IIB 
114TH CONGRESS 
2D SESSION 
H. R. 3844 
IN THE SENATE OF THE UNITED STATES 
JULY 6, 2016 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
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 Manage-
ment, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bureau of Land Man-
agement 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 Bu-
reau 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 sys-
tem of lands established by section 2002 of the Om-
nibus Public Lands Management Act of 2009 (16 
U.S.C. 7202). 
(8) WILD
FREE-ROAMING
HORSES
AND
BUR-
ROS.—The term ‘‘wild free-roaming horses and bur-
ros’’ has the same meaning that term has under sec-
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tion 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 produc-
tivity 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 op-
erations were initiated; or 
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(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 Bu-
reau of Land Management Foundation as a charitable and 
nonprofit corporation that shall not be considered an agen-
cy or establishment of the United States. 
(b) PURPOSES.— 
(1) IN GENERAL.—The purposes of the Foun-
dation are to— 
(A) encourage, accept, obtain, administer, 
and use private gifts of money, devises, and be-
quests of real and personal property for the 
benefit of, or in connection with, the activities 
and services of the BLM described in subpara-
graph (B); 
(B) undertake, conduct, and encourage 
programs 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 rec-
lamation and remediation of— 
(I) abandoned mine lands; 
(II) orphaned oil and gas well 
sites; or 
(III) public lands impacted by 
development connected to mineral ex-
ploration and development activities. 
(2) INCLUDED
RECLAMATION
ACTIVITIES.— 
Reclamation activities under paragraph (1)(B) 
should include, but not be limited to, the remedi-
ation of soil and water contamination, the restora-
tion of wildlife habitat in order to restore the nat-
ural, scenic, historic, cultural, and ecological values 
of such areas, or the promotion of the economic po-
tential of such areas. 
(c) ACTIVITIES OF THE FOUNDATION AND THE BU-
REAU
OF LAND MANAGEMENT.—The activities of the 
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Foundation authorized under this Act shall be supple-
mental to and shall not preempt any authority or responsi-
bility of the BLM under any other provision of law. 
(d) RANGE OF FOUNDATION ACTIVITIES.—The ac-
tivities and grants made by the Foundation under sub-
section (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 ap-
pointed 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. 
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(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 other-
wise provided in paragraph (2), shall be appointed 
for terms of 6 years. 
(2) STAGGERED APPOINTMENTS.—In appoint-
ing 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— 
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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 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 pub-
lish a solicitation in the Federal Register seeking 
nominations from the public of individuals for ap-
pointment 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 ap-
point members who comply with the requirements of 
subsection (a)(2), and publish the names and back-
grounds 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 
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give preference to, individuals who have experience 
with State or local government partnerships and rep-
resent 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 
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 ex-
penses 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 con-
sistent with the purposes of the Foundation and this Act, 
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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 em-
ployees 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 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, of-
ficer, or employee of the Foundation shall partici-
pate, 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 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 
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family member of such Director, officer, or em-
ployee— 
(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 sev-
eral States, territories, and possessions of the 
United States. 
(b) NOTICE AND SERVICE OF PROCESS.—The Foun-
dation 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 sub-
section, or mailed to the business address of such agent, 
shall be treated as service upon or notice to the Founda-
tion. 
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(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 au-
thorized 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 there-
from 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 pur-
pose set forth in section 3(b), and such use shall in-
clude the expenditure of funds or use of property for 
reasonable administrative expenses related to actions 
to carry out the bequest; 
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(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 person-
ally liable, except for gross negligence; 
(7) enter into contracts or other arrangements 
with public agencies, private organizations, and per-
sons and to make such payments as may be nec-
essary 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, de-
vise, or bequest of real property may be accepted by 
the Foundation even though it is encumbered, re-
stricted, 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
PROP-
ERTY.—For the purposes of this Act, an interest in 
real property shall be treated as including mineral 
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and water rights, rights-of-way, and easements, ap-
purtenant or in gross. 
(4) CONDEMNATION OF REAL PROPERTY PRO-
HIBITED.—No lands or waters, or interests therein, 
that are owned by the Foundation shall be subject 
to condemnation by any State or political subdivi-
sion, 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 prop-
erty is to be used by the Foundation for administra-
tive 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 prop-
erty 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 ini-
tial administrative, project, and other expenses in con-
formance with this Act. 
(b) ADMINISTRATIVE SERVICES.—The Secretary may 
provide personnel, facilities, equipment, and other admin-
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istrative 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 Sec-
retary 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 serv-
ices of the Foundation, the Board, and the offices, employ-
ees, 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 trans-
mit at the end of each fiscal year a report to Congress 
of its proceedings and activities during that fiscal year, 
including— 
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(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; 
(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 Foun-
dation 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 Founda-
tion. 
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SEC. 11. LIMITATION ON AUTHORITY. 
Nothing in this Act authorizes the Foundation to per-
form 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 influ-
ence 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 car-
ried out using amounts otherwise authorized. 
Passed the House of Representatives July 5, 2016. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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