Supporting Statement ICR for the Application

SUPPORTING STATEMENT

INFORMATION COLLECTION REQUEST
for the
Application for National Roster of Environmental Dispute Resolution and
Consensus Building Professionals
(Control Number 3320-0008, Expiring 01/31/2009)

The U.S. Institute for Environmental Conflict Resolution

October 22, 2008

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Table of Contents
A. Abstract.....................................................................................................................................................................3
B. Justification ...............................................................................................................................................................3
1. Need and Authority for Collection.........................................................................................................................3
1a. Background: U.S. Institute for Environmental Conflict Resolution ................................................................3
1b. Background: National ECR Roster and Application .......................................................................................3
1c. Entry Criteria...................................................................................................................................................4
1e. Development and Need for the National ECR Roster ......................................................................................4
2. Use of the Information ...........................................................................................................................................6
3. Use of Automated, Electronic, Mechanical, or Other Technological Collection Techniques................................7
4. Nonduplication ......................................................................................................................................................7
5. Minimizing Collection of Information Impacts on Small Businesses ....................................................................7
6. Consequences to Federal Program or Policy Activities if Collection is Not Conducted or is Conducted Less
Frequently..................................................................................................................................................................7
7. Special Circumstances ...........................................................................................................................................8
8. Public Notice Required Prior to ICR Submission to OMB and Consultations ......................................................8
9. Provision of Gift or Payment to Respondents........................................................................................................9
10. Confidentiality .....................................................................................................................................................9
11. Sensitive Questions..............................................................................................................................................9
12. Estimated Total Annual Time Burden to Respondents ........................................................................................9
12a. Respondent Time Burden Estimates ............................................................................................................10
12b. Valuation of Respondent Time Burden ........................................................................................................11
13. Estimated Total Annual Cost Burden to Respondents .......................................................................................11
14. Estimated Annualized Cost to the Federal Government ....................................................................................11
15. Reasons for Any Program Changes/Adjustments ..............................................................................................11
16. Tabulation and Publication of Information ........................................................................................................12
Appendix A. Statutory Authority Authorizing the Collection of Information..............................................................14
Appendix B. Burden and Cost Tables .........................................................................................................................21
Appendix C. Public Comments in Response to Federal Register Notices ...................................................................24

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A. Abstract
The U.S. Institute for Environmental Conflict Resolution (the U.S. Institute) plans to continue
collecting information from environmental conflict resolution neutral professionals who desire to
become members of the National Roster of Environmental Dispute Resolution and Consensus
Building Professionals (National ECR Roster), from which those involved in environmental,
natural resource, or public lands disputes can locate and may select providers of neutral services.
Responses to the collection of information (the application) are voluntary but required to obtain a
benefit: listing on the National ECR Roster.
B. Justification
1. Need and Authority for Collection
1a. Background: U.S. Institute for Environmental Conflict Resolution
The U.S. Institute was created in 1998 by the Environmental Policy and Conflict Resolution Act
(P.L. 105-156). It is a federal program established by the U. S. Congress to assist parties in
resolving environmental, natural resource, and public lands conflicts. The U.S. Institute is part
of the Morris K. Udall Scholarship and Excellence in National Environmental Policy
Foundation, an independent federal agency of the executive branch, and is overseen by a board of
trustees appointed by the President.
The U.S. Institute was created to assist the Federal Government in implementing Section 101 of
the National Environmental Policy Act (NEPA) (42 U.S.C. 4331) by providing assessment,
mediation, training, and other related services to resolve environmental conflicts involving
federal agencies. The U.S. Institute accomplishes most of its work by partnering or contracting
with, or referrals to, experienced practitioners. By statutory mandate, the U.S. Institute works
with conflict resolution providers within the geographic area of the conflict whenever practicable
(20 U.S.C. Sec. 5605, P.L. 105-156.)
The U.S. Institute serves as an impartial, non-partisan institution providing professional
expertise, services, and resources to all parties involved in such disputes, regardless of who
initiates or pays for assistance. It helps parties determine whether collaborative problem solving
is appropriate for specific environmental conflicts, how and when to bring all the parties to the
table, and whether a third-party facilitator or mediator might be helpful in assisting the parties in
their efforts to reach consensus or to resolve the conflict. In addition, the U.S. Institute maintains
the National ECR Roster, a roster of qualified facilitators and mediators with substantial
experience in environmental conflict resolution, and can help parties in selecting an appropriate
neutral.
1b. Background: National ECR Roster and Application
The application for the National ECR Roster is being used pursuant to OMB Control No. 33200008, clearance approved October 25, 2005, and scheduled to expire January 31, 2009 (extended

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from previous expiration date of October 31, 2008).
The information collected in the application for the National ECR Roster is the basis for an
online searchable database, used to locate appropriate practitioners by matching desired
characteristics with the information in the application. The application was first available in
September 1999 and remains available on a continuous basis. The National ECR Roster first
became operational in February 2000 with 60 members and currently includes more than 287
members from 41 states, the District of Columbia, and two Canadian provinces. They represent a
broad cross-section of professional backgrounds and case experience. Each member has
documented experience which meets the roster entry criteria, and each has experience as a
neutral in some or all of the following: mediation, facilitation, consensus building, process
design, conflict assessment, system design, neutral evaluation/fact finding, superfund allocation,
and/or regulatory negotiation. The application information for roster members, in the format of a
Practitioner Profile, is directly available online and also available through the U.S. Institute to
those requesting referral services.
1c. Entry Criteria
The specific entry criteria and applicable definitions are available from the U.S. Institute’s web
site: www.ecr.gov. Generally stated, the entry criteria require that an applicant have:
(1) Served as the lead neutral in a collaborative process (e.g., mediation, consensus building,
conflict assessment) for at least 200 case hours in two to ten environmental cases, and
(2) Accumulated a total of 60 points across three categories: additional case experience and
complex case experience; experience as a trainer or trainee; and substantive
work/volunteer/educational experience in fields related to Alternative Dispute Resolution
(ADR)/Environmental Conflict Resolution (ECR), such as law, science, public
administration.
1d. The Application Form
The application can be viewed online at the U.S. Institute’s Web site: www.ecr.gov (review a
hard copy sample application or simply register in the roster application system to access the
online application). A hard copy sample application may also be obtained from the U.S. Institute
for those without Web access. (Contact: Kathleen Docherty, Roster Manager, U.S. Institute for
Environmental Conflict Resolution, 130 South Scott Ave., Tucson, Arizona 85701. Fax: 520670-5530. Phone: 520-901-8501. E-mail: docherty@ecr.gov).
1e. Development and Need for the National ECR Roster
The roster was developed with the support of the U.S. Environmental Protection Agency (EPA).
Based on a 1997 study concerning the potential of a national roster of qualified practitioners,
EPA decided to support the development of such a roster through the U.S. Institute.

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To develop the project, the EPA and the U.S. Institute brought together a work group consisting
of EPA dispute resolution professionals and contracting officers, state dispute resolution
officials, private dispute resolution practitioners and academics. Informed in part by ideas from
the individuals in this group, the EPA and the U.S. Institute proposed roster entry qualifications
and a draft application, which were published in the Federal Register in November 1998 (63 FR
64699-64713.) Before the entry criteria and application were finalized, the comments received in
response to the Federal Register notice were reviewed. Outreach continued through meetings and
newsletter articles, as well as individual communications to professional associations, state and
federal government agencies, dispute resolution firms, individual practitioners, professional
associations of attorneys, and environmental and citizen groups. In September 1999, the U.S.
Institute began accepting applications.
The roster was created, and continues to be needed, for several reasons. The use of ADR in the
environmental and public policy arena has grown markedly over the last two decades. In this
context, ADR processes now include techniques ranging from conflict prevention, such as
consensus building and facilitation of public policy dialogues, to specific dispute resolution
through assisted negotiations and mediation. The number of ECR practitioners has grown as the
field has gained prominence.
An essential step in any dispute resolution process occurs when parties select a practitioner.
Parties making the selection rightfully expect that the practitioner will be qualified to provide the
service sought and has experience and style matched well to the nature of the issues and to the
parties. The National ECR Roster is designed to advance the interests of the growing field of
dispute resolution, reflect the evolving standards of best practice, and help direct the expenditure
of public funds for quality services.
The U.S. Institute’s enabling legislation directs the Institute to work with practitioners located
near the conflict whenever practical. Consistent with this mandate, the U.S. Institute must be able
to identify appropriate, experienced dispute resolution and consensus building professionals in an
efficient manner. The National Roster of ECR Practitioners is necessary for the proper
performance of the U.S. Institute’s goals, including resolving Federal environmental disputes,
improving the ability of Federal agencies and other interested parties to engage in ECR
effectively, and promoting collaborative problem-solving and consensus building.
Finally, the Administrative Dispute Resolution Act (ADR Act) of 1996 (5 U.S.C. 571 et seq.)
authorizes the Federal government to contract with dispute resolution professionals (e.g.,
facilitators or mediators) to assist it and other parties to disputes in reaching an agreement,
settlement, or consensus. The ADR Act authorizes the government to take steps to make
identifying and contracting with neutrals easier (cf. 5 U.S.C. 573(c)).
The goal of the National ECR Roster is to improve access to qualified environmental dispute
resolution and consensus building professionals for the U.S. Institute and others sponsoring or
engaging in environmental conflict resolution processes. The roster expedites the identification
of appropriate professionals, shortens the time needed to complete contracting documents, and
helps refer parties to practitioners, particularly practitioners in the locale of the dispute.

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The roster provides users with detailed Practitioner Profiles, derived directly from information
contained in the application, to be used as a first step in the process of selecting an appropriate
neutral. The application form provides the basis for the Practitioner Profile, to which the online
search categories are connected and allows easy access and review of information for online
searchers and referral requestors. In addition, the use of a form to collect specific information
regarding the practitioner’s experience standardizes the responses and applicant information. Use
of a standard form allows U.S. Institute personnel to review applications for eligibility more
quickly and fairly than if the information were submitted in a nonstandard format.

2. Use of the Information
Each application is submitted to the U.S. Institute (all applications in the last three years have
been submitted electronically from the Web-based application system). Each application is
reviewed by the U.S. Institute’s referral services manager, Joan Calcagno, for compliance with
the entry criteria. The applicant is contacted where application information is ambiguous, in
order to clarify and assist the applicant in revising and re-submitting the application. References
have been contacted for approximately 15% of the applications; some are randomly selected for
general confirmation and others are checked because of questions specific to the application. All
applicants whose application information meets the entry criteria are so informed. Each new
roster member is sent a copy of his or her application/Practitioner Profile. Each member’s
information then becomes available as part of the online searchable database. Applicants who do
not meet the criteria are informed and encouraged to apply again when they have gained the
necessary experience.
The U.S. Institute uses the roster (specifically the information collected in the application) as a
resource when making referrals to those searching for neutral ECR professionals with specific
experience, backgrounds, or expertise (external referrals). The Institute also uses the roster as a
resource when locating appropriate ECR neutral professionals with whom to partner/sub-contract
for projects in which the Institute is involved (internal referrals). The roster referral system is
enhanced through cooperation with existing programs and networks of environmental disputeresolution and consensus-building practitioners familiar with the issues in their respective states
and regions.
The online roster search system, which was launched in 2000, originally enabled select
government employees to access roster member Profiles. EPA Conflict Prevention and
Dispute Resolution Center, and Regional EPAADR personnel have had direct access to the
search since February 2000. The administrators of the EPA prime contract gained direct
access in May 2003. The DOI Office of Collaborative Action and Dispute Resolution
(CADR) and several members of the DOI Dispute Resolution Council (IDRC: ADR
personnel from various DOI bureaus) have been searchers since November 2002. Many roster
members have also become searchers. In October 2004, the roster became directly available
on the Web to anyone interested in locating ECR practitioners. During Federal fiscal years
2006, 2007 and 2008, more than 400 people have registered to search the roster, bringing
total searcher registration to nearly 700. The number of online/direct searches conducted

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averages approximately 20 per month. In addition, the U.S. Institute continues to rely on the
roster in order to identify appropriate neutrals for cases managed by the U.S. Institute and to
provide referrals to requestors seeking third-party practitioners.
Federal agencies are not required to select from the roster. Professionals not on the roster remain
fully eligible to serve as ECR practitioners in disputes involving federal agencies. Finally, being
listed on the roster does not guarantee additional work for the practitioner.
3. Use of Automated, Electronic, Mechanical, or Other Technological Collection Techniques
The application is available online to any Web user, through a simple user registration system.
Hard copy applications are available from the U.S. Institute by request for those without access
to the Web. An application, upon approval for listing on the roster, is converted to the roster
member’s Web-based Profile, which the roster member can access and update online.
4. Nonduplication
Related rosters and directories of consensus building and dispute resolution professionals were
reviewed as part of the development for the National Roster of ECR Practitioners. None were
found to contain the requisite information on environmental conflict resolution and consensus
building professionals. Although the EPA operates a national service contract that manages
major cases through a list of experienced providers, it is limited in scope and membership, and as
a consequence it can be burdensome to use to identify neutrals for small or localized cases. Most
other Federal agencies have no vehicle or information available to assist in this important first
step to conducting a good dispute resolution process. The National ECR Roster is the only roster
of its kind.
5. Minimizing Collection of Information Impacts on Small Businesses
This is not applicable to this ICR.
6. Consequences to Federal Program or Policy Activities if Collection is Not Conducted or is
Conducted Less Frequently
Using the roster standardized application, which is the means for adding new members and is the
foundation for keeping existing members’ information current, provides an efficient and effective
way to continue, and to increase, easy access to appropriate mediators and facilitators. It is
critical that the U.S. Institute continues to have an up-to-date, efficient, and equitable means to
access appropriate, qualified neutrals with whom to partner/contract in order to fulfill its
statutory requirement to work with practitioners in the locale of the dispute. In addition, more
than 700 people have registered in the roster search system (with more registering every week).
All would lose access to a valuable resource were the application discontinued.
Information for membership on the roster is collected only once, on the initial application.
Voluntary updating of member information is done online. Roster members are periodically

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reminded to update, and are encouraged to do an annual review of data in their Profile. Less
frequent updates would deprive roster users of reasonably current information.
7. Special Circumstances
This information collection does not require respondents to:
 report information to the Agency more often than quarterly,
 prepare a written response to a collection of information in fewer than 30 days after
receipt of a request,
 submit more than an original and two copies of any document, or
 retain records, other than health, medical, government contract, grant-in-aid or tax
records, for more than three years.
This information collection does not collect information in a manner:
 connected with a statistical survey,
 requiring use of a statistical data classification that has not been reviewed and
approved by OMB,
 that includes a pledge of confidentiality that is not supported by authority established
in statute or regulation, that is not supported by disclosure and data security policies
that are consistent with the pledge, or which unnecessarily impedes sharing of data
with other agencies for compatible confidential use or,
 requiring the respondent to submit proprietary, trade secret or other confidential
information unless the Agency can demonstrate that it has instituted procedures to
protect the information’s confidentiality to the extent permitted by law.
8. Public Notice Required Prior to ICR Submission to OMB and Consultations
A Federal Register Notice was published on July 30, 2008 (Vol. 73, No. 147, 44289-44290). It
opened a 60-day public comment period. The notice described in detail the continuing need for
the roster, its use, and the qualifications for entry. The notice also contained information about
how to access an application. The U.S. Institute received no comments. Thus no changes were
made to the application. A second Federal Notice was published on October 20, 2008 (Vol. 73,
No. 203, 62339-62340). It opened a 30-day public comment period. As of October 22, 2008,
one comment has been received (see Appendix C). The comment does not specifically address
the application that is the subject of this ICR. Thus, no changes were made to the application.
Extensive consultations took place in the initial development of the roster and the
application. In addition, comments from roster members have been invited in continuing
communications with them. All publicly disseminated roster information invites comments
from applicants and roster member communications invite feedback. In February 2002, the
U.S. Institute reconvened the roster working group, which includes roster members and users,
for the purpose of reviewing the management of the roster and receiving individual input.
The application, application process, and updating process were topics of discussion. The
vast majority of comments from all sources have supported continuation of the current
application and processes.

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9. Provision of Gift or Payment to Respondents
The collection of information does not provide any payment or gift to respondents.
10. Confidentiality
The information submitted in the information collection (the application) will not be
confidential. No assurances of confidentiality have been provided to respondents. Social Security
numbers, company tax identifiers or other personal or organizational identifiers are not
requested. If such information is required for the user’s contracting purposes, the users will
collect the information themselves as a part of their contracting effort. The application requests
references for two of the qualifying cases. These references, however, are not made available to
roster searchers and are used only by the U.S. Institute to verify representations made by
applicants. As noted above, roster members are able to access their own Profiles for viewing and
modification. Each Profile is password-protected, so members are not able to alter the contents
of any Profile other than their own. Roster users with direct electronic access are able to view
and sort information contained on the database (the roster member Profiles) but not modify any
of the information. Data entry and removal to the U.S. Institute’s electronic systems is restricted
to U.S. Institute personnel and its contractors.
Other than the information on the application form, the only other information that is maintained,
is data regarding referral and selection of roster members (i.e., the record of when and to whom a
referral of a member’s name was provided by the U.S. Institute as a result of an inquiry, which
roster members were referred for a particular case, and which members were retained, where that
information is available).
11. Sensitive Questions
The only data collected that could be considered potentially sensitive is the roster member’s
hourly fee. However, individuals on the original workgroup reported they do not consider that
the hourly fee they would enter onto the application would be sensitive information because it
will be a loaded labor rate, not broken down into salary, benefits, fees, and profit. These
individuals have also indicated that a set hourly fee is usually a negotiated rate on specific cases
and may vary. To accommodate any concerns, the form allows applicants and roster members to
choose to leave the fee amount field blank and to provide explanatory text, e.g. “rates are
variable.”
12. Estimated Total Annual Time Burden to Respondents
Burden means the total time, effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a Federal agency. This includes the
time needed to review instructions; develop, acquire, install, and utilize technology and systems
for the purpose of collecting, validating, and verifying information, processing and maintaining
information, and disclosing and providing information and transmitting information. The

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customary and usual business practices of locating a resume and references are not included in
the burden estimate because ECR neutral professionals customarily provide potential clients with
resumes that include education information, employment history, examples of cases handled, and
reference contact information.
The time estimate for the update is based on experience administering the National ECR Roster,
including test updates of sample application/Profile and comments received from existing roster
members. It is expected that up to 30 practitioners per year will apply for inclusion on the roster
in each of the three years of the ICR extension. This number is extrapolated from the number of
applicants per year since the application ICR approval. The estimated number of annual updates
is based on experience administering the roster, which indicates that some roster members update
more, some less. There are currently 287 roster members, and it is anticipated that
approximately 125 existing respondents/roster members will update their information in each of
the three years.
12a. Respondent Time Burden Estimates
First year:
New applicants/respondents:
Estimated number of new respondents:
Frequency of response:
Estimated time per one-time, initial response:
Estimated total time burden:
Existing Respondents (roster members), Updates:
Estimated number of existing respondents (updates):
Frequency of response:
Estimated time:
Estimated total time burden:

30 respondents
1
2.5 hours
75 hours (2.5 hours x 30 respondents)
125 respondents
1
0.25 hour
31 hours (0.25 hour x 125 updates)

Subsequent years:
New applicants/respondents:
Estimated number of new respondents:
Frequency of response:
Estimated time per one-time, initial response:
Estimated total time burden:
respondents)
Existing Respondents (roster members), Updates:
Estimated number of existing respondents (updates):
Frequency of response:
Estimated time:
Estimated total time burden:

10

30 respondents
1
2.5 hours
75 hours (2.5 hours x 30

125 respondents
1
0.25 hour
31 hours (0.25 hour x 125 updates)

Estimated Total Annual Time Burden:
Each year:
106 hours
75 hours for 30 new applicants/respondents
31 hours for 125 updates
12b. Valuation of Respondent Time Burden
The valuation of time burden is based on $44.78 per hour in accordance with the current
Bureau of Labor Statistics reports for valuing time (civilian workers category of
“professionals and related occupations”), rather than estimated contractor rate.
Individual Respondent Burden Over Three-year Life of ICR
Three-year total for each new applicant/respondent:
(2.5 hrs initial application + .25 hr update + .25 hr update) = 3.0 hours
Annualized average for each new applicant/respondent:
Three-year total for each existing/updating respondent: 0.75 hours
Annualized average for each existing/updating respondent:

$134
$45 per year
$33
$11 per year

For additional information, see Appendix B: Burden and Cost Tables.
13. Estimated Total Annual Cost Burden to Respondents
There are no capital or start-up costs. Existing respondents will use the same computer
equipment to access the application for updates as was used to submit their application. New
respondents can access an application using an existing business computer. A hard copy
application can be requested by phone or mail and can be submitted through the mail, if the
applicant has no access to computer equipment or Internet service.
14. Estimated Annualized Cost to the Federal Government
The estimated annualized cost to the Federal government totals $44,733 (see Appendix B:
Burden and Cost Tables). The time and cost burden is based on the U.S. Institute’s experience in
developing and administering the application/information collection for the National ECR Roster
since August 1999. Additionally, the U.S. Institute recently converted its Web site
(www.ecr.gov) to the ASP.NET platform. The roster Web-based operations (roster online search
system) will be converted from the current programming language to the ASP.NET platform
during the first year of the information collection. Thus, computer programming time and costs
are projected to be slightly higher during the first year compared with subsequent years. The
programming effort is not expected to disrupt information collection activities (roster members
will still be able to update their Profiles and applicants will still be able to submit applications
electronically).
15. Reasons for Any Program Changes/Adjustments
No material program changes/adjustments were made.

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16. Tabulation and Publication of Information
This is not applicable

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LIST OF APPENDICES
Appendix A. Statutory Authority Authorizing the Collection of Information
Appendix B. Burden and Cost Tables
Appendix C. Public Comments in Response to Federal Register Notices

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Appendix A. Statutory Authority Authorizing the Collection of Information


Environmental Policy and Conflict Resolution Act

14

[DOCID: f:publ156.105]
[[Page 8]]
ENVIRONMENTAL POLICY AND CONFLICT RESOLUTION ACT OF 1998
[[Page 112 STAT. 9]]
Public Law 105-156
105th Congress
An Act

To amend the Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Public Policy Act of 1992 to establish
the United States Institute for Environmental Conflict Resolution to
conduct environmental conflict resolution and training, and for other
purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <> assembled,
SECTION 1. SHORT <>

TITLE.

This Act may be cited as the ``Environmental Policy and Conflict
Resolution Act of 1998''.
SEC. 2. DEFINITIONS.
Section 4 of the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act of 1992 (20
U.S.C. 5602) is amended-(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (9), (7), and (8), respectively;
(2) by inserting after paragraph (3) the following:
``(4) the term `environmental dispute' means a dispute or
conflict relating to the environment, public lands, or natural
resources;'';
(3) by inserting after paragraph (5) (as redesignated by
paragraph (1)) the following:
``(6) the term `Institute' means the United States Institute
for Environmental Conflict Resolution established pursuant to
section 7(a)(1)(D);'';
(4) in paragraph (7) (as redesignated by paragraph (1)), by
striking ``and'' at the end;
(5) in paragraph (8) (as redesignated by paragraph (1)), by
striking the period at the end and inserting ``; and''; and
(6) in paragraph (9) (as redesignated by paragraph (1))-(A) by striking ``fund'' and inserting ``Trust
Fund''; and
(B) by striking the semicolon at the end and
inserting a period.
SEC. 3. BOARD OF TRUSTEES.
Section 5(b) of the Morris K. Udall Scholarship and Excellence in

15

National Environmental and Native American Public Policy Act of 1992 (20
U.S.C. 5603(b)) is amended-(1) in the matter preceding paragraph (1) of the second
sentence, by striking ``twelve'' and inserting ``thirteen''; and
(2) by adding at the end the following:
[[Page 112 STAT. 10]]
``(7) The chairperson of the President's Council on
Environmental Quality, who shall serve as a nonvoting, ex
officio member and shall not be eligible to serve as
chairperson.''.
SEC. 4. PURPOSE.
Section 6 of the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act of 1992 (20
U.S.C. 5604) is amended-(1) in paragraph (4), by striking ``an Environmental
Conflict Resolution'' and inserting ``Environmental Conflict
Resolution and Training'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(8) establish as part of the Foundation the United States
Institute for Environmental Conflict Resolution to assist the
Federal Government in implementing section 101 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331) by providing
assessment, mediation, and other related services to resolve
environmental disputes involving agencies and instrumentalities
of the United States; and
``(9) complement the direction established by the President
in Executive Order No. 12988 (61 Fed. Reg. 4729; relating to
civil justice reform).''.
SEC. 5. AUTHORITY.
Section 7(a) of the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act of 1992 (20
U.S.C. 5605(a)) is amended-(1) in paragraph (1), by adding at the end the following:
``(D) Institute for environmental conflict
resolution.-``(i) In general.--The Foundation shall-``(I) establish the United States
Institute for Environmental Conflict
Resolution as part of the Foundation;
and
``(II) identify and conduct such
programs, activities, and services as
the Foundation determines appropriate to
permit the Foundation to provide
assessment, mediation, training, and
other related services to resolve
environmental disputes.
``(ii) Geographic proximity of conflict
resolution provision.--In providing assessment,
mediation, training, and other related services
under clause (i)(II) to resolve environmental
disputes, the Foundation shall consider, to the

16

maximum extent practicable, conflict resolution
providers within the geographic proximity of the
conflict.''; and
(2) in paragraph (7), by inserting ``and Training '' after
``Conflict Resolution''.
SEC. 6. ENVIRONMENTAL DISPUTE RESOLUTION FUND.
(a) Redesignation.--Sections 10 and 11 of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native American
Public Policy Act of 1992 (20 U.S.C. 5608, 5609) are redesignated as
sections 12 and 13 of the Act, respectively.
[[Page 112 STAT. 11]]
(b) Environmental Dispute
Scholarship and Excellence in
Public Policy Act of 1992 (20
subsection (a)) is amended by

Resolution Fund.--The Morris K. Udall
National Environmental and Native American
U.S.C. 5601 et seq.) (as amended by
inserting after section 9 the following:

``SEC. 10. ENVIRONMENTAL DISPUTE RESOLUTION <>
FUND.
``(a) Establishment.--There is established in the Treasury of the
United States an Environmental Dispute Resolution Fund to be
administered by the Foundation. The Fund shall consist of amounts
appropriated to the Fund under section 13(b) and amounts paid into the
Fund under section 11.
``(b) Expenditures.--The Foundation shall expend from the Fund such
sums as the Board determines are necessary to establish and operate the
Institute, including such amounts as are necessary for salaries,
administration, the provision of mediation and other services, and such
other expenses as the Board determines are necessary.
``(c) Distinction From Trust Fund.--The Fund shall be maintained
separately from the Trust Fund established under section 8.
``(d) Investment of Amounts.-``(1) In general.--The Secretary of the Treasury shall
invest such portion of the Fund as is not, in the judgment of
the Secretary, required to meet current withdrawals.
``(2) Interest-bearing obligations.--Investments may be made
only in interest-bearing obligations of the United States.
``(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired-``(A) on original issue at the issue price; or
``(B) by purchase of outstanding obligations at the
market price.
``(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. 7. USE OF THE INSTITUTE BY A FEDERAL AGENCY.
The Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Policy Act of 1992 (20 U.S.C. 5601 et
seq.) (as amended by section 6) is amended by inserting after section 10
the following:
``SEC. 11. USE OF THE INSTITUTE BY A FEDERAL <>

17

AGENCY.
``(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.
``(b) Payment.-``(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.-[[Page 112 STAT. 12]]
``(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.
``(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 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
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 Institute.

18

``(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
Institute.''.
[[Page 112 STAT. 13]]
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 13 of the Morris K. Udall Scholarship and
Excellence in National Environmental and Native American Public Policy
Act of 1992 (as redesignated by section 6(a)) is amended-(1) by striking ``There are authorized to be appropriated to
the Fund'' and inserting the following:
``(a) Trust Fund.--There is authorized to be appropriated to the
Trust Fund''; and
(2) by adding at the end the following:
``(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
``(B) $1,250,000 shall be for operation costs; and
``(2) $1,250,000 for each of the fiscal years 1999 through
2002 for operation costs.''.
SEC. 9. CONFORMING AMENDMENTS.
(a) The second sentence of section 8(a) of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native American
Public Policy Act of 1992 (20 U.S.C. 5606) is amended-(1) by striking ``fund'' and inserting ``Trust Fund''; and
(2) by striking ``section 11'' and inserting ``section
13(a)''.
(b) Sections 7(a)(6), 8(b), and 9(a) of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native American
Public Policy Act of 1992 (20 U.S.C. 5605(a)(6), 5606(b), and 5607(a))
are each amended by striking ``Fund'' and inserting ``Trust Fund'' each
place it appears.
Approved February 11, 1998.
LEGISLATIVE HISTORY--H.R. 3042 (S. 399):
---------------------------------------------------------------------------

19

CONGRESSIONAL RECORD:
Vol. 143 (1997):
Nov. 13, considered and passed
House.
Vol. 144 (1998):
Jan. 29, considered and passed
Senate.

20

Appendix B. Burden and Cost Tables



Table 1. Respondent Burden and Cost
Table 2. Agency Burden and Cost

21

Table 1.
Respondent Burden and Cost
Total labor costs

Number of
respondents
per year

Review instructions and resume
information, fill out application
form (new respondents)

2.5

30

75

44.78

$3,359

$3,359

$3,359

Updates (existing respondents)

0.25

125

31.25

44.78

$1,399

$1,399

$1,399

$4,758

$4,758

$4,758

Collection Activity

Total
Hours
per
year

Cost
per
hour ($)

Hours per
respondent
per year

Each year total:

first
year

second
year

3-year aggregate:
Annualized average:

Note: Respondents do not incur capital or start up costs.

22

third
year

$14,274
$4,758

Table 2. Agency Burden and Cost
Collection Activity

Cost for
salary/
benefits,
per hour
($)

Approximate number of
hours to perform
first
year

second
year

third
year

Cost* estimate ($)
first
year

second
year

Cost
subtotal
s ($)

Total Costs
($)

third
year

Prepare Federal Register Notices and Supplemental
Information for information collection renewal request
roster manager

50

10

0

0

500

0

0

500

senior staff

75

2

0

0

150

0

0

150
650

Prepare ICR submission for information collection
renewal request
roster manager

50

20

0

0

1000

0

0

1000

senior staff

75

2

0

0

150

0

0

150
1150

Operations, to include Web and computer system
planning, implementation and maintenance related to
application and approved member Profiles (information
collection)
roster manager

50

800

700

700

40000

35000

35000

110000

150

15

6

6

2250

900

900

4050

senior in-house programmer

75

30

15

15

2250

1125

1125

4500

in-house programming assistant

35

20

20

20

700

700

700

2100

contract programmer (estimated contractor rate)

120650
Application processing and application/Profile
communications (e.g., review and evaluate
applications, communicate with applicants and roster
member regarding applications/Profile updates)
roster manager

50

40

30

30

2000

1500

1500

5000

senior staff

75

30

30

30

2250

2250

2250

6750
11750

3-year aggregate:
Annualized:

23

$ 134,200
$ 44,733

Appendix C. Public Comments in Response to Federal Register Notices
30-Day Federal Register Notice published October 20, 2008
One comment has been received to date:
Comment received October 21, 2008
THIS AGENCY IS LOSING COMMENTS FROM THE PUBLIC ON THEIR WORK.
CAN YOU PLEASE HAVE AN INVESTIGATOR INVESTIGATE THIS AGENCY. I
BELIEVE THE ENVIRONMENT IS LOSING OUT EVERY DAY IN DISPUTES SO
THE PUBLIC IS BEING HORNSWOGGLED. THE AGENCY IS INEFFECTIVE.
B. SACHAU
15 ELM ST
FLORHAM PARK NJ 07932

24