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(4) SALE OF OBLIGATIONS.—Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.
(5) CREDITS TO FUND.-The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.
SEC. 11. [20 U.S.C. 5608b] USE OF THE INSTITUTE BY A FEDERAL AGENCY OR OTHER ENTITY. 1
(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.
(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 10. (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).
(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.
(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).
(B) INDICATION OF CONCURRENCE OR NONCONCURRENCE. The chairperson of the President's Council on Environmental Quality shall indicate concurrence or non
1 The amendment made by section 517 of Public Law 105-277 (112 Stat. 2681-512) was executed as the probable intent of the Congress. The heading was not set out in the proper typeface.
concurrence under subparagraph (A) not later than 20 days after receiving notice under paragraph (2).
(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) 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 and local governments, Native American tribal governments, nongovernmental organizations and persons, as defined in 1 U.S.C. 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 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 10. SEC. 12. [20 U.S.C. 5608] ADMINISTRATIVE PROVISIONS.
(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 speci
fied 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.
(b) THE INSTITUTE.—The authorities set forth above shall, with the exception of paragraph (4), apply to the Institute established pursuant to section 10.
SEC. 13. [20 U.S.C. 5609] AUTHORIZATION OF APPROPRIATIONS.
(a) TRUST FUND.-There is authorized to be appropriated to the Trust Fund $40,000,000 to carry out the provisions of this Act. (b) ENVIRONMENTAL DISPUTE RESOLUTION FUND.-There are authorized to be appropriated to the Environmental Dispute Resolution Fund established under section 10—
(1) $4,250,000 for fiscal year 1998, of which
(A) $3,000,000 shall be for capitalization; and
(2) $1,250,000 for each of the fiscal years 1999 through 2002 for operation costs.
PART II-NATIVE AMERICAN HIGHER EDUCATION
Navajo Community College Act1
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [25 U.S.C. 640a note] That this Act may be cited as the "Navajo Community College Act".
SEC. 2. [25 U.S.C. 640a] It is the purpose of this Act to assist the Navajo Tribe of Indians in providing education to the members of the tribe and other qualified applicants through a community college, established by that tribe, known as the Navajo Community College.
SEC. 3. [25 U.S.C. 640b] The Secretary of Interior is authorized to make grants to the Navajo Tribe of Indians to assist the tribe in the construction, maintenance, and operation of the Navajo Community College. Such college shall be designed and operated by the Navajo Tribe to insure that the Navajo Indians and other qualified applicants have educational opportunities which are suited to their unique needs and interests.
STUDY OF FACILITIES NEEDS
SEC. 4.2 [25 U.S.C. 640c] (a) The Secretary shall conduct a detailed survey and study of the academic facilities needs of the Navajo Community College, and shall report to the Congress not later than August 1, 1979, the results of such survey and study. Such
1 Enacted Dec. 15, 1971, P.L. 92-189, 84 Stat. 646.
This statute was amended Oct. 17, 1978 by Title II of the Tribally Controlled Community College Assistance Act of 1978 (entitled "Navajo Community College Assistance Act of 1978", P.L. 95-471, Title II, 92 Stat. 1329–1331) which includes the following congressional findings:
"SEC. 202. The Congress after careful study and deliberation, finds that—
"(1) the Navajo Tribe constitutes the largest American Indian tribe in the United States; "(2) the Navajo Tribe has, through its duly constituted tribal council and representatives, established a community college within the boundaries of the reservation;
"(3) the population of the Navajo Tribe and the best area of the Navajo reservation requires that the Navajo Community College expand to better serve the needs of such population; and
"(4) the Congress has already recognized the need for this institution by the passage of the Navajo Community College Act.".
Section 203(b) of this Act (P.L. 95-471, Title II) states that "Nothing in this title or in the amendment made by this title shall be deemed to authorize appropriations for the fiscal year beginning October 1, 1978."
2This section was expressly precluded from authorizing appropriations for the fiscal year beginning Oct. 1, 1978 by sec. 203(b) of P.L. 95-471.
report shall include any recommendations or views submitted by the governing body of such College and by the governing body of the Navajo Tribe, and shall include detailed recommendations by the Secretary as to the number, type, and cost of academic facilities which are required, ranking each such required facility by relative need.
(b) Funds to carry out the purposes of this section may be drawn from general administrative appropriations to the Secretary made after the date of enactment of the Tribally Controlled Community College Assistance Act of 1978.
(c) No later than March 1991, an inventory prepared by the Navajo Community College identifying repairs, alterations, and renovations to facilities required to meet health and safety standards shall be submitted to the Secretary and appropriate committees of Congress. Within 60 days following the receipt of such inventory, the Secretary shall review the inventory, evaluating the needs identified, and transmit the written comments of the Department of the Interior to the appropriate committees of Congress, together with the Department's evaluation prepared by the health and safety division of the Bureau of Indian Affairs.
AUTHORIZATION OF APPROPRIATIONS
SEC. 5. [25 U.S.C. 640c-1] (a)(1) For the purpose of making construction grants under this Act, there are authorized to be appropriated $2,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.
(2) Sums appropriated pursuant to this subsection for construction shall, unless otherwise provided in appropriations Acts, remain available until expended.
(b)(1) There are authorized to be appropriated for grants to the Navajo Community College, for each fiscal year, an amount necessary to pay expenses incurred for
(A) the maintenance and operation of the college, including
(i) basic, special, developmental, vocational, technical, and special handicapped education costs,
(ii) annual capital expenditures, including equipment needs, minor capital improvements and remodeling projects, physical plant maintenance and operation costs, and exceptions and supplemental need account, and
(iii) summer and special interest programs,
(B) major capital improvements, including internal capital outlay funds and capital improvement projects,
(C) mandatory payments, including payments due on bonds, loans, notes, or lease purchases, and
(D) supplemental student services, including student housing, food service, and the provision of access to books and services.
(2) The Secretary shall make payments, pursuant to grants under this subsection, in advance installments of not less than 40 per centum of the funds available for allotment, based on anticipated or actual numbers of full-time equivalent Indian students or such other factors as determined by the Secretary. Adjustments for overpayments and underpayments shall be applied to the remain