried out 4 under this Act for a year— 5 ‘‘(A) not less than 50 percent of such an- 6 nual interest earnings shall be utilized for the 7 programs set forth in paragraphs (2), (3), (4), 8 and (5) of subsection (a); 9 ‘‘(B) not more than 17.5 percent of such 10 annual interest earnings shall be allocated for 11 salaries and other administrative purposes; and 12 ‘‘(C) not less than 20 percent of such an- 13 nual interest earnings shall be appropriated to 14 the Center for activities under paragraphs (7) 15 and (8) of subsection (a).’’; and 16 (3) by adding at the end the following: 17 ‘‘(d) DONATIONS.—Any funds received by the Foun- 18 dation in the form of donations or grants, as well as any 19 unexpended earnings on interest from the Trust Fund 20 that is carried forward from prior years— 21 ‘‘(1) shall not be included in the calculation of 22 the funds available for allocations pursuant to sub- 23 section (c); and 24 VerDate Sep 11 2014 01:38 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.RS S1345 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1345 RS ‘‘(2) shall be available to carry out the provi- 1 sions of this Act as the Board determines to be nec- 2 essary and appropriate.’’. 3 SEC. 6. USE OF INSTITUTE BY FEDERAL AGENCY OR OTHER 4 ENTITY. 5 Section 11 of the Morris K. Udall and Stewart L. 6 Udall Foundation Act (20 U.S.C. 5607b) is amended— 7 (1) in subsection (a)— 8 (A) by inserting ‘‘collaboration,’’ after 9 ‘‘mediation,’’; and 10 (B) by striking ‘‘resources.’’ and inserting 11 ‘‘resources, or with a Federal, State, or tribal 12 process or procedure that may result in a dis- 13 pute or conflict.’’; and 14 (2) in subsection (c)(2)(C), by inserting ‘‘medi- 15 ation, collaboration, and’’ after ‘‘agree to’’. 16 SEC. 7. ADMINISTRATIVE PROVISIONS. 17 Section 12 of the Morris K. Udall and Stewart L. 18 Udall Foundation Act (20 U.S.C. 5608) is amended— 19 (1) in subsection (a)— 20 (A) in paragraph (4), by striking ‘‘accept, 21 hold, administer, and utilize gifts’’ and insert- 22 ing ‘‘accept, hold, solicit, administer, and utilize 23 donations, grants, and gifts’’; and 24 VerDate Sep 11 2014 01:38 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1345.RS S1345 pamtmann on DSKBFK8HB2PROD with BILLS 13 •S 1345 RS (B) in paragraph (7), by striking ‘‘in the 1 District of Columbia or its environs’’ and in- 2 serting ‘‘in the District of Columbia and Tuc- 3 son, Arizona, or their environs’’; and 4 (2) in subsection (b), by striking ‘‘, with the ex- 5 ception of paragraph (4),’’. 6 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 7 Section 13(b) of the Morris K. Udall and Stewart L. 8 Udall Foundation Act (20 U.S.C. 5609(b)) is amended by 9 striking ‘‘fiscal years 2004 through 2008’’ and inserting 10 ‘‘fiscal years 2020 through 2023’’. 11 SEC. 9. AUDIT OF THE FOUNDATION. 12 Not later than 2 years after the d [Text truncated for display. Full text available on Congress.gov.]