,,ii #aadth ,,congress #b;d ,session ,s4 #cdcj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bh1 #bjaf,mr4 ,heinrich 7for himself1 ,mr4 ,wyden1 and ,mr4 ,udall7 introduced the following bill2 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 encourage1 obtain1 and use gifts1 devises1 and bequests for projects for the benefit of1 or in connection with1 activities and services of the ,bureau of ,land ,management1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,bureau of ,land ,management ,foundation ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,board ,the term ,board means the ,board of ,directors of the ,foundation4 7#b7 ,,blm ,the term ,,blm means the ,bureau of ,land ,management4 7#c7 ,chairman ,the term ,chairman means the ,chairman of the ,board4 7#d7 ,director ,the term ,director means an individual member of the ,board4 7#e7 ,foundation ,the term ,foundation means the ,bureau of ,land ,management ,foundation established by this ,act4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#g7 ,national ,conservation ,lands ,the term ,national ,conservation ,lands means the system of lands established by section #bjjb of the ,omnibus ,public ,lands ,management ,act of #bjji 7#af ,u4,s4,c4 #gbjb74 7#h7 ,wild free-roaming horses and burros ,the term wild free-roaming horses and burros has the same meaning that term has under section #b7;b7 of the ,wild ,free-,roaming ,horses and ,burros ,act of #aiga 7#af ,u4,s4,c4 #accb7;b774 7#i7 ,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-- 7,a7 are located on federally managed lands2 7,b7 are located on lands or minerals that were federally managed at the time oil and gas operations were initiated2 or 7,c7 adversely impact the health or productivity of ,federal lands4 7#aj7 ,abandoned mine lands ,the term abandoned mine lands means all hard rock mines in the ,united ,states that were abandoned before ,january #a1 #aiha1 and all coal mines in the ,united ,states that were abandoned before ,august #c1 #aigg1 and that-- 7,a7 are located on federally managed lands2 7,b7 are located on lands or minerals that were federally managed at the time mining operations were initiated2 or 7,c7 adversely impact the health or productivity of ,federal lands4 #c4 ,establishment and purposes of the ,bureau of ,land ,management ,foundation 7a7 ,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 ,states4 7b7 ,purposes 7#a7 ,in general ,the purposes of the ,foundation are to-- 7,a7 encourage1 accept1 obtain1 administer1 and use private gifts of money1 devises1 and bequests of real and personal property for the benefit of1 or in connection with1 the activities and services of the ,,blm described in subparagraph 7,b72 7,b7 undertake1 conduct1 and encourage programs and activities that support-- 7i7 educational1 technical1 scientific1 and other assistance or activities that support the management of ,,blm lands in regard to-- 7,i7 wild free-roaming horses and burros2 7,,ii7 fish and wildlife and their habitats2 7,,iii7 ,national ,conservation ,lands2 7,,iv7 recreation resources2 and 7,v7 cultural and historic resources2 and 7ii7 activities that support the reclamation and remediation of-- 7,i7 abandoned mine lands2 7,,ii7 orphaned oil and gas well sites2 or 7,,iii7 public lands impacted by development connected to mineral exploration and development activities4 7#b7 ,included reclamation activities ,reclamation activities under paragraph 7#a77;,b7 should include1 but not be limited to1 the remediation of soil and water contamination1 the restoration of wildlife habitat in order to restore the natural1 scenic1 historic1 cultural1 and ecological values of such areas1 or the promotion of the economic potential of such areas4 7c7 ,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 law4 7d7 ,range of ,foundation activities ,the activities and grants made by the ,foundation under subsection 7b77#a77;,b7 that are not subject to limitations under section #e7;d77#d7 shall be undertaken in equal proportion under clauses 7i7 and 7ii7 of subsection 7b77#a77;,b74 #d4 ,board of ,directors 7a7 ,establishment and membership 7#a7 ,in general ,the ,foundation shall have a governing ,board of ,directors1 which shall consist of no more than nine members1 each of whom shall be a ,united ,states citizen4 7#b7 ,requirements of members ,of the appointed members of the ,board-- 7,a7 at least three shall have education or experience in natural1 cultural1 conservation1 or other resource management1 law1 research1 or advocacy2 7,b7 at least three shall have education or experience in energy and minerals development1 reclamation1 or remediation2 and 7,c7 up to three shall be appointed as at-large members4 7#c7 ,ex officio member ,the ,director of the ,bureau of ,land ,management1 or a designee of the ,director of the ,bureau of ,land ,management1 shall be an ex officio nonvoting member of the ,board4 7b7 ,appointment and terms 7#a7 ,initial appointment ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall appoint the members of the ,board in accordance with paragraph 7#f7 who1 except as otherwise provided in paragraph 7#b71 shall be appointed for terms of #f years4 7#b7 ,staggered appointments ,in appointing the initial members of the ,board1 the ,secretary shall appoint1 as determined to be appropriate by the ,secretary-- 7,a7 one-third of the members to serve an initial term of #b years2 7,b7 one-third of the members to serve an initial term of #d years2 and 7,c7 one-third of the members to serve an initial term of #f years4 7#c7 ,vacancy ,a vacancy on the ,board shall be-- 7,a7 filled not later than #fj days after the vacancy occurs1 in the manner of which the original appointment was made2 and 7,b7 for the balance of the term of the individual who was replaced4 7#d7 ,removal ,a ,director may be removed from the ,board by a majority vote of the ,board if the individual misses three consecutive regularly scheduled meetings4 7#e7 ,term limit ,in no case may an individual serve more than #ab consecutive years on the ,board4 7#f7 ,nominations ,the ,secretary shall publish a solicitation in the ,federal ,register seeking nominations from the public of individuals for appointment to the ,board4 ,such solicitation shall be open for a period of #cj days4 ,nominations submitted shall not be binding1 but the ,secretary shall give consideration to the names received4 ,within #cj days after the end of such period1 the ,secretary shall appoint members who comply with the requirements of subsection 7a77#b71 and publish the names and backgrounds of those appointed in the ,federal ,register4 7#g7 ,representation of diverse areas of expertise ,in appointing the members of the ,board the ,secretary shall seek to appoint1 and may give preference to1 individuals who have experience with ,state or local government partnerships and represent diverse areas of expertise4 7c7 ,chairman ,the ,chairman-- 7#a7 shall be elected by the ,board from its members for a #b-year term2 and 7#b7 may be reelected as ,chairman while serving as a ,director4 7d7 ,quorum ,a majority of the current voting membership of the ,board shall constitute a quorum for the transaction of business4 7e7 ,meetings ,the ,board shall meet at the call of the ,chairman at least once a year4 7f7 ,reimbursement of expenses ,serving as a ,director shall not constitute employment by the ,united ,states ,government for any purpose4 ,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 #egjc of title #e1 ,united ,states ,code4 7g7 ,general powers ,the ,board may complete the organization of the ,foundation by appointing officers and employees1 adopting a constitution and bylaws consistent with the purposes of the ,foundation and this ,act1 and undertaking other such acts as may be necessary to function and to carry out the provisions of this title4 7h7 ,officers and employees ,officers and employees of the ,foundation may not be appointed until the ,foundation has sufficient funds to pay them for their service4 ,appointment as an officer or employee of the ,foundation shall not constitute employment by the ,united ,states4 7i7 ,limitation and conflicts of interest 7#a7 ,prohibition on political campaign activity ,the ,foundation shall not participate or intervene in a political campaign on behalf of any candidate for public office4 7#b7 ,conflict of interest ,no ,director1 officer1 or employee of the ,foundation shall participate1 directly or indirectly1 in the consideration or determination of any particular matter before the ,foundation affecting-- 7,a7 the financial interests of that ,director1 officer1 employee1 or an immediate family member of such ,director1 officer1 or employee2 or 7,b7 the interests of any corporation1 partnership1 entity1 or organization in which such ,director1 officer1 employee1 or an immediate family member of such ,director1 officer1 or employee-- 7i7 is an officer1 director1 or trustee2 or 7ii7 has any direct financial interest4 7#c7 ,limitation on administrative expenditure ,starting in the fifth fiscal year beginning after the date of the enactment of this ,act1 of the amounts available to the ,foundation for expenditure each fiscal year1 not more than #ae percent may be used for administrative expenses4 #e4 ,powers and obligations 7a7 ,in general ,the ,foundation-- 7#a7 shall have perpetual succession2 and 7#b7 may conduct business throughout the several ,states1 territories1 and possessions of the ,united ,states4 7b7 ,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 ,foundation4 ,the serving of notice to1 or service of process upon1 the agent required under this subsection1 or mailed to the business address of such agent1 shall be treated as service upon or notice to the ,foundation4 7c7 ,seal ,the ,foundation shall have an official seal selected by the ,board1 which shall be judicially noticed4 7d7 ,powers ,in addition to powers otherwise authorized under this ,act1 to carry out its purposes the ,foundation shall have the usual powers of a not-for-profit corporation in the ,district of ,columbia1 including the power to-- 7#a7 accept1 receive1 solicit1 hold1 administer1 and use any gift1 devise1 or bequest1 either absolutely or in trust1 of real or personal property or any income therefrom or other interest therein2 7#b7 acquire by donation1 gift1 devise1 purchase1 or exchange1 and dispose of1 any real or personal property or interest therein2 7#c7 sell1 donate1 lease1 invest1 reinvest1 retain1 or otherwise dispose of any property or income therefrom unless limited by the instrument of transfer2 7#d7 accept1 receive1 solicit1 hold1 administer1 and use any gift1 devise1 or bequest1 at the request of the donor thereof1 strictly and exclusively for any purpose set forth in section #c7;b71 and such use shall include the expenditure of funds or use of property for reasonable administrative expenses related to actions to carry out the bequest2 7#e7 borrow money and issue bonds1 debentures1 or other debt instruments2 7#f7 sue and be sued1 and complain and defend itself in any court of competent jurisdiction1 except that the ,directors of the ,board shall not be personally liable1 except for gross negligence2 7#g7 enter into contracts or other arrangements with public agencies1 private organizations1 and persons and to make such payments as may be necessary to carry out the purposes thereof2 and 7#h7 do any and all acts necessary and proper to carry out the purposes of the ,foundation4 7e7 ,property 7#a7 ,acceptance of property ,a gift1 devise1 or bequest of real property may be accepted by the ,foundation even though it is encumbered1 restricted1 or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the ,foundation4 7#b7 ,refusal of property ,the ,foundation may1 in its discretion1 decline any gift1 devise1 or bequest of real or personal property4 7#c7 ,title and interest in real property ,for the purposes of this ,act1 an interest in real property shall be treated as including mineral and water rights1 rights-of-way1 and easements1 appurtenant or in gross4 7#d7 ,condemnation of real property prohibited ,no lands or waters1 or interests therein1 that are owned by the ,foundation shall be subject to condemnation by any ,state or political subdivision1 or any agent of instrumentality thereof4 7#e7 ,limitation on the acquisition of real property ,the ,foundation shall not use any funds to purchase real property1 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 utilize1 manage1 or otherwise dispose of any bequest or gift of real property to the ,foundation4 #f4 ,administrative services and support 7a7 ,establishment support ,for fiscal years #bjag through #bjai1 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 administrative1 project1 and other expenses in conformance with this ,act4 7b7 ,administrative services ,the ,secretary may provide personnel1 facilities1 equipment1 and other administrative services to the ,foundation with such limitations and on such terms and conditions as the ,secretary shall establish4 ,the ,foundation may reimburse the ,secretary for any support provided under this subsection1 in whole or in part1 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 services4 #g4 ,volunteers ,the ,secretary may accept1 without regard to the civil service classification laws1 rules1 and regulations1 the services of the ,foundation1 the ,board1 and the offices1 employees1 or agents of the ,foundation1 without compensation from the ,department of the ,interior1 as volunteers for the performance of the functions under section #cjg7;d7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agcg7;d774 #h4 ,audits and reports requirements 7a7 ,audits ,for purposes of section #ajaja of title #cf1 ,united ,states ,code1 the ,foundation shall be treated as a corporation in part ,b of subtitle ,,ii of such title4 7b7 ,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 year1 including-- 7#a7 a full and complete statement of its receipts1 expenditures1 and investments2 7#b7 a description of all acquisition and disposal of real property by the ,foundation2 7#c7 a detailed statement of the recipient1 amount1 and purpose of each grant made by the ,foundation2 and 7#d7 a copy of any audit prepared for the ,foundation in the previous fiscal year4 #i4 ,united ,states release from liability ,the ,united ,states shall not be liable for any debts1 defaults1 acts1 or omissions of the ,foundation1 nor shall the full faith and credit of the ,united ,states extend to any obligations of the ,foundation4 #aj4 ,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 act1 practice1 or policy that is inconsistent with this ,act or the bylaws of the ,foundation4 #aa4 ,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 law4 #ab4 ,limitations on use of funds ,amounts available to1 or provided by1 the ,foundation shall not be used for-- 7#a7 any activity the purpose of which is to influence legislation pending before ,congress2 or 7#b7 any activity inconsistent with this ,act4 #ac4 ,clarification on funding ,no additional funds are authorized to carry out the requirements of this ,act4 ,such requirements shall be carried out using amounts otherwise authorized4