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H.R. 3844 — what changed

Bureau of Land Management Foundation Act

From Introduced in House to Reported in House. 9 sections amended and 2 added between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Energy and Minerals Reclamation Foundation Establishment Act “Bureau of 2015”.Land Management Foundation Act”.

Sec. 2 Definitions

In this Act:

(1)
removed 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.
(1)
renumbered was (4) Board— The term “Board” means the Board of Directors of the Foundation.
(2)
added BLM— The term “BLM” means the Bureau of Land Management.
(3)
changed Director—Chairman— The term “Director” “Chairman” means the Directors Chairman of the Board.
(4)
changed Foundation—Director— The term “Foundation” “Director” means an individual member of the Energy and Minerals Reclamation Foundation established by this Act.Board.
(5)
changed Interest in real property—Foundation— The term “interest in real property” includes mineral rights, rights-of-way, and easements, appurtenant or in gross.“Foundation” means the Bureau of Land Management Foundation established by this Act.
(6)
removed 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.
(6)
renumbered was (9) Secretary— The term “Secretary” means the Secretary of the Interior.
(7)
added 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)
changed Split estate lands—Wild free-roaming horses and burros— The term “split estate lands” means lands with respect to which the surface is or will be in non-Federal ownership “wild free-roaming horses and a mineral interest is owned by burros” has the United States.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)
added 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)
added are located on federally managed lands;
(B)
added are located on lands or minerals that were federally managed at the time oil and gas operations were initiated; or
(C)
added adversely impact the health or productivity of Federal lands.
(10)
added 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)
added are located on federally managed lands;
(B)
added are located on lands or minerals that were federally managed at the time mining operations were initiated; or
(C)
added adversely impact the health or productivity of Federal lands.

Sec. 3 Establishment and purposes of the Bureau of Land Management Foundation

(a)
changed In general—Establishment— There is established the Energy and Minerals Reclamation Foundation. The Bureau of Land Management Foundation is as a charitable and nonprofit corporation domiciled in the District that shall not be considered an agency or establishment of Columbia.the United States.
(b)
added Purposes—
(1)
added In general— The purposes of the Foundation are to—
(A)
added 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)
added undertake, conduct, and encourage programs and activities that support—
(i)
added educational, technical, scientific, and other assistance or activities that support the management of BLM lands in regard to—
(I)
added wild free-roaming horses and burros;
(II)
added fish and wildlife and their habitats;
(III)
added National Conservation Lands;
(IV)
added recreation resources; and
(V)
added cultural and historic resources; and
(ii)
added activities that support the reclamation and remediation of—
(I)
added abandoned mine lands;
(II)
added orphaned oil and gas well sites; or
(III)
added public lands impacted by development connected to mineral exploration and development activities.
(2)
added 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.
(b)
removed 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)
changed Grants Activities of the Foundation and contracts—the Bureau of Land Management— The Foundation may use gifts, devises, bequests, and matching funds from activities of the Secretary Foundation authorized under section 10(b) this Act shall be supplemental to make grants and award contracts for projects that are—shall not preempt any authority or responsibility of the BLM under any other provision of law.
(d)
added 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).
(1)
removed approved by the Board of the Foundation; and
(2)
removed consistent with the purpose of the Foundation under subsection (b).
(d)
removed Limitation and conflicts of interest—
(1)
removed 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)
removed Political activities— The Foundation shall not participate or intervene in any political campaign on behalf of any candidate for public office.
(3)
removed 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)
removed the direct or indirect financial or personal interests of the Director, officer, or employee; or
(B)
removed the interests of any corporation partnership, entity, or organization in which such Director, officer, or employee—
(i)
removed is an officer, member of the board, or trustee; or
(ii)
removed has any direct financial interest.
(e)
removed 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)
changed In general— The Foundation shall have a governing Board of Directors (in this Act referred to as the “Board”), Directors, which shall consist of 15 Directors.no more than 9 members, each of whom shall be a United States citizen.
(2)
changed Education and experience Requirements of directors—members— The Directors must be educated or have actual experience in—Of the appointed members of the Board—
(A)
changed energy at least 3 shall have education or minerals production; andexperience in natural, cultural, conservation, or other resource management, law, research, or advocacy;
(B)
changed reclamation of mine lands at least 3 shall have education or oil experience in energy and gas fields; orminerals development, reclamation, or remediation; and
(C)
changed energy and mineral resource financing, law, or research.up to 3 shall be appointed as at-large members.
(3)
changed Representation of diverse areas of expertise—Ex officio member— To The Director of the extent practicable, Bureau of Land Management, or a designee of the Directors shall represent diverse areas Director of expertise relating to mining and mine reclamation, and development and reclamation the Bureau of oil and gas fields.Land Management, shall be an ex officio nonvoting member of the Board.
(b)
added Appointment and terms—
(1)
added 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)
added Staggered appointments— In appointing the initial members of the Board, the Secretary shall appoint, as determined to be appropriate by the Secretary—
(A)
added one-third of the members to serve an initial term of 2 years;
(B)
added one-third of the members to serve an initial term of 4 years; and
(C)
added one-third of the members to serve an initial term of 6 years.
(3)
added Vacancy— A vacancy on the Board shall be—
(A)
added filled not later than 60 days after the vacancy occurs, in the manner of which the original appointment was made; and
(B)
added for the balance of the term of the individual who was replaced.
(4)
added 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)
added Term limit— In no case may an individual serve more than 12 consecutive years on the Board.
(6)
added 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)
added 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.
(4)
removed 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)
removed Appointment and terms—
(A)
removed 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)
removed 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)
removed Terms, generally— Except as provided in subparagraph (D), each Director shall be appointed for a term of 6 years.
(D)
removed Initial appointments— Of the Directors initially appointed—
(i)
removed one-third shall be appointed for a term of 2 years;
(ii)
removed one-third shall be appointed for a term of 4 years; and
(iii)
removed one-third shall be appointed for a term of 6 years.
(E)
removed Vacancies— A vacancy on the Board shall be filled within 120 days after the occurrence of such vacancy.
(F)
removed Limitation— No individual may serve more than 12 consecutive years as a Director.
(6)
removed 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)
removed 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)
changed Quorum—Chairman— A majority of the current voting Directors shall constitute a quorum for the transaction of business.The Chairman—
(1)
added shall be elected by the Board from its members for a 2-year term; and
(2)
added may be reelected as Chairman while serving as a Director.
(d)
changed Meetings—Quorum— The A majority of the current voting membership of the Board shall meet at constitute a quorum for the call transaction of the Chairman at least once each year.business.
(e)
changed Reimbursement of expenses—Meetings— Directors The Board 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 meet at the Foundation. Such reimbursement may not exceed such amount as would be authorized under section 5703 call of title 5, United States Code, for the payment of expenses and allowances for individuals employed intermittently in Federal Government service.Chairman at least once a year.
(f)
changed General powers—Reimbursement of expenses— The Serving as a Director shall not constitute employment by the United States Government for any purpose. Members of the Board may complete shall serve without pay other than reimbursement for the organization actual and necessary traveling and subsistence expenses incurred in the performance of their duties for the Foundation by—in accordance with section 5703 of title 5, United States Code.
(1)
removed appointing officers and employees (subject to subsection (g)(1));
(2)
removed 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)
removed undertaking other such acts as may be necessary to function and to carry out this Act.
(g)
changed Officers and employees—General powers— Officers The Board may complete the organization of the Foundation by appointing officers and employees employees, adopting a constitution and bylaws consistent with the purposes of the Foundation—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)
added 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)
added Limitation and conflicts of interest—
(1)
added 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)
added 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)
added the financial interests of that Director, officer, employee, or an immediate family member of such Director, officer, or employee; or
(B)
added 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)
added is an officer, director, or trustee; or
(ii)
added has any direct financial interest.
(3)
added 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.
(1)
removed may not be appointed until the Foundation has sufficient funds to pay for their services;
(2)
removed shall be appointed without regard to the provisions of title 5, United States Code, governing appointment in the competitive service; and
(3)
removed 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 Powers and obligations

(a)
In general— The Foundation—
(1)
changed shall have perpetual succession;succession; and
(2)
changed may conduct business throughout the several States, territories, and possessions of the United States;States.
(3)
removed 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)
removed may maintain as many offices as considered necessary by the Board outside of the metropolitan area of the District of Columbia.
(b)
changed 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 subsection (a)(3), this subsection, or mailed to the business address of such agent, is deemed 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)
added 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—
(d)
removed Powers—
(1)
removed 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)
removed Included powers— The powers of the Foundation under this subsection include the power to—
(1)
renumbered was (5)(3)(3) 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)
added acquire by donation, gift, devise, purchase, or exchange, and dispose of, any real or personal property or interest therein;
(3)
added sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income therefrom unless limited by the instrument of transfer;
(4)
added 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;
(B)
removed 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;
(5)
renumbered was (5)(3)(5) borrow money and issue bonds, debentures, or other debt instruments;
(6)
added 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)
added 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)
added do any and all acts necessary and proper to carry out the purposes of the Foundation.
(D)
removed 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)
removed 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)
removed do any and all acts necessary and proper to carry out the purpose of the Foundation under section 3(b).
(e)
changed Acquisition of property—Property—
(1)
changed In general—Acceptance of property— In addition to its powers under subsection (d), the Foundation may acquire, hold, and dispose of lands, waters, A gift, devise, or other interests in bequest of real property may be accepted by donation, gift, devise, purchase the Foundation even though it is encumbered, restricted, or exchange.subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation.
(2)
changed Exemption from condemnation—Refusal of property— No lands or waters, or interest therein, that are owned by the The Foundation and are determined by the Secretary to be valuable for energy and mineral production, shall be subject to condemnation by may, in its discretion, decline any State or political subdivision, gift, devise, or any agent bequest of instrumentality thereof.real or personal property.
(3)
added 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)
added 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)
added 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)
changed Startup funds—Establishment support— For the purposes of assisting the Foundation in establishing an office and meeting initial administrative, project, and other startup expenses, the Secretary may provide there is authorized to be appropriated to the Foundation Secretary $3,000,000 for fiscal year 2016, $2,000,000 from funds appropriated under section 10(a) for each of fiscal years 2016 2017, 2018, and 2017. Such funds 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.expended for authorized purposes.
(b)
added 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.
(b)
removed Administrative expenses—
(1)
removed 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)
removed Reimbursement— The Secretary—
(A)
removed may require the Foundation to reimburse the Secretary for the costs of providing personnel, facilities, and equipment under this subsection; and
(B)
removed 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 Volunteers

added 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)).

(a)
removed 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)
removed 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)
removed a full and complete statement of its receipts, expenditures, and investments;
(2)
removed a description of all acquisition and disposal of real property by the Foundation;
(3)
removed a detailed statement of the recipient, amount, and purpose of each grant made by the Foundation;
(4)
removed copies of all minutes of Board meetings;
(5)
removed a copy of the Foundation bylaws; and
(6)
removed a copy of the audit for such fiscal year.

Sec. 8 Audits and reports requirements

(a)
added 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.

removed 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—

(b)
changed Annual report— engages in, or threatens The Foundation shall transmit at the end of each fiscal year a report to engage in, any act, practice, or policy that is inconsistent with Congress of its purpose set forth in section 3(b); orproceedings and activities during that fiscal year, including—
(1)
added a full and complete statement of its receipts, expenditures, and investments;
(2)
added a description of all acquisition and disposal of real property by the Foundation;
(3)
added a detailed statement of the recipient, amount, and purpose of each grant made by the Foundation; and
(4)
added a copy of any audit prepared for the Foundation in the previous fiscal year.
(2)
removed refuses, fails, or neglects to discharge its obligations under this Act, or threatens to do so.

Sec. 10 Relief with respect to certain foundation acts or failure to act

added 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.

(a)
removed Startup funds— There is authorized to be appropriated to the Secretary $4,000,000 to carry out section 6(a).
(b)
removed 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.

Sec. 11 Limitation on authority

added

added 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

added

added Amounts available to, or provided by, the Foundation shall not be used for—

(1)
added any activity the purpose of which is to influence legislation pending before Congress; or
(2)
added any activity inconsistent with this Act.