[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5725 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5725
To authorize a national memorial at, or proximate to, the World Trade
Center site to commemorate the tragic events of September 11, 2001, to
establish the World Trade Center Memorial Advisory Board, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 13, 2002
Mr. Nadler introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To authorize a national memorial at, or proximate to, the World Trade
Center site to commemorate the tragic events of September 11, 2001, to
establish the World Trade Center Memorial Advisory Board, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World Trade Center National
Memorial Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds as follows:
(1) On September 11, 2001, terrorists hijacked four
civilian aircraft, causing two of them to crash into the twin
towers of the World Trade Center in New York City, a third into
the Pentagon, and a fourth in rural southwest Pennsylvania.
(2) Nearly 3,000 people were killed at the World Trade
Center site in the most lethal terrorist attack ever committed
against the United States.
(3) In the months since the historic events of September
11, 2001, thousands of people have visited the World Trade
Center site to mourn the dead, to pay tribute to the heroic
action and sacrifice of the firefighters, police, emergency
personnel, and other responders, and attempt to understand the
nature of this attack on the United States.
(4) The attack on the World Trade Center resulted in great
destruction and damage to homes, churches, schools, and
commercial and retail buildings, causing the loss of thousands
of jobs and businesses in Lower Manhattan.
(5) The human and emotional toll of this attack has been
felt across the United States and throughout the world.
(6) Many are profoundly concerned about the future
disposition of the World Trade Center site, and many citizens,
family members, professional organizations, local businesses
and residents, and State and local officials have formed
coalitions and held forums to provide a voice for all
interested and concerned parties.
(7) A broad and deep consensus has emerged in the United
States that this site is a sacred site that cannot be forgotten
and requires the highest form of national recognition.
(8) It is appropriate that a national memorial be
established at, or proximate to, the World Trade Center site to
commemorate the internationally significant events of September
11, 2001, and the lives lost, and that the memorial be
designated as a unit of the National Park System.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish a national memorial at, or proximate to,
the World Trade Center site in New York City to commemorate the
tragic events of September 11, 2001.
(2) To ensure the public has full access to and significant
involvement in decisions regarding the location, planning, and
design of the national memorial.
(3) To authorize the Secretary of the Interior to provide
technical assistance to the Lower Manhattan Development
Corporation and to permanently administer the national memorial
as a unit of the National Park System for present and future
generations.
(4) To establish in the Department of the Interior the
World Trade Center Memorial Advisory Board to advise the
Director of the National Park Service on the management of the
memorial.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the World Trade Center
Memorial Advisory Board established in section 7.
(2) Corporation.--The term ``Corporation'' means the Lower
Manhattan Development Corporation, a public agency created to
oversee the rebuilding of the World Trade Center site and
surrounding area.
(3) Governor.--The term ``Governor'' means the Governor of
New York.
(4) Mayor.--The term ``Mayor'' means the Mayor of New York
City.
(5) Memorial.--The term ``Memorial'' means a sculpture,
structure, or landscape element, including the real property on
which it is sited, designed to commemorate the significance to
the Nation of the events of September 11, 2001, at or proximate
to the World Trade Center site in New York City and designated
under section 4.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. WORLD TRADE CENTER NATIONAL MEMORIAL.
(a) Establishment.-- There is authorized to be established as a
unit of the National Park System, a national memorial at, or proximate
to, the site of the World Trade Center in New York City. The proposed
design and boundary of the Memorial shall be determined through a
public planning process established by the Corporation and included in
the report required by section 5. The final design and boundary of the
Memorial shall be approved by the Secretary, the Governor, and the
Mayor.
(b) Administration.--Upon transfer to the United States by willing
sellers of the land upon which the Memorial is to be located, such land
and the Memorial shall be administered by the Secretary through the
National Park Service, as a unit of the National Park System, in
accordance with the provisions of this Act, the Act of August 25, 1916
(39 Stat. 535; 16 U.S.C. 1 through 4), and the Act of August 21, 1935
(49 Stat. 666; 16 U.S.C. 461-467).
SEC. 5. REPORT.
(a) Contents.--Not later than 3 years after the date of the
enactment of this Act, the Corporation shall submit a report to the
Secretary, the Governor, and the Mayor for approval. This report shall
contain the following:
(1) The recommended design and boundary for the Memorial.
(2) A description of those considerations incorporated into
the boundary and design necessary to permit the effective and
efficient management of the Memorial as a unit of the National
Park System.
(3) A proposal and schedule for the transfer of interests
in property as is appropriate to the Secretary. The transfer
must ensure that the property upon which the Memorial is to be
located is transferred to the United States by willing sellers
before construction of the Memorial begins.
(4) A description of the processes and opportunities
provided for public participation in the development of the
report.
(5) Any other planning, scheduling, construction, and long-
term management issues and recommendations which, in the
opinion of the Corporation, merit inclusion in the report.
(b) Approval Process.--Not later than 90 days after receiving
notification by the Governor and the Mayor of their respective
approvals of the report, the Secretary shall approve or disapprove the
report. If the Secretary disapproves the report, the Secretary shall
advise the Corporation, in writing, of the reasons for such disapproval
and shall indicate any recommendations for revisions. Not later than 45
days after receiving any necessary revisions to the report, the
Secretary shall approve or disapprove the revised report.
(c) Final Report.--The final report approved by the Secretary, the
Governor, and the Mayor shall be transmitted to the Committee on Energy
and Natural Resources of the Senate, and the Committee on Resources of
the House of Representatives.
SEC. 6. DUTIES OF THE SECRETARY.
The Secretary is authorized to take the following actions:
(1) Upon request by the Corporation, to provide assistance
in conducting public meetings and forums.
(2) Provide project management assistance for planning,
design, and construction activities and in particular, to
provide consultation and information permitting the plans and
designs included within the report as required in section 5 to
incorporate such elements necessary to facilitate the effective
and efficient management of the Memorial as a unit of the
National Park System.
(3) Provide other assistance related to documentation and
interpretation of the site and preservation of Memorial
artifacts.
(4) Acquire from willing sellers the land or interests in
land for the Memorial site by donation, purchase with donated
or appropriated funds, or exchange.
(5) Administer, through the National Park Service, the
Memorial as a unit of the National Park System in accordance
with this Act and with the laws generally applicable to units
of the National Park System.
(6) Prepare a charter for the Board established in section
7 to clarify its role and its relationship with the Department
of the Interior and the National Park Service.
SEC. 7. ESTABLISHMENT OF THE WORLD TRADE CENTER MEMORIAL ADVISORY
BOARD.
(a) Establishment.--Upon transfer of the completed Memorial to the
National Park Service, there is established an advisory Board to be
known as the ``World Trade Center Memorial Advisory Board''.
(b) Duties.--The Board shall operate as an advisor to the National
Park Service on the management of the Memorial, taking into
consideration input from the public and interested parties.
(c) Membership.--The Board shall be composed of 17 members
appointed by the Secretary as follows:
(1) Two members appointed after consideration of
recommendations by each United States Senator from the State of
New York.
(2) One member appointed after consideration of
recommendations by the member of the United States House of
Representatives whose district shall encompass the World Trade
Center site.
(3) Four members appointed after consideration of
recommendations by the Mayor, to represent a broad spectrum of
interested citizens, agencies, and organizations.
(4) Four members appointed after consideration of
recommendations by the Governor, to represent a broad spectrum
of interested citizens, agencies, and organizations.
(5) Six members appointed after consideration of
recommendations by the President.
(d) Terms.--Members of the Board shall serve for a term of 3 years.
Any member of the Board may continue to serve after the expiration of
his or her term, until such time as a successor is appointed. Any
vacancy in the Board shall be filled in the same manner in which the
original appointment was made.
(e) Chair.--The members of the Board shall designate 1 of the
members as Chair of the Board.
(f) Meetings.--The Board shall meet on a regular basis, at least 4
times a year. Notice of meetings shall be published in local
newspapers. Board meetings shall be held at locations and in such a
manner as to ensure adequate public involvement.
(g) Quorum.--A majority of the members serving on the Board shall
constitute a quorum for the transaction of any business.
(h) Voting.--The Board shall act and advise by a majority vote of
the members present at any meeting at which a quorum is in attendance.
(i) Expenses.--Members of the Board shall serve without
compensation, but while engaged in official business shall be entitled
to travel expenses, including per diem in lieu of subsistence in the
same manner as persons employed intermittently in Federal Government
service under section 5703 of title 5, United States Code.
(j) Termination.--The Board shall terminate 60 days after the date
upon which the Memorial ceases to be administered by the National Park
Service.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Construction.--Upon approval of the report required by section
5, the Secretary is authorized to grant such sums as may be necessary
to the Corporation for the construction of a permanent Memorial in
accordance with the approved report.
(b) Matching Requirement.--Funds made available pursuant to
subsection (a) shall not exceed 50 percent of the construction cost of
the Memorial.
(c) Technical Assistance.--There is authorized to be appropriated
to the National Park Service, $300,000 for fiscal year 2003 and each
fiscal year thereafter to provide technical assistance to the
Corporation and to otherwise carry out this Act.
(d) Board.--There is authorized to be appropriated to the Board
such sums as may be necessary to perform its responsibilities under
this Act.
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