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[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\
---------------------------------------------------------------------------
    \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.).
---------------------------------------------------------------------------

                            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]
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