(b) PURPOSE.—The purpose of the Foundation shall 
be— 
(1) to encourage, obtain, and use gifts, devises, 
and bequests of real and personal property for aban-
doned mine lands projects that further the conserva-
tion of natural, scenic, historic, scientific, edu-
cational, wildlife habitat, or recreational resources; 
(2) to foster compensation or approved and au-
thorized offsite mitigation for ongoing mining on 
Federal lands, State lands, and split estate lands; 
and 
(3) to work with other persons, including foun-
dations, to foster wider public knowledge of issues 
related to mineral resource extraction, reclamation, 
and sustainable development, including minerals 
education. 
(c) STRATEGY.—The Foundation shall develop a 
strategy to build partnerships with persons, including 
foundations and government agencies, and play a catalytic 
role that focuses on local action, to accomplish tangible 
and lasting results in the effective reclamation of aban-
doned mine lands. 
(d) GRANTS AND CONTRACTS.—The Foundation may 
use gifts, devises, bequests, and matching funds from the 
Secretary of the Interior under section 11(b) to make 
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grants and award contracts for a project described in sub-
section (b) that— 
(1) is approved by the Board of the Founda-
tion; 
(2) is consistent with the purpose of the Foun-
dation under subsection (b); and 
(3) is in accordance with the strategy under 
subsection (c). 
(e) LIMITATION AND CONFLICTS OF INTEREST.— 
(1) 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) POLITICAL
ACTIVITIES.—The Foundation 
shall not participate or intervene in a political cam-
paign on behalf of any candidate for public office. 
(3) CONFLICT OF INTERESTS.—No director, of-
ficer, or employee of the Foundation shall partici-
pate, directly or indirectly, in the consideration or 
determination of any question before the Foundation 
affecting— 
(A) the financial interests of the director, 
officer, or employee; or 
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(B) the interests of any corporation part-
nership, entity, or organization in which such 
director, officer, or employee— 
(i) is an officer, director, of trustee; or 
(ii) has any direct or indirect financial 
interest. 
(f) LIMITATION
ON
ADMINISTRATIVE
EXPENDI-
TURES.—Of the amount available to the Foundation for 
expenditure each fiscal year, not more than 20 percent 
may be used for administrative expenses. 
SEC. 3. BOARD OF DIRECTORS. 
(a) ESTABLISHMENT AND MEMBERSHIP.— 
(1) IN GENERAL.—The Foundation shall have a 
governing Board of Directors (in this Act referred to 
as the ‘‘Board’’), which shall consist of 15 Directors, 
each of whom shall be a United States citizen. 
(2) EDUCATION
AND
EXPERIENCE
OF
MEM-
BERS.—The members of the Board must be edu-
cated or have actual experience in minerals produc-
tion and reclamation of mine lands or mineral re-
source financing, law, or research. Not more than 3 
members of the Board at any particular time may 
be individuals admitted to engage in, and engaged 
in, the practice of law in a State. 
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(3) REPRESENTATION OF DIVERSE AREAS OF 
EXPERTISE.—To the extent practicable, members of 
the Board shall represent diverse areas of expertise 
relating to mining and mine reclamation. 
(4) EX OFFICIO MEMBER.—The Director of the 
Office of Surface Mining shall be an ex officio, non-
voting member of the Board. 
(5) APPOINTMENT AND TERMS.— 
(A) IN GENERAL.—Within one year after 
the date of enactment of this Act, the Secretary 
of the Interior shall appoint the Directors of 
the Board. Thereafter the Secretary shall no 
longer have such authority, and subsequent ap-
pointments shall be made by the Chairman with 
the advice and consent of a majority of the 
Board. 
(B) TERMS, GENERALLY.—Except as pro-
vided in subparagraph (C), directors shall be 
appointed for a term of 6 years. 
(C) 
INITIAL
APPOINTMENTS.—Of 
the 
members initially appointed— 
(i) one-third shall be appointed for a 
term of 2 years; and 
(ii) one-third shall be appointed for a 
term of 4 years. 
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(D) VACANCIES.—A vacancy on the Board 
shall be filled within 120 days after the occur-
rence of such vacancy, in the manner of which 
the original appointment was made. 
(E) LIMITATION.—No individual may serve 
more than 12 consecutive years as a Director. 
(6) REMOVAL.—If a Director misses three con-
secutive meetings of the Board, that individual may 
be removed from the Board by a majority vote of the 
Board of Directors and that vacancy filled in accord-
ance with this subsection. 
(7) NON-FEDERAL STATUS.—Appointment as a 
Director of the Board shall not constitute employ-
ment by, or the holding of an office of, the United 
States for the purposes of any Federal law. 
(b) CHAIRMAN.—The Chairman shall be elected by 
the Board from its members. 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) QUORUM.—A majority of the current voting mem-
bership of the Board shall constitute a quorum for the 
transaction of business. 
(d) MEETINGS.—The Board shall meet at the call of 
the Chairman at least once each year. 
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