S 2184 CPS
102d CONGRESS
2d Session
S. 2184
To establish the Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 4 (legislative day, JANUARY 30), 1992
Mr. DECONCINI (for himself and Mr. MCCAIN) introduced the following bill;
which was read twice, considered, read the third time, and passed
A BILL
To establish the Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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This Act may be cited as the `Morris K. Udall Scholarship and Excellence
in National Environmental and Native American Public Policy Act of 1992'.

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The Morris K. Udall Scholarship and Excellence in National Environmental
Policy Act, S. 1176, One Hundred Second Congress, is hereby repealed.

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The Congress finds that--
(1) for three decades, Congressman Morris K. Udall has served his country
with distinction and honor;
(2) Congressman Morris K. Udall has had a lasting impact on this Nation's
environment, public lands, and natural resources, and has instilled in
this Nation's youth a love of the air, land, and water;
(3) Congressman Morris K. Udall has been a champion of the rights of Native
Americans and Alaska Natives and has used his leadership in the Congress
to strengthen tribal self-governance; and
(4) it is a fitting tribute to the leadership, courage, and vision
Congressman Morris K. Udall exemplifies to establish in his name programs
to encourage the continued use, enjoyment, education, and exploration of
our Nation's rich and bountiful natural resources.

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For the purposes of this Act--
(1) the term `Board' means the Board of Trustees of the Morris K. Udall
Scholarship and Excellence in National Environmental Policy Foundation
established under section 4(b);
(2) the term `Center' means the Udall Center for Studies in Public Policy
established at the University of Arizona in 1987;
(3) the term `eligible individual' means a citizen or national of the
United States or a permanent resident alien of the United States;
(4) the term `Foundation' means the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Foundation established under
section 4(a);
(5) the term `fund' means the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Trust Fund established in section 8;
(6) the term `institution of higher education' has the same meaning given
to such term by section 1201(a) of the Higher Education Act of 1965; and
(7) the term `State' means each of the several States, the District of
Columbia, Guam, the Virgin Islands, American Samoa, the Commonwealth
of the Northern Mariana Islands, the Republic of the Marshall Islands,
the Federal States of Micronesia, and the Republic of Palau (until the
Compact of Free Association is ratified).

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NATIONAL ENVIRONMENTAL POLICY FOUNDATION.
(a) ESTABLISHMENT- There is established as an independent entity of the
executive branch of the United States Government, the Morris K. Udall
Scholarship and Excellence in National Environmental Policy Foundation.
(b) BOARD OF TRUSTEES- The Foundation shall be subject to the supervision and
direction of the Board of Trustees. The Board shall be comprised of twelve
trustees, eleven of whom shall be voting members of the Board, as follows:
(1) Two Trustees, shall be appointed by the President, with the advice and
consent of the Senate, after considering the recommendation of the Speaker
of the House of Representatives, in consultation with the Minority Leader
of the House of Representatives.
(2) Two Trustees, shall be appointed by the President, with the advice
and consent of the Senate, after considering the recommendation of the
President pro tempore of the Sente, in consultation with the Majority and
Minority Leaders of the Senate.
(3) Five Trustees, not more than three of whom shall be of the same political
party, shall be appointed by the President with the advice and consent of
the Senate, who have shown leadership and interest in--
(A) the continued use, enjoyment, education, and exploration of our Nation's
rich and bountiful natural resources, such as presidents of major foundations
involved with the environment; or
(B) in the improvement of the health status of Native Americans and Alaska
Natives and in strengthening tribal self-governance, such as tribal leaders
involved in health and public policy development affecting Native American
and Alaska Native communities.
(4) The Secretary of the Interior, or the Secretary's designee, who shall
serve as a voting ex officio member of the Board but shall not be eligible
to serve as Chairperson.
(5) The Secretary of Education, or the Secretary's designee, who shall
serve as a voting ex officio member of the Board but shall not be eligible
to serve as Chairperson.
(6) The President of the University of Arizona shall serve as a nonvoting,
ex officio member and shall not be eligible to serve as chairperson.
(c) Term of Office-
(1) IN GENERAL- The term of office of each member of the Board shall be
six years, except that--
(A) in the case of the Trustees first taking offices--
(i) as designated by the President, one Trustee appointed pursuant to
section 5(b)(2) and two trustees appointed pursuant to section 5(b)(3)
shall each serve two years; and
(ii) as designated by the President, one Trustee appointed pursuant to
section 5(b)(1) and two Trustees appointed pursuant to section 5(b)(3)
shall each serve four years; and
(iii) as designated by the President, one Trustee appointed pursuant to
section 5(b)(1), one Trustee appointed pursuant to section 5(b)(2), and one
Trustee appointed pursuant to section 5(b)(3) shall each serve six years; and
(B) a Trustee appointed to fill a vacancy shall serve for the remainder
of the term for which the Trustee's predecessor was appointed and shall be
appointed in the same manner as the original appointment for that vacancy
was made.
(d) TRAVEL AND SUBSISTENCE PAY- Trustees shall serve without pay, but shall
be entitled to reimbursement for travel, subsistence, and other necessary
expenses incurred in the performance of their duties as members of the Board.
(e) LOCATION OF FOUNDATION- The Foundation shall be located in Tucson,
Arizona.
(f) EXECUTIVE DIRECTOR-
(1) IN GENERAL- There shall be an Executive Director of the Foundation who
shall be appointed by the Board. The Executive Director shall be the chief
executive officer of the Foundation and shall carry out the functions of
the Foundation subject to the supervision and direction of the Board. The
Executive Director shall carry out such other functions consistent with
the provisions of this Act as the Board shall prescribe.
(2) COMPENSATION- The Executive Director of the Foundation shall be
compensated at the rate specified for employees in level IV of the Executive
Schedule under section 5315 of title 5, United States Code.

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It is the purpose of the Foundation to--
(1) increase awareness of the importance of and promote the benefit and
enjoyment of the Nation's natural resources;
(2) foster among the American population greater recognition and
understanding of the role of the environment, public lands and resources
in the development of the United States;
(3) identify critical environmental issues;
(4) establish a Program for Environmental Policy Research and an
Environmental Conflict Resolution at the Center;
(5) develop resources to properly train professionals in the environmental
and related fields;
(6) provide educational outreach regarding environmental policy; and
(7) develop resources to properly train Native American and Alaska Native
professionals in health care and public policy.

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(a) AUTHORITY OF THE FOUNDATION-
(1) IN GENERAL- (A) The Foundation, in consultation with the Center, is
authorized to identify and conduct such programs, activities, and services
as the Foundation considers appropriate to carry out the purposes described
in section 5. The Foundation shall have the authority to award scholarships,
fellowships, internships, and grants and fund the Center to carry out and
manage other programs, activities, and services.
(B) The Foundation may provide, directly or by contract, for the conduct of
national competition for the purpose of selecting recipients of scholarships,
fellowships, internships, and grants awarded under this Act.
(C) The Foundation may award scholarships, fellowships, internships, and
grants to eligible individuals in accordance with the provisions of this
Act for study in fields related to the environment and Native American
and Alaska Native health care and tribal public policy. Such scholarships,
fellowships, internships, and grants shall be awarded to eligible individuals
who meet the minimum criteria established by the Foundation.
(2) SCHOLARSHIPS- (A) Scholarships shall be awarded to outstanding
undergraduate students who intend to pursue careers related to the
environment and to outstanding Native American and Alaska Native
undergraduate students who intend to pursue careers in health care and
tribal public policy.
(B) An eligible individual awarded a scholarship under this Act may receive
payments under this Act only during such periods as the Foundation finds
that the eligible individual is maintaining satisfactory proficiency and
devoting full time to study or research and is not engaging in gainful
employment other than employment approved by the Foundation pursuant to
regulations of the Board.
(C) The Foundation may require reports containing such information, in
such form, and to be filed at such times as the Foundation determines to
be necessary from any eligible individual awarded a scholarship under
this Act. Such reports shall be accompanied by a certificate from an
appropriate official at the institution of higher education, approved
by the Foundation, stating that such individual is making satisfactory
progress in, and is devoting essentially full time to study or research,
except as otherwise provided in this subsection.
(3) FELLOWSHIPS- Fellowships shall be awarded to--
(A) outstanding graduate students who intend to pursue advanced degrees
in fields related to the environment and to outstanding Native American
and Alaska Native graduate students who intend to pursue advanced degrees
in health care and tribal public policy, including law and medicine; and
(B) faculty from a variety of disciplines to bring the expertise of such
faculty to the Foundation.
(4) INTERNSHIPS- Internships shall be awarded to--
(A) deserving and qualified individuals to participate in internships in
Federal, State and local agencies or in offices of major environmental
organizations pursuant to section 5; and
(B) deserving and qualified Native American and Alaska Native individuals to
participate in internships in Federal, State and local agencies or in offices
of major public health or public policy organizations pursuant to section 5.
(5) GRANTS- The Foundation shall award grants to the Center--
(A) to provide for an annual panel of experts to discuss contemporary
environmental issues;
(B) to conduct environmental policy research;
(C) to conduct research on Native American and Alaska Native health care
issues and tribal public policy issues; and
(D) for visiting policymakers to share the practical experiences of such
for visiting policymakers with the Foundation.
(6) REPOSITORY- The Foundation shall provide direct or indirect assistance
from the proceeds of the Fund to the Center to maintain the current site
of the repository for Morris K. Udall's papers and other such public papers
as may be appropriate and assure such papers' availability to the public.
(7) COORDINATION- The Foundation shall assist in the development and
implementation of a Program for Environmental Policy Research and
Environmental Conflict Resolution to be located at the Center.
(b) MORRIS K. UDALL SCHOLARS- Recipients of scholarships, fellowships,
internships and grants under this Act shall be known as `Morris K. Udall
Scholars'.
(c) PROGRAM PRIORITIES- The Foundation shall determine the priority of the
programs to be carried out under this Act and the amount of funds to be
allocated for such programs. However, not less than 50 percent shall be
utilized for the programs set forth in section 6(a)(2), section 6(a)(3)
and section 6(a)(4), not more than 15 percent shall be used for salaries
and other administrative purposes, and not less than 20 percent shall
be appropriated to the Center for section 6(a)(5), section 6(a)(6) and
section 6(a)(7) conditioned on a 25 percent match from other sources and
further conditioned on adequate space at the Center being made available
for the Executive Director and other appropriate staff of the Foundation
by the Center.

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NATIONAL ENVIRONMENTAL POLICY TRUST FUND.
(a) ESTABLISHMENT OF FUND- There is established in the Treasury of the United
States a trust fund to be known as the `Morris K. Udall Scholarship and
Excellence in National Environmental Policy Trust Fund' to be administered
by a Foundation. The fund shall consist of amounts appropriated to it
pursuant to section 10 and amounts credited to it under subsection (d).
(b) Investment of Fund Assets-
(1) IN GENERAL- It shall be the duty of the Secretary of the Treasury to
invest, at the direction of the Foundation Board, in full the amounts
appropriated to the fund. Such investments shall be in Public Debt
Securities with maturities suitable to the needs of the Fund. Investments
in Public Debt Securities shall bear interest at rates determined by the
Secretary of the Treasury taking into consideration the current average
market yield on outstanding marketable obligations of the United States
of comparable maturity.

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(a) IN GENERAL- The Foundation shall pay from the interest and earnings of
the fund such sums as the Board determines are necessary and appropriate
to enable the Foundation to carry out the provisions of this Act.
(b) AUDIT BY GENERAL ACCOUNTING OFFICE- The activities of the Foundation and
the Center under this Act may be audited by the General Accounting Office
under such rules and regulations as may be prescribed by the Comptroller
General of the United States. Representatives of the General Accounting
Office shall have access to all books, accounts, records, reports filed
and all other papers, things, or property belonging to or in use by the
Foundation and the Center, pertaining to such federally assisted activities
and necessary to facilitate the audit.

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(a) IN GENERAL- In order to carry out the provisions of this Act, the
Foundation may--
(1) appoint and fix the compensation of such personnel as may be necessary
to carry out the provisions of this Act, except that in no case shall
employees other than the Executive Director be compensated at a rate
to exceed the maximum rate for employees in grade GS-15 of the General
Schedule under section 5332 of title 5, United States Code;
(2) procure or fund the Center to procure temporary and intermittent services
of experts and consultants as are necessary to the extent authorized by
section 3109 of title 5, United States Code, but at rates not to exceed the
rate specified at the time of such service for level IV of the Executive
Schedule under section 5315 of title 5, United States Code;
(3) prescribe such regulations as the Foundation considers necessary
governing the manner in which its functions shall be carried out;
(4) accept, hold, administer and utilize gifts, both real and personal,
for the purpose of aiding or facilitating the work of the Foundation;
(5) accept and utilize the services of voluntary and noncompensated
personnel and reimburse such personnel for travel expenses, including per
diem, as authorized by section 5703 of title 5, United States Code;
(6) enter into contracts, grants, or other arrangements or modifications
thereof, to carry out the provisions of this Act, and such contracts or
modifications thereof may, with the concurrence of two-thirds of the members
of the Board of Trustees, be entered into without performance or other bonds,
and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5); and
(7) make other necessary expenditures.

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There are authorized to be appropriated to the fund $40,000,000 to carry
out the provisions of this Act.

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Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 — S. 2184

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