[Pages H4246-H4248]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

BUREAU OF LAND MANAGEMENT FOUNDATION ACT

Mr. JODY B. HICE of Georgia. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 3844) to establish the Energy and Minerals
Reclamation Foundation to encourage, obtain, and use gifts, devises,
and bequests for projects to reclaim abandoned mine lands and orphan
oil and gas well sites, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 3844

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 ``Bureau of Land Management
Foundation Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation.
(2) BLM.--The term ``BLM'' means the Bureau of Land
Management.
(3) Chairman.--The term ``Chairman'' means the Chairman of
the Board.
(4) Director.--The term ``Director'' means an individual
member of the Board.
(5) Foundation.--The term ``Foundation'' means the Bureau
of Land Management Foundation established by this Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) National conservation lands.--The term ``National
Conservation Lands'' means the system of lands established by
section 2002 of the Omnibus Public Lands Management Act of
2009 (16 U.S.C. 7202).
(8) Wild free-roaming horses and burros.--The term ``wild
free-roaming horses and burros'' has the same meaning that
term has under section 2(b) of the Wild Free-Roaming Horses
And Burros Act Of 1971 (16 U.S.C. 1332(b)).
(9) Orphaned oil and gas well sites.--The term ``orphaned
oil and gas well sites'' means all onshore oil and gas wells
in the United States that have no responsible or liable
parties and that--
(A) are located on federally managed lands;
(B) are located on lands or minerals that were federally
managed at the time oil and gas operations were initiated; or
(C) adversely impact the health or productivity of Federal
lands.
(10) Abandoned mine lands.--The term ``abandoned mine
lands'' means all hard rock mines in the United States that
were abandoned before January 1, 1981, and all coal mines in
the United States that were abandoned before August 3, 1977,
and that--
(A) are located on federally managed lands;
(B) are located on lands or minerals that were federally
managed at the time mining operations were initiated; or
(C) adversely impact the health or productivity of Federal
lands.

SEC. 3. ESTABLISHMENT AND PURPOSES OF THE BUREAU OF LAND
MANAGEMENT FOUNDATION.

(a) Establishment.--There is established the Bureau of Land
Management Foundation as a charitable and nonprofit
corporation that shall not be considered an agency or
establishment of the United States.
(b) Purposes.--
(1) In general.--The purposes of the Foundation are to--
(A) encourage, accept, obtain, administer, and use private
gifts of money, devises, and bequests of real and personal
property for the benefit of, or in connection with, the
activities and services of the BLM described in subparagraph
(B);
(B) undertake, conduct, and encourage programs and
activities that support--
(i) educational, technical, scientific, and other
assistance or activities that support the management of BLM
lands in regard to--

(I) wild free-roaming horses and burros;
(II) fish and wildlife and their habitats;
(III) National Conservation Lands;
(IV) recreation resources; and
(V) cultural and historic resources; and

(ii) activities that support the reclamation and
remediation of--

(I) abandoned mine lands;
(II) orphaned oil and gas well sites; or
(III) public lands impacted by development connected to
mineral exploration and development activities.

(2) Included reclamation activities.--Reclamation
activities under paragraph (1)(B) should include, but not be
limited to, the remediation of soil and water contamination,
the restoration of wildlife habitat in order to restore the
natural, scenic, historic, cultural, and ecological values of
such areas, or the promotion of the economic potential of
such areas.
(c) Activities of the Foundation and the Bureau of Land
Management.--The activities of the Foundation authorized
under this Act shall be supplemental to and shall not preempt
any authority or responsibility of the BLM under any other
provision of law.
(d) Range of Foundation Activities.--The activities and
grants made by the Foundation under subsection (b)(1)(B) that
are not subject to limitations under section 5(d)(4) shall be
undertaken in equal proportion under clauses (i) and (ii) of
subsection (b)(1)(B).

[[Page H4247]]

SEC. 4. BOARD OF DIRECTORS.

(a) Establishment and Membership.--
(1) In general.--The Foundation shall have a governing
Board of Directors, which shall consist of no more than 9
members, each of whom shall be a United States citizen.
(2) Requirements of members.--Of the appointed members of
the Board--
(A) at least 3 shall have education or experience in
natural, cultural, conservation, or other resource
management, law, research, or advocacy;
(B) at least 3 shall have education or experience in energy
and minerals development, reclamation, or remediation; and
(C) up to 3 shall be appointed as at-large members.
(3) Ex officio member.--The Director of the Bureau of Land
Management, or a designee of the Director of the Bureau of
Land Management, shall be an ex officio nonvoting member of
the Board.
(b) Appointment and Terms.--
(1) Initial appointment.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall
appoint the members of the Board in accordance with paragraph
(6) who, except as otherwise provided in paragraph (2), shall
be appointed for terms of 6 years.
(2) Staggered appointments.--In appointing the initial
members of the Board, the Secretary shall appoint, as
determined to be appropriate by the Secretary--
(A) one-third of the members to serve an initial term of 2
years;
(B) one-third of the members to serve an initial term of 4
years; and
(C) one-third of the members to serve an initial term of 6
years.
(3) Vacancy.--A vacancy on the Board shall be--
(A) filled not later than 60 days after the vacancy occurs,
in the manner of which the original appointment was made; and
(B) for the balance of the term of the individual who was
replaced.
(4) Removal.--A Director may be removed from the Board by a
majority vote of the Board if the individual misses 3
consecutive regularly scheduled meetings.
(5) Term limit.--In no case may an individual serve more
than 12 consecutive years on the Board.
(6) Nominations.--The Secretary shall publish a
solicitation in the Federal Register seeking nominations from
the public of individuals for appointment to the Board. Such
solicitation shall be open for a period of 30 days.
Nominations submitted shall not be binding, but the Secretary
shall give consideration to the names received. Within 30
days after the end of such period, the Secretary shall
appoint members who comply with the requirements of
subsection (a)(2), and publish the names and backgrounds of
those appointed in the Federal Register.
(7) Representation of diverse areas of expertise.--In
appointing the members of the Board the Secretary shall seek
to appoint, and may give preference to, individuals who have
experience with State or local government partnerships and
represent diverse areas of expertise.
(c) Chairman.--The Chairman--
(1) shall be elected by the Board from its members for a 2-
year term; and
(2) may be reelected as Chairman while serving as a
Director.
(d) Quorum.--A majority of the current voting membership of
the Board shall constitute a quorum for the transaction of
business.
(e) Meetings.--The Board shall meet at the call of the
Chairman at least once a year.
(f) Reimbursement of Expenses.--Serving as a Director shall
not constitute employment by the United States Government for
any purpose. Members of the Board shall serve without pay
other than reimbursement for the actual and necessary
traveling and subsistence expenses incurred in the
performance of their duties for the Foundation in accordance
with section 5703 of title 5, United States Code.
(g) General Powers.--The Board may complete the
organization of the Foundation by appointing officers and
employees, adopting a constitution and bylaws consistent with
the purposes of the Foundation and this Act, and undertaking
other such acts as may be necessary to function and to carry
out the provisions of this title.
(h) Officers and Employees.--Officers and employees of the
Foundation may not be appointed until the Foundation has
sufficient funds to pay them for their service. Appointment
as an officer or employee of the Foundation shall not
constitute employment by the United States.
(i) Limitation and Conflicts of Interest.--
(1) Prohibition on political campaign activity.--The
Foundation shall not participate or intervene in a political
campaign on behalf of any candidate for public office.
(2) Conflict of interest.--No Director, officer, or
employee of the Foundation shall participate, directly or
indirectly, in the consideration or determination of any
particular matter before the Foundation affecting--
(A) the financial interests of that Director, officer,
employee, or an immediate family member of such Director,
officer, or employee; or
(B) the interests of any corporation, partnership, entity,
or organization in which such Director, officer, employee, or
an immediate family member of such Director, officer, or
employee--
(i) is an officer, director, or trustee; or
(ii) has any direct financial interest.
(3) Limitation on administrative expenditure.--Starting in
the fifth fiscal year beginning after the date of the
enactment of this Act, of the amounts available to the
Foundation for expenditure each fiscal year, not more than 15
percent may be used for administrative expenses.

SEC. 5. POWERS AND OBLIGATIONS.

(a) In General.--The Foundation--
(1) shall have perpetual succession; and
(2) may conduct business throughout the several States,
territories, and possessions of the United States.
(b) Notice and Service of Process.--The Foundation shall at
all times maintain a designated agent in the District of
Columbia authorized to accept service of process for the
Foundation. The serving of notice to, or service of process
upon, the agent required under this subsection, or mailed to
the business address of such agent, shall be treated as
service upon or notice to the Foundation.
(c) Seal.--The Foundation shall have an official seal
selected by the Board, which shall be judicially noticed.
(d) Powers.--In addition to powers otherwise authorized
under this Act, to carry out its purposes the Foundation
shall have the usual powers of a not-for-profit corporation
in the District of Columbia, including the power to--
(1) accept, receive, solicit, hold, administer, and use any
gift, devise, or bequest, either absolutely or in trust, of
real or personal property or any income therefrom or other
interest therein;
(2) acquire by donation, gift, devise, purchase, or
exchange, and dispose of, any real or personal property or
interest therein;
(3) sell, donate, lease, invest, reinvest, retain, or
otherwise dispose of any property or income therefrom unless
limited by the instrument of transfer;
(4) accept, receive, solicit, hold, administer, and use any
gift, devise, or bequest, at the request of the donor
thereof, strictly and exclusively for any purpose set forth
in section 3(b), and such use shall include the expenditure
of funds or use of property for reasonable administrative
expenses related to actions to carry out the bequest;
(5) borrow money and issue bonds, debentures, or other debt
instruments;
(6) sue and be sued, and complain and defend itself in any
court of competent jurisdiction, except that the Directors of
the Board shall not be personally liable, except for gross
negligence;
(7) enter into contracts or other arrangements with public
agencies, private organizations, and persons and to make such
payments as may be necessary to carry out the purposes
thereof; and
(8) do any and all acts necessary and proper to carry out
the purposes of the Foundation.
(e) Property.--
(1) Acceptance of property.--A gift, devise, or bequest of
real property may be accepted by the Foundation even though
it is encumbered, restricted, or subject to beneficial
interests of private persons if any current or future
interest therein is for the benefit of the Foundation.
(2) Refusal of property.--The Foundation may, in its
discretion, decline any gift, devise, or bequest of real or
personal property.
(3) Title and interest in real property.--For the purposes
of this Act, an interest in real property shall be treated as
including mineral and water rights, rights-of-way, and
easements, appurtenant or in gross.
(4) Condemnation of real property prohibited.--No lands or
waters, or interests therein, that are owned by the
Foundation shall be subject to condemnation by any State or
political subdivision, or any agent of instrumentality
thereof.
(5) Limitation on the acquisition of real property.--The
Foundation shall not use any funds to purchase real property,
unless such property is to be used by the Foundation for
administrative or other support purposes or is an easement
for right-of-way access necessary to utilize, manage, or
otherwise dispose of any bequest or gift of real property to
the Foundation.

SEC. 6. ADMINISTRATIVE SERVICES AND SUPPORT.

(a) Establishment Support.--For fiscal years 2017 through
2019, the Foundation may accept Federal funds from a Federal
agency under any other Federal law for use by the Foundation
for the purposes of assisting the Foundation in establishing
an office and meeting initial administrative, project, and
other expenses in conformance with this Act.
(b) Administrative Services.--The Secretary may provide
personnel, facilities, equipment, and other administrative
services to the Foundation with such limitations and on such
terms and conditions as the Secretary shall establish. The
Foundation may reimburse the Secretary for any support
provided under this subsection, in whole or in part, and any
reimbursement received by the Secretary under this subsection
shall be deposited into the Treasury to the credit of the
appropriations then current and chargeable for the cost of
providing the services.

SEC. 7. VOLUNTEERS.

The Secretary may accept, without regard to the civil
service classification laws, rules, and regulations, the
services of the Foundation, the Board, and the offices,
employees, or agents of the Foundation, without compensation
from the Department of the Interior, as volunteers for the
performance of the

[[Page H4248]]

functions under section 307(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1737(d)).

SEC. 8. AUDITS AND REPORTS REQUIREMENTS.

(a) Audits.--For purposes of section 10101 of title 36,
United States Code, the Foundation shall be treated as a
corporation in part B of subtitle II of such title.
(b) Annual Report.--The Foundation shall transmit at the
end of each fiscal year a report to Congress of its
proceedings and activities during that fiscal year,
including--
(1) a full and complete statement of its receipts,
expenditures, and investments;
(2) a description of all acquisition and disposal of real
property by the Foundation;
(3) a detailed statement of the recipient, amount, and
purpose of each grant made by the Foundation; and
(4) a copy of any audit prepared for the Foundation in the
previous fiscal year.

SEC. 9. UNITED STATES RELEASE FROM LIABILITY.

The United States shall not be liable for any debts,
defaults, acts, or omissions of the Foundation, nor shall the
full faith and credit of the United States extend to any
obligations of the Foundation.

SEC. 10. RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR
FAILURE TO ACT.

The Attorney General may petition in the United States
District Court for the District of Columbia for such
equitable relief as may be necessary or appropriate if the
Foundation engages in any act, practice, or policy that is
inconsistent with this Act or the bylaws of the Foundation.

SEC. 11. LIMITATION ON AUTHORITY.

Nothing in this Act authorizes the Foundation to perform
any function the authority for which is exclusively provided
to the BLM under any other provision of law.

SEC. 12. LIMITATIONS ON USE OF FUNDS.

Amounts available to, or provided by, the Foundation shall
not be used for--
(1) any activity the purpose of which is to influence
legislation pending before Congress; or
(2) any activity inconsistent with this Act.

SEC. 13. CLARIFICATION ON FUNDING.

No additional funds are authorized to carry out the
requirements of this Act. Such requirements shall be carried
out using amounts otherwise authorized.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Georgia (Mr. Jody B. Hice) and the gentleman from California (Mr.
Lowenthal) each will control 20 minutes.
The Chair recognizes the gentleman from Georgia.

General Leave

Mr. JODY B. HICE of Georgia. Mr. Speaker, I ask unanimous consent
that all Members may have 5 legislative days to revise and extend their
remarks and include extraneous materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
There was no objection.
Mr. JODY B. HICE of Georgia. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, I am proud to be the author of H.R. 3844, the Bureau of
Land Management Foundation Act. This legislation is one part of the
Natural Resources Committee's response to the complex, technical,
legal, educational, and funding-related challenges for abandoned mine
lands, also referred to as AML, as well as orphan oil and gas sites
across the country. These issues were highlighted last year with the
EPA's Gold King and Standard Mine spills in Colorado's Animas River.
I am happy to present this piece of legislation as part of a
comprehensive response to the Gold King spill and am glad that it comes
less than 1 year from the anniversary of that disaster. I hope the
other bills, H.R. 3734, authored by the gentleman from Nevada (Mr.
Hardy), and H.R. 3843, authored by Energy and Mineral Resources
Subcommittee Chairman Lamborn, will also be considered by the House
soon.
H.R. 3844 seeks to address part of the funding-related challenge for
abandoned mine lands and orphan oil and gas well sites by creating a
foundation. Based on other successful models for the national park
system, the U.S. Fish and Wildlife Service, and the U.S. Forest
Service, this foundation would solicit private contributions to
remediate sites that were abandoned prior to the enactment of the
Surface Mining Control and Reclamation Act of 1977 and the
implementation of the Bureau of Land Management's mining regulation of
January 1, 1981.
Mr. Speaker, I want to take a moment to thank the ranking member of
the Energy and Mineral Resources Subcommittee, Mr. Lowenthal of
California, for his willingness to work in a bipartisan manner to help
sharpen the focus of the foundation, while also allowing the foundation
to solicit private donations to help aid the broader mission of the
Bureau of Land Management. I strongly believe that this bill represents
our collective ability to work in a bipartisan manner at a time when
many people say we can't do so, so I thank the gentleman very much for
his cooperation and input.
In addition to reclamation of mines and wells, the foundation would
also supplement educational, technical, scientific, and other
assistance or activities that support the management of wild free-
roaming horses and burros, fish and wildlife and their habitats,
National Conservation Lands, recreation resources, and cultural and
historic resources.
Those individuals who donate to the foundation will be able to direct
how they would like their money to be used, and any general donations
would be divided equally amongst the two areas of the foundation. This,
in turn, grows the pie and the slice that will go toward fixing legacy
mine sites.
I am pleased that the end product of our bipartisan work will greatly
involve the private sector in ways that will help us prevent future
events like the EPA spill in Colorado. I urge my colleagues to support
H.R. 3844.
Mr. Speaker, I reserve the balance of my time.
Mr. LOWENTHAL. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 3844 is a bipartisan bill that I am proud to have worked
cooperatively on with Mr. Hice and the Natural Resources Committee.
H.R. 3844 would establish a charitable foundation to support the
mission and activities of the Bureau of Land Management. Congress has
chartered a number of similar foundations to serve as partners to our
land management agencies, including the National Park Foundation, the
National Fish and Wildlife Foundation, and the National Forest
Foundation.
By establishing a Bureau of Land Management Foundation, H.R. 3844
will provide the BLM with an important partner and allow private
individuals and corporations to support the Bureau's diverse mission,
which includes activities such as managing wild horses, protecting
cultural resources, and cleaning up abandoned mines.
Again, I join with my colleague, and I would like to commend my
colleague, Mr. Hice, and the committee for working with me so that we,
together, could put together this final bipartisan language that was
adopted in the Natural Resources Committee and that we are voting on
today.
The establishment of a Bureau of Land Management Foundation is long
overdue, and I urge my colleagues to support this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. JODY B. HICE of Georgia. Mr. Speaker, again, I just want to say a
huge thank you to the ranking member for his willingness to work with
us. It has been an honor, indeed, to work with him.
I am pleased with this end product, and I urge the support of our
colleagues and the passage of H.R. 3844.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Georgia (Mr. Jody B. Hice) that the House suspend the
rules and pass the bill, H.R. 3844, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to
establish the Bureau of Land Management Foundation to encourage,
obtain, and use gifts, devises, and bequests for projects for the
benefit of, or in connection with, activities and services of the
Bureau of Land Management, and for other purposes.''.
A motion to reconsider was laid on the table.

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