[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4685 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4685

    To establish the Minerals Reclamation Foundation, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 13, 2007

   Mr. Pearce (for himself and Mr. Udall of Colorado) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
    To establish the Minerals Reclamation Foundation, 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 ``Minerals Reclamation Foundation 
Establishment Act of 2007''.

SEC. 2. ESTABLISHMENT OF MINERALS RECLAMATION FOUNDATION.

    (a) In General.--There is established the Minerals Reclamation 
Foundation. The Foundation is a charitable and nonprofit corporation 
and is not an agency or establishment of the United States.
    (b) Purpose.--The purpose of the Foundation shall be--
            (1) to encourage, obtain, and use gifts, devises, and 
        bequests of real and personal property for abandoned mine lands 
        projects that further the conservation of natural, scenic, 
        historic, scientific, educational, wildlife habitat, or 
        recreational resources;
            (2) to foster compensation or approved and authorized 
        offsite mitigation for ongoing mining on Federal lands, State 
        lands, and split estate lands; and
            (3) to work with other persons, including foundations, to 
        foster wider public knowledge of issues related to mineral 
        resource extraction, reclamation, and sustainable development, 
        including minerals education.
    (c) Strategy.--The Foundation shall develop a strategy to build 
partnerships with persons, including foundations and government 
agencies, and play a catalytic role that focuses on local action, to 
accomplish tangible and lasting results in the effective reclamation of 
abandoned mine lands.
    (d) Grants and Contracts.--The Foundation may use gifts, devises, 
bequests, and matching funds from the Secretary of the Interior under 
section 11(b) to make grants and award contracts for a project 
described in subsection (b) that--
            (1) is approved by the Board of the Foundation;
            (2) is consistent with the purpose of the Foundation under 
        subsection (b); and
            (3) is in accordance with the strategy under subsection 
        (c).
    (e) Limitation and Conflicts of Interest.--
            (1) In general.--The Foundation shall have no power, other 
        than as an insubstantial part of its activities, to spend funds 
        or engage in activities that are not in furtherance of 
        subsection (b).
            (2) Political activities.--The Foundation shall not 
        participate or intervene in a political campaign on behalf of 
        any candidate for public office.
            (3) Conflict of interests.--No director, officer, or 
        employee of the Foundation shall participate, directly or 
        indirectly, in the consideration or determination of any 
        question before the Foundation affecting--
                    (A) the financial interests of the director, 
                officer, or employee; or
                    (B) the interests of any corporation partnership, 
                entity, or organization in which such director, 
                officer, or employee--
                            (i) is an officer, director, of trustee; or
                            (ii) has any direct or indirect financial 
                        interest.
    (f) Limitation on Administrative Expenditures.--Of the amount 
available to the Foundation for expenditure each fiscal year, not more 
than 20 percent may be used for administrative expenses.

SEC. 3. BOARD OF DIRECTORS.

    (a) Establishment and Membership.--
            (1) In general.--The Foundation shall have a governing 
        Board of Directors (in this Act referred to as the ``Board''), 
        which shall consist of 15 Directors, each of whom shall be a 
        United States citizen.
            (2) Education and experience of members.--The members of 
        the Board must be educated or have actual experience in 
        minerals production and reclamation of mine lands or mineral 
        resource financing, law, or research. Not more than 3 members 
        of the Board at any particular time may be individuals admitted 
        to engage in, and engaged in, the practice of law in a State.
            (3) Representation of diverse areas of expertise.--To the 
        extent practicable, members of the Board shall represent 
        diverse areas of expertise relating to mining and mine 
        reclamation.
            (4) Ex officio member.--The Director of the Office of 
        Surface Mining shall be an ex officio, nonvoting member of the 
        Board.
            (5) Appointment and terms.--
                    (A) In general.--Within one year after the date of 
                enactment of this Act, the Secretary of the Interior 
                shall appoint the Directors of the Board. Thereafter 
                the Secretary shall no longer have such authority, and 
                subsequent appointments shall be made by the Chairman 
                with the advice and consent of a majority of the Board.
                    (B) Terms, generally.--Except as provided in 
                subparagraph (C), directors shall be appointed for a 
                term of 6 years.
                    (C) Initial appointments.--Of the members initially 
                appointed--
                            (i) one-third shall be appointed for a term 
                        of 2 years; and
                            (ii) one-third shall be appointed for a 
                        term of 4 years.
                    (D) Vacancies.--A vacancy on the Board shall be 
                filled within 120 days after the occurrence of such 
                vacancy, in the manner of which the original 
                appointment was made.
                    (E) Limitation.--No individual may serve more than 
                12 consecutive years as a Director.
            (6) Removal.--If a Director misses three consecutive 
        meetings of the Board, that individual may be removed from the 
        Board by a majority vote of the Board of Directors and that 
        vacancy filled in accordance with this subsection.
            (7) Non-federal status.--Appointment as a Director of the 
        Board shall not constitute employment by, or the holding of an 
        office of, the United States for the purposes of any Federal 
        law.
    (b) Chairman.--The Chairman shall be elected by the Board from its 
members. An individual shall serve for a 2-year term as Chairman, and 
may be reelected to the post during the individual's tenure as a 
Director.
    (c) Quorum.--A majority of the current voting membership of the 
Board shall constitute a quorum for the transaction of business.
    (d) Meetings.--The Board shall meet at the call of the Chairman at 
least once each year.
    (e) Reimbursement of Expenses.--Voting members of the Board shall 
serve without pay, but may be reimbursed for the actual and necessary 
traveling and subsistence expenses incurred by them in the performance 
of their duties for the Foundation. Such reimbursement may not exceed 
such amount as would be authorized under section 5703 of title 5, 
United States Code, for the payment of expenses and allowances for 
individuals employed intermittently in the Federal Government service.
    (f) General Powers.--The Board may complete the organization of the 
Foundation by--
            (1) appointing officers and employees (subject to 
        subsection (g)(1));
            (2) adopting a constitution and bylaws consistent with the 
        purpose of the Foundation under section 2(b) and the other 
        provisions of section 2; and
            (3) undertaking other such acts as may be necessary to 
        function and to carry out this Act.
    (g) Officers and Employees.--Officers and employees of the 
Foundation--
            (1) may not be appointed until the Foundation has 
        sufficient funds to pay for their services;
            (2) shall be appointed without regard to the provisions of 
        title 5, United States Code, governing appointment in the 
        competitive service; and
            (3) may be paid without regard to the provisions of chapter 
        51 and subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates.

SEC. 4. CORPORATE POWERS AND OBLIGATIONS.

    (a) In General.--The Foundation--
            (1) shall have perpetual succession;
            (2) may conduct business throughout the several States, 
        territories, possessions of the United States, and in Canada 
        and Mexico;
            (3) shall have an office in the metropolitan area of the 
        District of Columbia which shall at all times maintain a 
        designated agent in the District of Columbia to accept services 
        of processes for the Foundation;
            (4) may maintain as many offices as deemed necessary, 
        including project offices, by the Board outside of the 
        metropolitan area of the District of Columbia, including an 
        office in Albuquerque, New Mexico, or Denver, Colorado; and
            (5) shall at all times maintain a designated agent in the 
        District of Columbia authorized to accept services of process 
        for the Foundation.
    (b) Notice and Service of Process.--The serving of notice to, or 
service of process upon, the agent required under subsection (a)(3), or 
mailed to the business address of such agent, shall be deemed 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.--
            (1) In general.--To carry out its purpose, the Foundation 
        shall have, in addition to powers otherwise authorized under 
        this Act, other than the power to issue securities of pay 
        dividends.
            (2) Included powers.--The powers of the Foundation under 
        this subsection include the power to--
                    (A) 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;
                    (B) unless otherwise required by the instrument of 
                transfer by which the Foundation acquires property, 
                sell, donate, lease, invest, reinvest, retain, or 
                otherwise dispose of any property or income therefrom;
                    (C) borrow money and issue bonds, debentures, or 
                other debt instruments;
                    (D) 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);
                    (E) 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
                    (F) do any and all acts necessary and proper to 
                carry out the purposes of the Foundation.
    (e) Acquisition of Property.--
            (1) In general.--In addition to its powers under subsection 
        (f), the Foundation may acquire, hold, and dispose of lands, 
        waters, or other interests in real property by donation, gift, 
        devise, purchase or exchange.
            (2) Exemption from condemnation.--No lands or waters, or 
        interest therein, that are owned by the Foundation and are 
        determined by the Secretary to be valuable for purposes 
        established in this Act shall be subject to condemnation by any 
        State or political subdivision, or any agent of instrumentality 
        thereof.
    (f) Dissolution.--If the Foundation is dissolved for any reason, 
funds remaining in accounts of the Foundation and all assets of the 
Foundation shall be donated to the United States and available to the 
Secretary of the Interior for use in reclamation of abandoned mine 
lands.

SEC. 5. ADMINISTRATIVE SERVICES AND SUPPORT.

    (a) Startup Funds.--For the purposes of assisting the Foundation in 
establishing an office and meeting initial administrative, project, and 
other startup expenses, the Secretary may provide to the Foundation 
$2,000,000 from funds appropriated under section 11(a) for each of 
fiscal years 2008 and 2009. Such funds shall remain available to the 
Foundation until they are expended.
    (b) Administrative Expenses.--
            (1) In general.--The Secretary may provide the Foundation 
        use of the Department of the Interior personnel, facilities, 
        and equipment, subject to such limitations, terms, and 
        conditions as the Secretary shall establish.
            (2) Reimbursement.--The Secretary.--
                    (A) may require the Foundation to reimburse the 
                Secretary for the costs of providing personnel, 
                facilities, and equipment under this subsection; and
                    (B) shall require such reimbursement beginning upon 
                the end of the 5-year period beginning on the date of 
                the enactment of this Act.

SEC. 6. AUDITS AND REPORT REQUIREMENT.

    (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) Report.--The Foundation shall, as soon as practicable after the 
end of each fiscal year, transmit to the Committee on Natural Resources 
of the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report of its proceedings and activities 
during such 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; and
            (3) a detailed statement of the recipient, amount, and 
        purpose of each grant made by the Foundation.

SEC. 7. RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR FAILURE TO 
              ACT.

    The Attorney General of the United States 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--
            (1) engages in, or threatens to engage in, any act, 
        practice, or policy that is inconsistent with its purpose set 
        forth in section 2(b); or
            (2) refuses, fails, or neglects to discharge its 
        obligations under this chapter, or threatens to do so.

SEC. 8. UNITED STATES RELEASE FROM LIABILITY.

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

SEC. 9. ACTIVITIES OF THE FOUNDATION AND DEPARTMENT OF THE INTERIOR.

    The activities of the Foundation authorized under this Act shall be 
supplemental to, and shall not preempt, any authority or responsibility 
of the Department of the Interior under any other provision of law.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the Foundation.
            (2) Foundation.--The term ``Foundation'' means the Minerals 
        Reclamation Foundation established by this Act.
            (3) Interest in real property.--The term ``Interest in real 
        property'' includes mineral rights, right of way, and 
        easements, appurtenant or in gross.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Split estate lands.--The term ``split estate lands'' 
        means lands with respect to which the surface is or will be in 
        non-Federal ownership and a mineral interest is owned by the 
        United States.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Start-up Funds.--There is authorized to be appropriated to the 
Secretary $4,000,000 to carry out section 5(a).
    (b) Matching Funds.--There is authorized to be appropriated to the 
Secretary $3,000,000 for each of fiscal years 2009 through 2013, which 
shall be made available by the Secretary to the Foundation to match, on 
a one-for-one basis, private contributions made to the Foundation.
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