[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3844 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2015

 Mr. Jody B. Hice of Georgia introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
    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.

    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 ``Energy and Minerals Reclamation 
Foundation Establishment Act of 2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Abandoned mine lands.--The term ``abandoned mine 
        lands'' means all hardrock 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, 
        regardless of surface or mineral ownership.
            (2) Board.--The term ``Board'' means the Board of Directors 
        of the Foundation.
            (3) Director.--The term ``Director'' means the Directors of 
        the Board.
            (4) Foundation.--The term ``Foundation'' means the Energy 
        and Minerals Reclamation Foundation established by this Act.
            (5) Interest in real property.--The term ``interest in real 
        property'' includes mineral rights, rights-of-way, and 
        easements, appurtenant or in gross.
            (6) Orphaned oil and gas well sites.--The term ``orphaned 
        oil and gas well sites'' means all oil and gas wells in the 
        United States that have no responsible or liable parties, 
        regardless of surface or mineral ownership.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) 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. 3. ESTABLISHMENT OF ENERGY AND MINERALS RECLAMATION FOUNDATION.

    (a) In General.--There is established the Energy and Minerals 
Reclamation Foundation. The Foundation is a charitable and nonprofit 
corporation domiciled in the District of Columbia.
    (b) Purpose.--The purpose of the Foundation is to encourage, 
obtain, and use gifts, devises, and bequests of real and personal 
property for abandoned mine lands and orphaned oil and gas well site 
reclamation projects that further the conservation of natural, scenic, 
historic, scientific, educational, wildlife habitat, or recreational 
resources.
    (c) Grants and Contracts.--The Foundation may use gifts, devises, 
bequests, and matching funds from the Secretary under section 10(b) to 
make grants and award contracts for projects that are--
            (1) approved by the Board of the Foundation; and
            (2) consistent with the purpose of the Foundation under 
        subsection (b).
    (d) 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 any political campaign on behalf of 
        any candidate for public office.
            (3) Conflict of interests.--No Director or 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 direct or indirect financial or personal 
                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, member of the board, or 
                        trustee; or
                            (ii) has any direct financial interest.
    (e) Limitation on Administrative Expenditures.--Of the amount 
available to the Foundation for expenditure each fiscal year, not more 
than 10 percent may be used for administrative expenses.

SEC. 4. 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.
            (2) Education and experience of directors.--The Directors 
        must be educated or have actual experience in--
                    (A) energy or minerals production; and
                    (B) reclamation of mine lands or oil and gas 
                fields; or
                    (C) energy and mineral resource financing, law, or 
                research.
            (3) Representation of diverse areas of expertise.--To the 
        extent practicable, the Directors shall represent diverse areas 
        of expertise relating to mining and mine reclamation, and 
        development and reclamation of oil and gas fields.
            (4) Ex officio director.--The Director of the Office of 
        Surface Mining of the Department of the Interior shall be an ex 
        officio, nonvoting Director.
            (5) Appointment and terms.--
                    (A) In general.--Within one year after the date of 
                the enactment of this Act, the Secretary of the 
                Interior, in consultation with the Interstate Mining 
                Compact Commission and the Interstate Oil and Gas 
                Compact Commission, shall appoint the initial 
                Directors. 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 Directors.
                    (B) Non-federal status.--Appointment and service 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.
                    (C) Terms, generally.--Except as provided in 
                subparagraph (D), each Director shall be appointed for 
                a term of 6 years.
                    (D) Initial appointments.--Of the Directors 
                initially appointed--
                            (i) one-third shall be appointed for a term 
                        of 2 years;
                            (ii) one-third shall be appointed for a 
                        term of 4 years; and
                            (iii) one-third shall be appointed for a 
                        term of 6 years.
                    (E) Vacancies.--A vacancy on the Board shall be 
                filled within 120 days after the occurrence of such 
                vacancy.
                    (F) 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 Directors and that vacancy 
        shall be filled in accordance with this subsection.
    (b) Chairman.--The Chairman of the Board shall be elected by the 
Board from the Directors. 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 Directors 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.--Directors shall serve without pay, 
but may be reimbursed by the Foundation 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 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 3(b) and the other 
        provisions of this Act; 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. 5. CORPORATE POWERS AND OBLIGATIONS.

    (a) In General.--The Foundation--
            (1) shall have perpetual succession;
            (2) may conduct business throughout the several States, 
        territories, and possessions of the United States;
            (3) shall have a principle office in the metropolitan area 
        of the District of Columbia that shall at all times maintain a 
        designated agent in the District of Columbia to accept service 
        of process for the Foundation; and
            (4) may maintain as many offices as considered necessary by 
        the Board outside of the metropolitan area of the District of 
        Columbia.
    (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, is 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, the usual powers of a corporation acting as a trustee 
        in the District of Columbia.
            (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 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 purpose of the Foundation under section 
                3(b).
    (e) Acquisition of Property.--
            (1) In general.--In addition to its powers under subsection 
        (d), 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 energy and 
        mineral production, shall be subject to condemnation by any 
        State or political subdivision, or any agent of instrumentality 
        thereof.

SEC. 6. 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 10(a) for each of 
fiscal years 2016 and 2017. 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 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 with 
                expenses incurred by the Foundation after the end of 
                the 5-year period beginning on the date of the 
                enactment of this Act.

SEC. 7. AUDITS AND ACTIVITIES SUMMARY.

    (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) Activities Summary.--The Foundation shall, within 60 days 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 summary 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;
            (3) a detailed statement of the recipient, amount, and 
        purpose of each grant made by the Foundation;
            (4) copies of all minutes of Board meetings;
            (5) a copy of the Foundation bylaws; and
            (6) a copy of the audit for such fiscal year.

SEC. 8. 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--
            (1) engages in, or threatens to engage in, any act, 
        practice, or policy that is inconsistent with its purpose set 
        forth in section 3(b); or
            (2) refuses, fails, or neglects to discharge its 
        obligations under this Act, or threatens to do so.

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. AUTHORIZATION OF APPROPRIATIONS.

    (a) Startup Funds.--There is authorized to be appropriated to the 
Secretary $4,000,000 to carry out section 6(a).
    (b) Matching Funds.--There is authorized to be appropriated to the 
Secretary $3,000,000 for each of fiscal years 2016 through 2020, 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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