Page:United States Statutes at Large Volume 112 Part 1.djvu/37

 PUBLIC LAW 105-156—FEB. 11, 1998 112 STAT. 11 "(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 relevsmt 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 NONCONCUR- RENCE.— 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. "(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.".

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