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H.R. 1849 (105th): Oklahoma City National Memorial Act of 1997

The text of the bill below is as of Jun 10, 1997 (Introduced).


HR 1849 IH

105th CONGRESS

1st Session

H. R. 1849

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.

IN THE HOUSE OF REPRESENTATIVES

June 10, 1997

Mr. LUCAS of Oklahoma introduced the following bill; which was referred to the Committee on Resources


A BILL

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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Oklahoma City National Memorial Act of 1997’.

SEC. 2 FINDINGS AND PURPOSES.

    (a) FINDINGS- 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; and,

      (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. 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. OKLAHOMA CITY NATIONAL MEMORIAL.

    (a) ESTABLISHMENT- 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.

    (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 (hereinafter 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, 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. 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 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 uniform 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.

SEC. 6. DUTIES AND 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; and,

      (4) the ‘Oklahoma Memorial Foundation Intergovernmental Letter of Understanding’, dated, October 28, 1996.

    (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 comprehensive program for management of those lands, operations and facilities within the Memorial established by this Act.

    (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 council. 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.

SEC. 7. LIMITATIONS ON FUNDING.

    (a) 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. ALFRED P. MURRAH FEDERAL BUILDING.

    (a) Prior to the construction of the Memorial the Administrator of the General Services Administration 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. GENERAL ACCOUNTING OFFICE STUDY.

    (a) 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.