[House Report 114-651]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-651
======================================================================
BUREAU OF LAND MANAGEMENT FOUNDATION ACT
_______
July 1, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 3844]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
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, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
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.
(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), including expenditure of funds received as a bequest for
such a purpose 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 for administrative or
support purposes.
SEC. 6. ADMINISTRATIVE SERVICES AND SUPPORT.
(a) Establishment Support.--For the purposes of assisting the
Foundation in establishing an office and meeting initial
administrative, project, and other expenses, there is authorized to be
appropriated to the Secretary $3,000,000 for fiscal year 2016,
$2,000,000 for each of fiscal years 2017, 2018, and 2019, and
$1,000,000 for fiscal year 2020. Amounts appropriated under this
subsection that are provided to the Foundation shall remain available
to the Foundation until they are expended for authorized purposes.
(b) Administrative Expenses.--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 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.
Amend the title 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.
PURPOSE OF THE BILL
The purpose of H.R. 3844, as ordered reported, is 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.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3844 is part of the Committee's three-pronged response
to the Gold King Mine and the Standard Mine spills that
occurred in Colorado in August and September 2015, which the
Committee is continuing to investigate. Preliminary reports
indicated the spills were caused by the Environmental
Protection Agency (EPA).
This bill establishes a new Bureau of Land Management (BLM)
Foundation to facilitate cleanup of abandoned mine lands (AML),
orphaned oil and gas well sites, and other select mission areas
of the BLM: wild free-roaming horses and burros, fish and
wildlife and their habitats, National Conservation Lands,
recreation resources, and cultural and historic resources.
Donors to the Foundation will be able to direct their
contributions to either the cleanup of AML, orphaned oil and
gas well sites, public lands impacted by mineral development,
or one of the five mission areas listed above. Unrestricted
donations will be split evenly between: 1) the mine and well
reclamation and 2) the five other mission areas.
Supporters of this concept believe the freedom of the
Foundation to solicit contributions from the general public
will significantly increase the ability to guide money towards
actions that will enhance and improve the quality of the
environment. H.R. 3844, in concert with the Good Samaritan
clean up provisions in H.R. 3843, provides an opportunity to
address the AML issue in a more robust fashion with the help of
American people interested in improving the quality of the
environment for the betterment of society.
Though the Obama Administration has proposed imposing
significant fee and tax increases on the mining industry as a
means to address AML, critics point out that these proposals
would fail to address the problem in a timely manner. Recently,
a witness for Earthworks testified that EPA's estimated cleanup
costs for hardrock AML sites would be about $50 billion, and
advocated for a reclamation fee that would raise $180 million
per year. At that rate, using EPA's estimate, it would take 277
years to address just the hardrock AML problem. Additionally,
it is estimated that there is at least $9 billion dollars left
in coal AML cleanup costs, primarily in Appalachia.
For AML sites (pre-1977 coal and pre-1981 hardrock) and
orphaned oil and gas well sites, there is generally no
responsible party left to remediate the mine site or address
downstream water quality issues caused by acid rock drainage or
other contaminants resulting from the mining or oil and gas
activity.
This bill provides an opportunity for people genuinely
interested in environmental causes to contribute to a positive
program with tangible results that will enhance and improve the
quality of the environment. The proposed Foundation will have
the ability to solicit contributions from the general public
and the private sector. Congress has previously established
successful foundations to support various missions within the
Department of the Interior and for the National Forest
System.\1\
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\1\National Park Foundation, Public Law 90-209 (54 U.S.C. 101111 et
seq.); National Fish and Wildlife Foundation, Public Law 98-244 (16
U.S.C. 3701 et seq.); and National Forest Foundation, Public Law 101-
593 (16 U.S.C. 583j et seq.).
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COMMITTEE ACTION
H.R. 3844 was introduced on October 28, 2015, by
Congressman Jody B. Hice (R-GA). The bill was referred to the
Committee on Natural Resources, and within the Committee, to
the Subcommittee on Energy and Mineral Resources. On November
4, 2015, the Subcommittee held a hearing on the bill. On June
14, 2016, the Natural Resources Committee met to consider the
bill. The Subcommittee was discharged by unanimous consent.
Congressman Hice and Congressman Alan S. Lowenthal (D-CA)
offered an amendment in the nature of a substitute. The
amendment in the nature of a substitute was adopted by
unanimous consent, and the bill, as amended, was adopted and
ordered favorably reported to the House of Representatives by
unanimous consent on June 15, 2016.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 28, 20160.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3844, the Bureau
of Land Management Foundation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
H.R. 3844--Bureau of Land Management Foundation Act
Summary: H.R. 3844 would authorize the appropriation of $7
million through 2020 to establish the Bureau of Land Management
(BLM) Foundation. Based on information provided by BLM, CBO
estimates that implementing the legislation would cost $7
million over the 2017-2021 period, assuming appropriation of
the authorized amounts.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 3844 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 3844 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 3844 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resource and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................ 2 2 2 1 0 7
Estimated Outlays............................................ 1 2 2 2 0 7
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the end of 2016 and that the
authorized amounts will be appropriated for each fiscal year.
Estimated outlays are based on spending patterns for similar
programs.
H.R. 3844 would authorize the appropriation of $2 million a
year through 2019 and $1 million in 2020 for BLM to establish
the Bureau of Land Management Foundation, a nonprofit entity
that would support the management of BLM lands and reclaim
federal lands affected by mineral development. CBO expects that
after 2020, activities of the foundation would be funded by
private donations of money and property. Based on information
provided by BLM, CBO estimates that implementing H.R. 3844
would cost $7 million over the 2017-2021 period.
CBO expects that the foundation's operations would be
similar to the National Fish and Wildlife Foundation and the
National Forest Foundation, both of which were established by
the Congress with similar governance and authorities. The
activities of both of those foundations are excluded from the
federal budget. Under H.R. 3844, the foundation would be
established by the Congress and members of the board overseeing
the foundation would be appointed by the Secretary of the
Interior; however, CBO would not consider the foundation an
entity of the federal government whose cash transactions should
be recorded in the federal budget. The foundation would not
have powers that are normally reserved to governments such as
the powers to enact regulations, charge compulsory fees, or
assess and compel the payment of taxes. Thus, any activities of
the foundation, including borrowing funds, accepting and
spending donations, would be considered nongovernmental.
Pay-as-you-go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 3844 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernemntal and private-sector impact: H.R. 3844
contains no intergovernmental or private-sector mandates as
defined in UMRA and would benefit state, local, and tribal
governments to the extent that the Foundation provides grants
or other assistance to public entities to support cleanup
projects. Any costs incurred by those entities, including
matching contributions, would be voluntary.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, an Tribal Governments: Jon Sperl; Impact on the
Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures. According to the Congressional
Budget Office, implementation of the bill would cost $7
million, subject to appropriation, over the 2017-21 period.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman believes that this bill
does not direct an executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
ADDITIONAL VIEWS
As a cosponsor of the amendment in the nature of a
substitute adopted during the committee markup, and the author
of the Bureau of Land Management (BLM) Foundation Act, H.R.
4507, on which that amendment was based, I strongly support
H.R. 3844 as reported. The establishment of a foundation to
support the BLM is long overdue. Similar to the National Fish
and Wildlife Foundation and the National Park Foundation, it
will serve as an important vehicle for fundraising and
partnerships that support the efforts and mission of the BLM.
Because of the tremendous breadth of the multiple use and
sustained yield mission of the BLM, H.R. 3844 as reported
allows donors to specify which one of a number of different
specific BLM activities they wish to support, People concerned
most about wild horses and burros can choose to direct their
donation to support efforts to protect and manage these
magnificent creatures, while people most concerned about the
toxic legacy of abandoned hardrock mines can direct their
donations to help with cleaning up those sites. Donors will be
able to specifically support a number of conservation efforts,
including protecting fish and wildlife habitat, supporting the
National Conservation Lands system, and more.
Like many federal agencies, BLM has suffered from chronic
underfunding for years. Recent sequestration cuts have further
hurt BLM's ability to carry out its extremely broad mission.
The foundation created by this bill will be an important
partner with the BLM, supporting its mission while also raising
the profile of the agency and calling more attention to the
beauty and fragility of America's public lands. I look forward
to working with my colleagues in the House to move this bill to
swift bipartisan passage.
Alan Lowenthal.
[all]