Short title

This Act may be cited as the

Minerals Reclamation Foundation Establishment Act of 2007

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.