§5607b — Title 20 Education | U.S. Code

Summary

Federal agencies can hire the Foundation or the National Center to help with disputes about the environment, public lands, natural resources, or government procedures that might lead to such disputes. Agencies may sign contracts and pay for those services, and those payments must go into the Environmental Dispute Resolution Fund. When two or more federal agencies are involved, the agency using the Center must tell the chairperson of the President’s Council on Environmental Quality and give a short written summary of the issues and parties, prior attempts to solve it, which federal agencies are involved and that they agree to try mediation or collaboration, and any other key facts. The chairperson must say yes or no within 20 days for multi-agency matters. Purely legal fights about law interpretation or one agency enforcing law against another cannot go to the Center, except for cases about program implementation, coordination among agencies with similar powers, or joint nonlegal policy decisions. If Congress already required a different dispute process, the Center cannot be used. States, tribes, local governments, nonprofits, and people may also use the Center for disputes with the federal government, but they must pay for the services. Using the Center for neutral help does not count as forming a federal advisory committee.

Title 20, §5607b

Education — Source: USLM XML via OLRC

(a)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.

(b)(1)A Federal agency may enter into a contract and expend funds to obtain the services of the National Center.

(2)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)(1)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).

(2)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 mediation, collaboration, and dispute resolution; and

(D)other relevant information.

(3)(A)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).

(B)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)(1)(A)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.

(B)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)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.

(e)(1)Non-Federal entities, including state 11 So in original. Probably should be capitalized. 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.

(2)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.

(f)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.

Notes & Related Subsidiaries

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.

Amendments

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).

§5607b Use of the National Center by Federal agency or other entity