[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[S. 871 Enrolled Bill (ENR)]
S.871
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Oklahoma City National Memorial Act
of 1997''.

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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.

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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).

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(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.

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(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 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 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 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.

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(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, 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 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. 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.

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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.

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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.

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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Oklahoma City National Memorial Act of 1997 — S. 871

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