[Congressional Record (Bound Edition), Volume 162 (2016), Part 7]
[House]
[Pages 10223-10225]
[From the U.S. 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).

     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.

[[Page 10224]]

       (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 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

[[Page 10225]]

     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.

                          ____________________