(e) REIMBURSEMENT OF EXPENSES.—Voting mem-
bers of the Board shall serve without pay, but may be re-
imbursed for the actual and necessary traveling and sub-
sistence expenses incurred by them in the performance of 
their duties for the Foundation. Such reimbursement may 
not exceed such amount as would be authorized under sec-
tion 5703 of title 5, United States Code, for the payment 
of expenses and allowances for individuals employed inter-
mittently in the Federal Government service. 
(f) GENERAL POWERS.—The Board may complete 
the organization of the Foundation by— 
(1) appointing officers and employees (subject 
to subsection (g)(1)); 
(2) adopting a constitution and bylaws con-
sistent with the purpose of the Foundation under 
section 2(b) and the other provisions of section 2; 
and 
(3) undertaking other such acts as may be nec-
essary to function and to carry out this Act. 
(g) OFFICERS AND EMPLOYEES.—Officers and em-
ployees of the Foundation— 
(1) may not be appointed until the Foundation 
has sufficient funds to pay for their services; 
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(2) shall be appointed without regard to the 
provisions of title 5, United States Code, governing 
appointment in the competitive service; and 
(3) may be paid without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53 
of such title relating to classification and General 
Schedule pay rates. 
SEC. 4. CORPORATE POWERS AND OBLIGATIONS. 
(a) IN GENERAL.—The Foundation— 
(1) shall have perpetual succession; 
(2) may conduct business throughout the sev-
eral States, territories, possessions of the United 
States, and in Canada and Mexico; 
(3) shall have an office in the metropolitan area 
of the District of Columbia which shall at all times 
maintain a designated agent in the District of Co-
lumbia to accept services of processes for the Foun-
dation; 
(4) may maintain as many offices as deemed 
necessary, including project offices, by the Board 
outside of the metropolitan area of the District of 
Columbia, including an office in Albuquerque, New 
Mexico, or Denver, Colorado; and 
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(5) shall at all times maintain a designated 
agent in the District of Columbia authorized to ac-
cept services of process for the Foundation. 
(b) NOTICE AND SERVICE OF PROCESS.—The serving 
of notice to, or service of process upon, the agent required 
under subsection (a)(3), or mailed to the business address 
of such agent, shall be deemed 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.— 
(1) IN GENERAL.—To carry out its purpose, the 
Foundation shall have, in addition to powers other-
wise authorized under this Act, other than the power 
to issue securities of pay dividends. 
(2) INCLUDED
POWERS.—The powers of the 
Foundation under this subsection include the power 
to— 
(A) accept, receive, solicit, hold, admin-
ister, and use any gift, devise, or bequest, either 
absolutely or in trust, of real or personal prop-
erty or any income therefrom or other interest 
therein; 
(B) unless otherwise required by the in-
strument of transfer by which the Foundation 
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acquires property, sell, donate, lease, invest, re-
invest, retain, or otherwise dispose of any prop-
erty or income therefrom; 
(C) borrow money and issue bonds, deben-
tures, or other debt instruments; 
(D) sue and be sued, and complain and de-
fend itself in any court of competent jurisdic-
tion (except that the Directors of the Board 
shall not be personally liable, except for gross 
negligence); 
(E) enter into contracts or other arrange-
ments with public agencies, private organiza-
tions, and persons, and to make such payments 
as may be necessary to carry out the purposes 
thereof; and 
(F) do any and all acts necessary and 
proper to carry out the purposes of the Founda-
tion. 
(e) ACQUISITION OF PROPERTY.— 
(1) IN
GENERAL.—In addition to its powers 
under subsection (f), the Foundation may acquire, 
hold, and dispose of lands, waters, or other interests 
in real property by donation, gift, devise, purchase 
or exchange. 
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(2) EXEMPTION
FROM
CONDEMNATION.—No 
lands or waters, or interest therein, that are owned 
by the Foundation and are determined by the Sec-
retary to be valuable for purposes established in this 
Act shall be subject to condemnation by any State 
or political subdivision, or any agent of instrumen-
tality thereof. 
(f) DISSOLUTION.—If the Foundation is dissolved for 
any reason, funds remaining in accounts of the Founda-
tion and all assets of the Foundation shall be donated to 
the United States and available to the Secretary of the 
Interior for use in reclamation of abandoned mine lands. 
SEC. 5. ADMINISTRATIVE SERVICES AND SUPPORT. 
(a) STARTUP FUNDS.—For the purposes of assisting 
the Foundation in establishing an office and meeting ini-
tial administrative, project, and other startup expenses, 
the Secretary may provide to the Foundation $2,000,000 
from funds appropriated under section 11(a) for each of 
fiscal years 2008 and 2009. Such funds shall remain avail-
able to the Foundation until they are expended. 
(b) ADMINISTRATIVE EXPENSES.— 
(1) IN GENERAL.—The Secretary may provide 
the Foundation use of the Department of the Inte-
rior personnel, facilities, and equipment, subject to 
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such limitations, terms, and conditions as the Sec-
retary shall establish. 
(2) REIMBURSEMENT.—The Secretary.— 
(A) may require the Foundation to reim-
burse the Secretary for the costs of providing 
personnel, facilities, and equipment under this 
subsection; and 
(B) shall require such reimbursement be-
ginning upon the end of the 5-year period be-
ginning on the date of the enactment of this 
Act. 
SEC. 6. AUDITS AND REPORT REQUIREMENT. 
(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) REPORT.—The Foundation shall, as soon as prac-
ticable after the end of each fiscal year, transmit to the 
Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources of the Senate a report of its proceedings and 
activities during such fiscal year, including— 
(1) a full and complete statement of its re-
ceipts, expenditures, and investments; 
(2) a description of all acquisition and disposal 
of real property by the Foundation; and 
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(3) a detailed statement of the recipient, 
amount, and purpose of each grant made by the 
Foundation. 
SEC. 7. RELIEF WITH RESPECT TO CERTAIN FOUNDATION 
ACTS OR FAILURE TO ACT. 
The Attorney General of the United States may peti-
tion in the United States District Court for the District 
of Columbia for such equitable relief as may be necessary 
or appropriate if the Foundation— 
(1) engages in, or threatens to engage in, any 
act, practice, or policy that is inconsistent with its 
purpose set forth in section 2(b); or 
(2) refuses, fails, or neglects to discharge its 
obligations under this chapter, or threatens to do so. 
SEC. 8. UNITED STATES RELEASE FROM LIABILITY. 
The United States shall not be liable for any debts, 
defaults, acts, of omissions of the Foundation nor shall 
the full faith and credit of the United States extend to 
any obligations of the Foundation. 
SEC. 9. ACTIVITIES OF THE FOUNDATION AND DEPART-
MENT OF THE INTERIOR. 
The activities of the Foundation authorized under 
this Act shall be supplemental to, and shall not preempt, 
any authority or responsibility of the Department of the 
Interior under any other provision of law. 
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SEC. 10. DEFINITIONS. 
In this Act: 
(1) BOARD.—The term ‘‘Board’’ means the 
Board of Directors of the Foundation. 
(2) FOUNDATION.—The term ‘‘Foundation’’ 
means the Minerals Reclamation Foundation estab-
lished by this Act. 
(3) INTEREST IN REAL PROPERTY.—The term 
‘‘Interest in real property’’ includes mineral rights, 
right of way, and easements, appurtenant or in 
gross. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) SPLIT ESTATE LANDS.—The term ‘‘split es-
tate lands’’ means lands with respect to which the 
surface is or will be in non-Federal ownership and 
a mineral interest is owned by the United States. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
(a) START-UP FUNDS.—There is authorized to be ap-
propriated to the Secretary $4,000,000 to carry out sec-
tion 5(a). 
(b) MATCHING FUNDS.—There is authorized to be 
appropriated to the Secretary $3,000,000 for each of fiscal 
years 2009 through 2013, which shall be made available 
by the Secretary to the Foundation to match, on a one- 
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for-one basis, private contributions made to the Founda-
tion. 
Æ 
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