View all text of Chapter 66 [§ 5601 - § 5609]
§ 5607b. Use of the National Center by Federal agency or other entity
(a) Authorization
(b) Payment
(1) In general
(2) Payment into Environmental Dispute Resolution Fund
(c) Notification and concurrence
(1) Notification
(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 mediation, collaboration, and dispute resolution; and
(D) other relevant information.
(3) Concurrence
(A) In general
(B) Indication of concurrence or nonconcurrence
(d) Exceptions
(1) Legal issues and enforcement
(A) In general
(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
(e) Non-Federal entities
(1) Non-Federal entities, including state 1
1 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)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
(Pub. L. 102–259, § 11, as added Pub. L. 105–156, § 7, Feb. 11, 1998, 112 Stat. 10; amended Pub. L. 105–277, div. A, § 101(h) [title V, § 517(a)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–512; Pub. L. 111–90, § 9, Nov. 3, 2009, 123 Stat. 2978; Pub. L. 116–94, div. P, title III, § 307, Dec. 20, 2019, 133 Stat. 3190; Pub. L. 117–286, § 4(a)(151), Dec. 27, 2022, 136 Stat. 4322.)