43 USC 1748c - Bureau of Land Management Foundation

U.S Code last checked for updates: May 02, 2024

§ 1748c.

Bureau of Land Management Foundation

(a)

Definitions

In this section:

(1)

Board

(2)

Foundation

(3)

Public land

(4)

Secretary

(5)

Wild free-roaming horses and burros

(b)

Establishment and purposes

(1)

Establishment

(A)

In general

(B)

Limitation

(C)

Tax exemption

(2)

Purposes

The purposes of the Foundation are—

(A)

to encourage, accept, and administer private gifts of money and real and personal property for the benefit of, or in connection with the activities and services of, the Bureau of Land Management;

(B)

to carry out activities that advance the purposes for which public land is administered;

(C)

to carry out and encourage educational, technical, scientific, and other assistance or activities that support the mission of the Bureau of Land Management; and

(D)

to assist the Bureau of Land Management with challenges that could be better addressed with the support of a foundation, including—

(i)

reclamation and conservation activities;

(ii)

activities relating to wild free-roaming horses and burros; and

(iii)

the stewardship of cultural and archeological treasures on public land.

(c)

Board of Directors

(1)

Establishment

(A)

In general

(B)

Composition

(i)

In general

(ii)

Ex-officio member

(C)

Requirements

(i)

Citizenship

(ii)

Expertise

(iii)

Diverse points of view

(2)

Date of initial appointment

(3)

Terms

(A)

In general

(B)

Initial appointments

The Secretary shall stagger the initial appointments to the Board, as the Secretary determines to be appropriate, in a manner that ensures that—

(i)

1/3 of the members shall serve for a term of 2 years;

(ii)

1/3 of the members shall serve for a term of 4 years; and

(iii)

1/3 of the members shall serve for a term of 6 years.

(C)

Vacancies

A vacancy on the Board shall be filled—

(i)

not later than 60 days after the date of the vacancy;

(ii)

in the manner in which the original appointment was made; and

(iii)

for the remainder of the term of the member vacating the Board.

(D)

Removal for failure to attend meetings

(i)

In general

(ii)

Requirements

(E)

Limitation

(4)

Chairperson

(A)

In general

(B)

Term

The Chairperson of the Board—

(i)

shall serve as Chairperson for a 2-year term; and

(ii)

may be reelected as Chairperson while serving as a member of the Board.

(5)

Quorum

(6)

Meetings

The Board shall meet—

(A)

at the call of the Chairperson; but

(B)

not less than once each calendar year.

(7)

Reimbursement of expenses

(A)

In general

(B)

Reimbursement

(8)

General powers

The Board may—

(A)

appoint officers and employees in accordance with paragraph (9);

(B)

adopt a constitution and bylaws consistent with the purposes of the Foundation and this section; and

(C)

carry out any other activities that may be necessary to function and to carry out this section.

(9)

Officers and employees

(A)

In general

(B)

Limitation

(10)

Limitation and conflicts of interest

(A)

Prohibition on political activity

(B)

Limitation on participation

No member of the Board or officer or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation that affects—

(i)

the financial interests of the member of the Board, officer, or employee; or

(ii)

the interests of any corporation partnership, entity, or organization in which the member of the Board, officer, or employee—

(I)

is an officer, director, or trustee; or

(II)

has any direct or indirect financial interest.

(d)

Powers and obligations

(1)

In general

The Foundation—

(A)

shall have perpetual succession; and

(B)

may conduct business throughout the several States, territories, and possessions of the United States.

(2)

Notice; service of process

(A)

Designated agent

(B)

Service of process

(3)

Seal

(4)

Powers

To carry out the purposes of the Foundation, the Foundation shall have, in addition to powers otherwise authorized by this section, the usual powers of a not-for-profit corporation in the District of Columbia, including the power—

(A)

to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, absolutely or in trust, of real or personal property, or any income from, or other interest in, the property;

(B)

to acquire by donation, gift, devise, purchase, or exchange, and to dispose of, any real or personal property or interest in the property;

(C)

to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income from property, unless limited by the instrument of transfer;

(D)

to borrow money and issue bonds, debentures, or other debt instruments;

(E)

to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the members of the Board shall not be held personally liable, except in a case of gross negligence;

(F)

(i)

to enter into contracts or other agreements with public agencies, private organizations, and persons; and

(ii)

to make such payments as may be necessary to carry out the purposes of the contracts or agreements; and

(G)

to carry out any activity necessary and proper to advance the purposes of the Foundation.

(5)

Real property

(A)

In general

(B)

Acceptance

(C)

Declining gifts

(D)

Prohibition on condemnation

(e)

Administrative services and support

(1)

Funding

(A)

In general

(B)

Availability of funds

(2)

Administrative expenses

(A)

In general

(B)

Reimbursement

(f)

Volunteers

(g)

Audits and report requirements

(1)

Audits

(2)

Annual reports

(h)

United States release from liability

(1)

In general

(2)

Full faith and credit

(i)

Limitation on authority

(j)

Authorization of appropriations

(Pub. L. 115–31, div. G, title I, § 122, May 5, 2017, 131 Stat. 463.)

cite as: 43 USC 1748c