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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3430 Introduced in Senate (IS)]

<DOC>

114th CONGRESS
  2d Session
                                S. 3430

  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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2016

  Mr. Heinrich (for himself, Mr. Wyden, and Mr. Udall) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bureau of Land Management Foundation 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the Foundation.
            (2) BLM.--The term ``BLM'' means the Bureau of Land 
        Management.
            (3) Chairman.--The term ``Chairman'' means the Chairman of 
        the Board.
            (4) Director.--The term ``Director'' means an individual 
        member of the Board.
            (5) Foundation.--The term ``Foundation'' means the Bureau 
        of Land Management Foundation established by this Act.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) National conservation lands.--The term ``National 
        Conservation Lands'' means the system of lands established by 
        section 2002 of the Omnibus Public Lands Management Act of 2009 
        (16 U.S.C. 7202).
            (8) Wild free-roaming horses and burros.--The term ``wild 
        free-roaming horses and burros'' has the same meaning that term 
        has under section 2(b) of the Wild Free-Roaming Horses and 
        Burros Act of 1971 (16 U.S.C. 1332(b)).
            (9) Orphaned oil and gas well sites.--The term ``orphaned 
        oil and gas well sites'' means all onshore oil and gas wells in 
        the United States that have no responsible or liable parties 
        and that--
                    (A) are located on federally managed lands;
                    (B) are located on lands or minerals that were 
                federally managed at the time oil and gas operations 
                were initiated; or
                    (C) adversely impact the health or productivity of 
                Federal lands.
            (10) Abandoned mine lands.--The term ``abandoned mine 
        lands'' means all hard rock mines in the United States that 
        were abandoned before January 1, 1981, and all coal mines in 
        the United States that were abandoned before August 3, 1977, 
        and that--
                    (A) are located on federally managed lands;
                    (B) are located on lands or minerals that were 
                federally managed at the time mining operations were 
                initiated; or
                    (C) adversely impact the health or productivity of 
                Federal lands.

SEC. 3. ESTABLISHMENT AND PURPOSES OF THE BUREAU OF LAND MANAGEMENT 
              FOUNDATION.

    (a) Establishment.--There is established the Bureau of Land 
Management Foundation as a charitable and nonprofit corporation that 
shall not be considered an agency or establishment of the United 
States.
    (b) Purposes.--
            (1) In general.--The purposes of the Foundation are to--
                    (A) encourage, accept, obtain, administer, and use 
                private gifts of money, devises, and bequests of real 
                and personal property for the benefit of, or in 
                connection with, the activities and services of the BLM 
                described in subparagraph (B);
                    (B) undertake, conduct, and encourage programs and 
                activities that support--
                            (i) educational, technical, scientific, and 
                        other assistance or activities that support the 
                        management of BLM lands in regard to--
                                    (I) wild free-roaming horses and 
                                burros;
                                    (II) fish and wildlife and their 
                                habitats;
                                    (III) National Conservation Lands;
                                    (IV) recreation resources; and
                                    (V) cultural and historic 
                                resources; and
                            (ii) activities that support the 
                        reclamation and remediation of--
                                    (I) abandoned mine lands;
                                    (II) orphaned oil and gas well 
                                sites; or
                                    (III) public lands impacted by 
                                development connected to mineral 
                                exploration and development activities.
            (2) Included reclamation activities.--Reclamation 
        activities under paragraph (1)(B) should include, but not be 
        limited to, the remediation of soil and water contamination, 
        the restoration of wildlife habitat in order to restore the 
        natural, scenic, historic, cultural, and ecological values of 
        such areas, or the promotion of the economic potential of such 
        areas.
    (c) Activities of the Foundation and the Bureau of Land 
Management.--The activities of the Foundation authorized under this Act 
shall be supplemental to and shall not preempt any authority or 
responsibility of the BLM under any other provision of law.
    (d) Range of Foundation Activities.--The activities and grants made 
by the Foundation under subsection (b)(1)(B) that are not subject to 
limitations under section 5(d)(4) shall be undertaken in equal 
proportion under clauses (i) and (ii) of subsection (b)(1)(B).

SEC. 4. BOARD OF DIRECTORS.

    (a) Establishment and Membership.--
            (1) In general.--The Foundation shall have a governing 
        Board of Directors, which shall consist of no more than nine 
        members, each of whom shall be a United States citizen.
            (2) Requirements of members.--Of the appointed members of 
        the Board--
                    (A) at least three shall have education or 
                experience in natural, cultural, conservation, or other 
                resource management, law, research, or advocacy;
                    (B) at least three shall have education or 
                experience in energy and minerals development, 
                reclamation, or remediation; and
                    (C) up to three 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 three 
        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), and such use shall include the expenditure of funds or 
        use of property for reasonable administrative expenses related 
        to actions to carry out the bequest;
            (5) borrow money and issue bonds, debentures, or other debt 
        instruments;
            (6) sue and be sued, and complain and defend itself in any 
        court of competent jurisdiction, except that the Directors of 
        the Board shall not be personally liable, except for gross 
        negligence;
            (7) enter into contracts or other arrangements with public 
        agencies, private organizations, and persons and to make such 
        payments as may be necessary to carry out the purposes thereof; 
        and
            (8) do any and all acts necessary and proper to carry out 
        the purposes of the Foundation.
    (e) Property.--
            (1) Acceptance of property.--A gift, devise, or bequest of 
        real property may be accepted by the Foundation even though it 
        is encumbered, restricted, or subject to beneficial interests 
        of private persons if any current or future interest therein is 
        for the benefit of the Foundation.
            (2) Refusal of property.--The Foundation may, in its 
        discretion, decline any gift, devise, or bequest of real or 
        personal property.
            (3) Title and interest in real property.--For the purposes 
        of this Act, an interest in real property shall be treated as 
        including mineral and water rights, rights-of-way, and 
        easements, appurtenant or in gross.
            (4) Condemnation of real property prohibited.--No lands or 
        waters, or interests therein, that are owned by the Foundation 
        shall be subject to condemnation by any State or political 
        subdivision, or any agent of instrumentality thereof.
            (5) Limitation on the acquisition of real property.--The 
        Foundation shall not use any funds to purchase real property, 
        unless such property is to be used by the Foundation for 
        administrative or other support purposes or is an easement for 
        right-of-way access necessary to utilize, manage, or otherwise 
        dispose of any bequest or gift of real property to the 
        Foundation.

SEC. 6. ADMINISTRATIVE SERVICES AND SUPPORT.

    (a) Establishment Support.--For fiscal years 2017 through 2019, the 
Foundation may accept Federal funds from a Federal agency under any 
other Federal law for use by the Foundation for the purposes of 
assisting the Foundation in establishing an office and meeting initial 
administrative, project, and other expenses in conformance with this 
Act.
    (b) Administrative Services.--The Secretary may provide personnel, 
facilities, equipment, and other administrative services to the 
Foundation with such limitations and on such terms and conditions as 
the Secretary shall establish. The Foundation may reimburse the 
Secretary for any support provided under this subsection, in whole or 
in part, and any reimbursement received by the Secretary under this 
subsection shall be deposited into the Treasury to the credit of the 
appropriations then current and chargeable for the cost of providing 
the services.

SEC. 7. VOLUNTEERS.

    The Secretary may accept, without regard to the civil service 
classification laws, rules, and regulations, the services of the 
Foundation, the Board, and the offices, employees, or agents of the 
Foundation, without compensation from the Department of the Interior, 
as volunteers for the performance of the functions under section 307(d) 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1737(d)).

SEC. 8. AUDITS AND REPORTS REQUIREMENTS.

    (a) Audits.--For purposes of section 10101 of title 36, United 
States Code, the Foundation shall be treated as a corporation in part B 
of subtitle II of such title.
    (b) Annual Report.--The Foundation shall transmit at the end of 
each fiscal year a report to Congress of its proceedings and activities 
during that fiscal year, including--
            (1) a full and complete statement of its receipts, 
        expenditures, and investments;
            (2) a description of all acquisition and disposal of real 
        property by the Foundation;
            (3) a detailed statement of the recipient, amount, and 
        purpose of each grant made by the Foundation; and
            (4) a copy of any audit prepared for the Foundation in the 
        previous fiscal year.

SEC. 9. UNITED STATES RELEASE FROM LIABILITY.

    The United States shall not be liable for any debts, defaults, 
acts, or omissions of the Foundation, nor shall the full faith and 
credit of the United States extend to any obligations of the 
Foundation.

SEC. 10. RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR FAILURE TO 
              ACT.

    The Attorney General may petition in the United States District 
Court for the District of Columbia for such equitable relief as may be 
necessary or appropriate if the Foundation engages in any act, 
practice, or policy that is inconsistent with this Act or the bylaws of 
the Foundation.

SEC. 11. LIMITATION ON AUTHORITY.

    Nothing in this Act authorizes the Foundation to perform any 
function the authority for which is exclusively provided to the BLM 
under any other provision of law.

SEC. 12. LIMITATIONS ON USE OF FUNDS.

    Amounts available to, or provided by, the Foundation shall not be 
used for--
            (1) any activity the purpose of which is to influence 
        legislation pending before Congress; or
            (2) any activity inconsistent with this Act.

SEC. 13. CLARIFICATION ON FUNDING.

    No additional funds are authorized to carry out the requirements of 
this Act. Such requirements shall be carried out using amounts 
otherwise authorized.
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