20 U.S.C. § 5607b: Use of the National Center…

Summary

Federal agencies may hire the Foundation and the National Center to help with assessment, mediation, collaboration, or similar services for disputes about the environment, public lands, natural resources, or government processes that might lead to disputes. Agencies may sign contracts and spend money for these services, and payments from executive agencies under those contracts must go into the Environmental Dispute Resolution Fund (established under section 5607a). Agencies must tell the chairperson of the President’s Council on Environmental Quality when they use these services. If two or more federal agencies are involved, the notice must say what the issues and parties are, what was tried before, which federal agencies are involved and that they agree to mediation, and any other relevant facts. For multi-agency matters, the agencies must get the chairperson’s approval before using the services, and the chairperson must respond yes or no within 20 days of the notice. Disputes that are only about legal questions, legal interpretation, or one agency enforcing the law against another cannot go to the Foundation or National Center, except when they involve program implementation, coordination among agencies with parallel authority, or nonlegal joint project decisions. If Congress requires a different dispute process, that must be used instead. State, local, and tribal governments, nongovernmental groups, and private persons may also use the services to resolve disputes with the federal government, but they must pay the National Center for the costs and those payments go into the Environmental Dispute Resolution Fund. Using these services does not count as creating an advisory committee under chapter 10 of title 5.

Title 20, §5607b

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(a)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.

(b)Payment

(1)In general

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

(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 National Center to provide the services described in subsection (a).

(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)

(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)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 National Center to provide the services described in subsection (a).

(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 National Center.

(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 National Center.

(e)Non-Federal entities

(1)Non-Federal entities, including state 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 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 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)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.

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