(C) adversely impact the health or produc-
tivity 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 non-
profit corporation that shall not be considered an agency 
or establishment of the United States. 
(b) PURPOSES.— 
(1) IN GENERAL.—The purposes of the Founda-
tion are to— 
(A) encourage, accept, obtain, administer, 
and use private gifts of money, devises, and be-
quests of real and personal property for the ben-
efit of, or in connection with, the activities and 
services of the BLM described in subparagraph 
(B); 
(B) undertake, conduct, and encourage pro-
grams and activities that support— 
(i) educational, technical, scientific, 
and other assistance or activities that sup-
port the management of BLM lands in re-
gard to— 
(I) wild free-roaming horses and 
burros; 
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(II) fish and wildlife and their 
habitats; 
(III) 
National 
Conservation 
Lands; 
(IV) recreation resources; and 
(V) cultural and historic re-
sources; and 
(ii) activities that support the reclama-
tion and remediation of— 
(I) abandoned mine lands; 
(II) orphaned oil and gas well 
sites; or 
(III) public lands impacted by de-
velopment connected to mineral explo-
ration and development activities. 
(2) INCLUDED RECLAMATION ACTIVITIES.—Rec-
lamation 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, his-
toric, cultural, and ecological values of such areas, or 
the promotion of the economic potential of such areas. 
(c) ACTIVITIES OF THE FOUNDATION AND THE BU-
REAU OF LAND MANAGEMENT.—The activities of the Foun-
dation authorized under this Act shall be supplemental to 
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and shall not preempt any authority or responsibility of 
the BLM under any other provision of law. 
(d) RANGE OF FOUNDATION ACTIVITIES.—The activi-
ties 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 ap-
pointed members of the Board— 
(A) at least 3 shall have education or expe-
rience in natural, cultural, conservation, or other 
resource management, law, research, or advo-
cacy; 
(B) at least 3 shall have education or expe-
rience in energy and minerals development, rec-
lamation, or remediation; and 
(C) up to 3 shall be appointed as at-large 
members. 
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(3) EX OFFICIO MEMBER.—The Director of the 
Bureau of Land Management, or a designee of the Di-
rector 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 other-
wise 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 Sec-
retary— 
(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— 
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(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 indi-
vidual who was replaced. 
(4) REMOVAL.—A Director may be removed from 
the Board by a majority vote of the Board if the indi-
vidual misses 3 consecutive regularly scheduled meet-
ings. 
(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 nomina-
tions from the public of individuals for appointment 
to the Board. Such solicitation shall be open for a pe-
riod 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 ap-
pointed in the Federal Register. 
(7) REPRESENTATION OF DIVERSE AREAS OF EX-
PERTISE.—In appointing the members of the Board 
the Secretary shall seek to appoint, and may give 
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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 mem-
bers 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 mem-
bership of the Board shall constitute a quorum for the trans-
action 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 Di-
rector 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 un-
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dertaking other such acts as may be necessary to function 
and to carry out the provisions of this title. 
(h) OFFICERS AND EMPLOYEES.—Officers and em-
ployees of the Foundation may not be appointed until the 
Foundation has sufficient funds to pay them for their serv-
ice. Appointment as an officer or employee of the Founda-
tion shall not constitute employment by the United States. 
(i) LIMITATION AND CONFLICTS OF INTEREST.— 
(1) PROHIBITION ON POLITICAL CAMPAIGN AC-
TIVITY.—The Foundation shall not participate or in-
tervene in a political campaign on behalf of any can-
didate for public office. 
(2) CONFLICT OF INTEREST.—No Director, offi-
cer, or employee of the Foundation shall participate, 
directly or indirectly, in the consideration or deter-
mination of any particular matter before the Founda-
tion affecting— 
(A) the financial interests of that Director, 
officer, employee, or an immediate family mem-
ber of such Director, officer, or employee; or 
(B) the interests of any corporation, part-
nership, entity, or organization in which such 
Director, officer, employee, or an immediate fam-
ily member of such Director, officer, or em-
ployee— 
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(i) is an officer, director, or trustee; or 
(ii) has any direct financial interest. 
(3) LIMITATION ON ADMINISTRATIVE EXPENDI-
TURE.—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 Founda-
tion 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 author-
ized under this Act, to carry out its purposes the Founda-
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tion shall have the usual powers of a not-for-profit corpora-
tion 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 prop-
erty 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 rea-
sonable 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; 
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(7) enter into contracts or other arrangements 
with public agencies, private organizations, and per-
sons 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 be-
quest of real or personal property. 
(3) TITLE AND INTEREST IN REAL PROPERTY.— 
For the purposes of this Act, an interest in real prop-
erty shall be treated as including mineral and water 
rights, rights-of-way, and easements, appurtenant or 
in gross. 
(4) CONDEMNATION OF REAL PROPERTY PROHIB-
ITED.—No lands or waters, or interests therein, that 
are owned by the Foundation shall be subject to con-
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demnation 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 meet-
ing 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 pro-
vided to the Foundation shall remain available to the Foun-
dation until they are expended for authorized purposes. 
(b) ADMINISTRATIVE EXPENSES.—The Secretary may 
provide personnel, facilities, equipment, and other adminis-
trative services to the Foundation with such limitations and 
on such terms and conditions as the Secretary shall estab-
lish. 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 
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