[105th Congress Public Law 58]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ58.105]
Public Law 105-58
105th Congress
An Act
To establish the Oklahoma City National Memorial as a unit of the
National Park System; to designate the Oklahoma City Memorial Trust, and
for other purposes. <<NOTE: Oct. 9, 1997 - [S. 871]>>
Be it enacted by the Senate and House of Representatives of the
United States <<NOTE: Oklahoma City National Memorial Act of 1997. 16
USC 450ss note.>> of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oklahoma City National Memorial Act
of 1997''.
SEC. 2. FINDINGS AND <<NOTE: 16 USC 450ss.>> PURPOSES.
Congress finds that--
(1) few events in the past quarter-century have rocked
Americans' perception of themselves and their institutions, and
brought together the people of our Nation with greater intensity
than the April 19, 1995, bombing of the Alfred P. Murrah Federal
Building in downtown Oklahoma City;
(2) the resulting deaths of 168 people, some of whom were
children, immediately touched thousands of family members whose
lives will forever bear scars of having those precious to them
taken away so brutally;
(3) suffering with such families are countless survivors,
including children, who struggle not only with the suffering
around them, but their own physical and emotional injuries and
with shaping a life beyond April 19;
(4) such losses and struggles are personal and, since they
resulted from so public an attack, they are also shared with a
community, a Nation, and the world;
(5) the story of the bombing does not stop with the attack
itself or with the many losses it caused. The responses of
Oklahoma's public servants and private citizens, and those from
throughout the Nation, remain as a testament to the sense of
unity, compassion, even heroism, that characterized the rescue
and recovery following the bombing;
(6) during the days immediately following the Oklahoma City
bombing, Americans and people from around the world of all
races, political philosophies, religions and walks of life
responded with unprecedented solidarity and selflessness; and
(7) given the national and international impact and
reaction, the Federal character of the site of the bombing, and
the significant percentage of the victims and survivors who were
Federal employees, the Oklahoma City Memorial will be
established, designed, managed and maintained to educate present
and future generations, through a public/private partnership, to
work together efficiently and respectfully in developing a
National Memorial relating to all aspects of the April 19, 1995,
bombing in Oklahoma City.
SEC. 3. <<NOTE: 16 USC 450ss-1.>> DEFINITIONS.
In this Act:
(1) Memorial.--The term ``Memorial'' means the Oklahoma City
National Memorial designated under section 4(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Trust.--The term ``Trust'' means the Oklahoma City
National Memorial Trust designated under section 5(a).
SEC. 4. <<NOTE: 16 USC 450ss-2.>> OKLAHOMA CITY NATIONAL MEMORIAL.
(a) In order to preserve for the benefit and inspiration of the
people of the United States and the world, as a National Memorial
certain lands located in Oklahoma City, Oklahoma, there is established
as a unit of the National Park System the Oklahoma City National
Memorial. The Memorial shall be administered by the Trust in cooperation
with the Secretary and in accordance with the provisions of this Act,
the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), and the
Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).
(b) The Memorial area shall be comprised of the lands, facilities
and structures generally depicted on the map entitled ``Oklahoma City
National Memorial'', numbered OCNM 001, and dated May 1997 (hereafter
referred to in this Act as the ``map''):
(1) Such map shall be on file and available for public
inspection in the appropriate offices of the National Park
Service and the Trust.
(2) After advising the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the
House of Representatives, in writing, the Trust, as established
by section 5 of this Act, in consultation with the Secretary,
may make minor revisions of the boundaries of the Memorial when
necessary by publication of a revised drawing or other boundary
description in the Federal Register.
SEC. 5. <<NOTE: 16 USC 450ss-3.>> OKLAHOMA CITY NATIONAL MEMORIAL
TRUST.
(a) Establishment.--There is established a wholly owned Government
corporation to be known as the Oklahoma City National Memorial Trust.
(b) Board of Directors.--
(1) In general.--The powers and management of the Trust
shall be vested in a board of Directors (hereinafter referred to
as the ``Board'') consisting of the following 9 members:
(A) The Secretary or the Secretary's designee.
(B) Eight <<NOTE: President.>> individuals,
appointed by the President, from a list of
recommendations submitted by the Governor of the State
of Oklahoma; and a list of recommendations submitted by
the Mayor of Oklahoma City, Oklahoma; and a list of
recommendations submitted by the United States Senators
from Oklahoma; and a list of recommendations submitted
by United States Representatives from Oklahoma. The
President shall make the appointments referred to in
this subparagraph within 90 days after the enactment of
this Act.
(2) Terms.--Members of the Board appointed under paragraph
(1)(B) shall each serve for a term of 4 years, except that of
the members first appointed, 2 shall serve for a term of 3
years; and 2 shall serve a term of 2 years. Any vacancy in the
Board shall be filled in the same manner in which the original
appointment was made, and any member appointed to fill a vacancy
shall serve for the remainder of that term for which his or her
predecessor was appointed. No appointed member may serve more
than 8 years in consecutive terms.
(3) Quorum.--Five members of the Board shall constitute a
quorum for the conduct of business by the Board.
(4) Organization and compensation.--The Board shall organize
itself in such a manner as it deems most appropriate to
effectively carry out the authorized activities of the Trust.
Board members shall serve without pay, but may be reimbursed for
the actual and necessary travel and subsistence expenses
incurred by them in the performance of the duties of the Trust.
(5) Liability of directors.--Members of the Board of
Directors shall not be considered Federal employees by virtue of
their membership on the Board, except for purposes of the
Federal Tort Claims Act and the Ethics in Government Act, and
the provisions of chapter 11 of title 18, United States Code.
(6) Meetings.--The <<NOTE: Public information.>> Board
shall meet at least three times per year in Oklahoma City,
Oklahoma and at least two of those meetings shall be opened to
the public. Upon a majority vote, the Board may close any other
meetings to the public. The Board shall establish procedures for
providing public information and opportunities for public
comment regarding operations maintenance and management of the
Memorial; as well as, policy, planning and design issues.
(7) Staff.--
(A) Non-national park service staff.--The Trust is
authorized to appoint and fix the compensation and
duties of an executive director and such other officers
and employees as it deems necessary without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and may pay
them without regard to the provisions of chapter 51, and
subchapter III of chapter 53, title 5, United States
Code, relating to classification and General Schedule
pay rates.
(B) Interim park service staff.--At the request of
the Trust, the Secretary shall provide for a period not
to exceed 2 years, such personnel and technical
expertise, as necessary, to provide assistance in the
implementation of the provisions of this Act.
(C) Park service staff.--At the request of the
Trust, the Secretary shall provide such uniformed
personnel, on a reimbursable basis, to carry out day-to-
day visitor service programs.
(D) Other federal employees.--At the request of the
Trust, the Director of any other Federal agency may
provide such personnel, on a reimbursable basis, to
carry out day-to-day visitor service programs.
(8) Necessary powers.--The Trust shall have all necessary
and proper powers for the exercise of the authorities vested in
it.
(9) Taxes.--The Trust and all properties administered by the
Trust shall be exempt from all taxes and special assessments of
every kind by the State of Oklahoma, and its political
subdivisions including the county of Oklahoma and the city of
Oklahoma City.
(10) Government corporation.--
(A) The Trust shall be treated as a wholly owned
Government corporation subject to chapter 91 of title
31, United States Code (commonly referred to as the
Government Corporation Control Act). Financial
statements of the Trust shall be audited annually in
accordance with section 9105 of title 31 of the United
States Code.
(B) At <<NOTE: Reports.>> the end of each calendar
year, the Trust shall submit to the Committee on Energy
and Natural Resources of the United States Senate and
the Committee on Resources of the House of
Representatives a comprehensive and detailed report of
its operations, activities, and accomplishments for the
prior fiscal year. The report also shall include a
section that describes in general terms the Trust's
goals for the current fiscal year.
SEC. 6. DUTIES AND <<NOTE: 16 USC 450ss-4.>> AUTHORITIES OF THE TRUST.
(a) Overall Requirements of the Trust.--The Trust shall administer
the operation, maintenance, management and interpretation of the
Memorial including, but not limited to, leasing, rehabilitation, repair
and improvement of property within the Memorial under its administrative
jurisdiction using the authorities provided in this section, which shall
be exercised in accordance with--
(1) the provisions of law generally applicable to units of
the National Park Service, including: ``An Act to establish a
National Park Service, and for other purposes'' approved August
25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4);
(2) the Act of August 21, 1935 (49 Stat. 666; U.S.C. 461-
467);
(3) the general objectives of the ``Memorial Mission
Statement'', adopted March 26, 1996, by the Oklahoma City
Memorial Foundation;
(4) the ``Oklahoma City Memorial Foundation
Intergovernmental Letter of Understanding'', dated October 28,
1996; and
(5) the Cooperative Agreement to be entered into between the
Trust and the Secretary pursuant to this Act.
(b) Authorities.--
(1) The Trust may participate in the development of programs
and activities at the properties designated by the map, and the
Trust shall have the authority to negotiate and enter into such
agreements, leases, contracts and other arrangements with any
person, firm, association, organization, corporation or
governmental entity, including, without limitation, entities of
Federal, State and local governments as are necessary and
appropriate to carry out its authorized activities. Any such
agreements may be entered into without regard to section 321 of
the Act of June 30, 1932 (40 U.S.C. 303b).
(2) The Trust shall establish procedures for lease
agreements and other agreements for use and occupancy of
Memorial facilities, including a requirement that in entering
into such agreements the Trust shall obtain reasonable
competition.
(3) The Trust may not dispose of or convey fee title to any
real property transferred to it under this Act.
(4) Federal laws and regulations governing procurement by
Federal agencies shall not apply to the Trust, with the
exception of laws and regulations related to Federal Government
contracts governing working conditions, and any civil rights
provisions otherwise applicable thereto.
(5) The Trust, <<NOTE: Regulations.>> in consultation with
the Administrator of Federal Procurement Policy, shall establish
and promulgate procedures applicable to the Trust's procurement
of goods and services including, but not limited to, the award
of contracts on the basis of contractor qualifications, price,
commercially reasonable buying practices, and reasonable
competition.
(c) Management <<NOTE: Contracts.>> Program.--Within one year after
the enactment of this Act, the Trust, in consultation with the
Secretary, shall develop a cooperative agreement for management of those
lands, operations and facilities within the Memorial established by this
Act. In furtherance of the general purposes of this Act, the Secretary
and the Trust shall enter into a Cooperative Agreement pursuant to which
the Secretary shall provide technical assistance for the planning,
preservation, maintenance, management, and interpretation of the
Memorial. The Secretary also shall provide such maintenance,
interpretation, curatorial management, and general management as
mutually agreed to by the Secretary and the Trust.
(d) Donations.--The Trust may solicit and accept donations of funds,
property, supplies, or services from individuals, foundations,
corporations, and other private or public entities for the purposes of
carrying out its duties.
(e) Proceeds.--Notwithstanding section 1341 of title 31 of the
United States Code, all proceeds received by the Trust shall be retained
by the Trust, and such proceeds shall be available, without further
appropriation, for the administration, operation, preservation,
restoration, operation and maintenance, improvement, repair and related
expenses incurred with respect to Memorial properties under its
administrative jurisdiction. The Secretary of the Treasury, at the
option of the Trust shall invest excess monies of the Trust in public
debt securities which shall bear interest at rates determined by the
Secretary of the Treasury taking into consideration the current average
market yield on outstanding marketable obligations of the United States
of comparable maturity.
(f) Suits.--The Trust may sue and be sued in its own name to the
same extent as the Federal Government. Litigation arising out of the
activities of the Trust shall be conducted by the Attorney General;
except that the Trust may retain private attorneys to provide advice and
counsel. The District Court for the Western District of Oklahoma shall
have exclusive jurisdiction over any suit filed against the Trust.
(g) Bylaws, Rules and Regulations.--The Trust may adopt, amend,
repeal, and enforce bylaws, rules and regulations governing the manner
in which its business may be conducted and the powers vested in it may
be exercised. The Trust is authorized, in consultation with the
Secretary, to adopt and to enforce those rules and regulations that are
applicable to the operation of the National Park System and that may be
necessary and appropriate to carry out its duties and responsibilities
under this Act. <<NOTE: Federal Register, publication.>> The Trust
shall give notice of the adoption of such rules and regulations by
publication in the Federal Register.
(h) Insurance.--The Trust shall require that all leaseholders and
contractors procure proper insurance against any loss in connection with
properties under lease or contract, or the authorized activities granted
in such lease or contract, as is reasonable and customary.
SEC. 7. <<NOTE: 16 USC 450ss-5.>> LIMITATIONS ON FUNDING.
Authorization of Appropriations:
(1) In general.--In furtherance of the purposes of this Act,
there is hereby authorized the sum of $5,000,000, to remain
available until expended.
(2) Matching requirement.--Amounts appropriated in any
fiscal year to carry out the provisions of this Act may only be
expended on a matching basis in a ratio of at least one non-
Federal dollar to every Federal dollar. For the purposes of this
provision, each non-Federal dollar donated to the Trust or to
the Oklahoma City Memorial Foundation for the creation,
maintenance, or operation of the Memorial shall satisfy the
matching dollar requirement without regard to the fiscal year in
which such donation is made.
SEC. 8. <<NOTE: 16 USC 450ss-6.>> ALFRED P. MURRAH FEDERAL BUILDING.
Prior to the construction of the Memorial the Administrator of
General Services shall, among other actions, exchange, sell, lease,
donate, or otherwise dispose of the site of the Alfred P. Murrah Federal
Building, or a portion thereof, to the Trust. Any such disposal shall
not be subject to--
(1) the Public Buildings Act of 1959 (40 U.S.C. 601 et
seq.);
(2) the Federal Property and Administrative Services Act of
1949 (40 U.S.C. et seq.); or
(3) any other Federal law establishing requirements or
procedures for the disposal of Federal property.
SEC. 9. <<NOTE: Reports. 16 USC 450ss-7.>> GENERAL ACCOUNTING OFFICE
STUDY.
Six years after the first meeting of the Board of Directors of the
Trust, the General Accounting Office shall conduct an interim study of
the activities of the Trust and shall report the results of the study to
the Committee on Energy and Natural Resources and the Committee on
Appropriations of the United States Senate,
and the Committee on Resources and Committee on Appropriations of the
House of Representatives. The study shall include, but shall not be
limited to, details of how the Trust is meeting its obligations under
this Act.
Approved October 9, 1997.
LEGISLATIVE HISTORY--S. 871 (H.R. 1849):
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HOUSE REPORTS: No. 105-316 accompanying H.R. 1849 (Comm. on Resources).
SENATE REPORTS: No. 105-71 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 143 (1997):
July 31, considered and passed Senate.
Sept. 23, considered and passed House, amended.
Sept. 25, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Oct. 9, Presidential statement.
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