Home > 105th Congressional Bills > S. 871 (enr) 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. ...S. 871 (enr) 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. ...
105th CONGRESS
1st Session
S. 871
_______________________________________________________________________
AMENDMENT
In the House of Representatives, U. S.,
September 23, 1997.
Resolved, That the bill from the Senate (S. 871) entitled ``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.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oklahoma City National Memorial Act
of 1997''.
SEC. 2. FINDINGS AND 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. 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) 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. 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 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.
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;
(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
Other Popular 105th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |