I 

108TH CONGRESS 

1ST SESSION H. R. 3406

To amend the Oklahoma City National Memorial Act of 1997 to transfer 

the Oklahoma City National Memorial to the Oklahoma City National 

Memorial Foundation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2003

Mr. ISTOOK (for himself, Mr. LUCAS of Oklahoma, Mr. COLE, Mr. SULLIVAN, 

and Mr. CARSON of Oklahoma) introduced the following bill; which was 

referred to the Committee on Resources 

A BILL

To amend the Oklahoma City National Memorial Act of 

1997 to transfer the Oklahoma City National Memorial 

to the Oklahoma City National Memorial Foundation, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AMENDMENTS TO OKLAHOMA CITY NATIONAL 

4 MEMORIAL ACT OF 1997. 

5 (a) SHORT TITLE.—This section may be cited as the 

6 ‘‘Oklahoma City National Memorial Act Amendments of 

7 2003’’. 
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1 (b) FOUNDATION DEFINED; CONFORMING AMEND2 MENT.—Section 3 of the Oklahoma City National Memo3 rial Act of 1997 (16 U.S.C. 450ss–1) is amended—

4 (1) by redesignating paragraphs (1), (2), and 

5 (3) as paragraphs (2), (3), and (4), respectively; 

6 (2) by inserting immediately preceding para7 graph (2) (as so redesignated by paragraph (1) of 

8 this subsection) the following new paragraph: 

9 ‘‘(1) FOUNDATION.—The term ‘Foundation’ 

10 means the Oklahoma City National Memorial Foun11 dation, a not-for-profit corporation that is—

12 ‘‘(A) described in section 501(c)(3) of the 

13 Internal Revenue Code of 1986; 

14 ‘‘(B) exempt from taxation under section 

15 501(a) of such Code; and 

16 ‘‘(C) dedicated to the support of the Me17 morial.’’; and 

18 (3) in paragraph (3), by striking ‘‘designated 

19 under section 5(a)’’. 

20 (c) ADMINISTRATION OF MEMORIAL BY FOUNDA21 TION.—Section 4 of the Oklahoma City National Memo22 rial Act of 1997 (16 U.S.C. 450ss–2) is amended—

23 (1) in subsection (a)—

24 (A) by striking ‘‘a unit’’ and inserting ‘‘an 

25 affiliate’’; and 
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1 (B) by striking the second sentence; 

2 (2) by redesignating subsection (b) as sub3 section (c); 

4 (3) by inserting after subsection (a) the fol5 lowing new subsection: 

6 ‘‘(b) ADMINISTRATION OF MEMORIAL.—The Founda7 tion shall administer the Memorial in accordance with this 

8 Act and the general objectives of the ‘Memorial Mission 

9 Statement’, adopted March 26, 1996, by the Founda10 tion.’’; and 

11 (4) in subsection (c) (as so redesignated by 

12 paragraph (2) of this subsection) by striking ‘‘1997 

13 (hereafter’’ and all that follows through the final pe14 riod and inserting ‘‘1997. The map shall be on file 

15 and available for public inspection in the appropriate 

16 office of the Foundation.’’. 

17 (d) TRANSFER OF MEMORIAL PROPERTY, RIGHTS, 

18 AUTHORITIES, AND DUTIES.—Section 5 of the Oklahoma 

19 City National Memorial Act of 1997 (16 U.S.C. 450ss–

20 3) is amended to read as follows: 

21 ‘‘SEC. 5. TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AU22 THORITIES, AND DUTIES. 

23 ‘‘(a) TRANSFER OF MEMORIAL PROPERTY.—

24 ‘‘(1) IN GENERAL.—Not later than 90 days 

25 after the date of the enactment of the Oklahoma 
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1 City National Memorial Act Amendments of 2003, 

2 the Trust shall transfer to the Foundation—

3 ‘‘(A) all assets of the Trust, including all 

4 real and personal property of the Memorial, any 

5 appurtenances, buildings, facilities, monuments, 

6 contents, artifacts, contracts and contract 

7 rights, accounts, deposits, intangibles, trade8 marks, trade names, copyrights, all other intel9 lectual property, and all other real and personal 

10 property of every kind and character comprising 

11 the Memorial; 

12 ‘‘(B) any property owned by the Trust that 

13 is adjacent or related to the Memorial; and 

14 ‘‘(C) all property maintained for the Me15 morial, together with all rights, authorities, and 

16 duties relating to the ownership, administration, 

17 operation, and management of the Memorial. 

18 ‘‘(2) SUBSEQUENT GIFTS.—Any artifact, memo19 rial, or other personal property that is received by, 

20 or is intended by any person to be given to, the 

21 Trust after the date of transfer of property under 

22 paragraph (1) shall be the property of the Founda23 tion. 

24 ‘‘(b) ASSUMPTION OF TRUST OBLIGATIONS.—Any 

25 obligations of the Trust relating to the Memorial that have 
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1 been approved by the Trust before the date on which the 

2 property is transferred under subsection (a) shall become 

3 the responsibility of the Foundation on the date of the 

4 transfer. 

5 ‘‘(c) DISSOLUTION OF TRUST.—Not later than 30 

6 days after the transfer under subsection (a) is com7 pleted—

8 ‘‘(1) the Trust shall be dissolved; and 

9 ‘‘(2) the Trust shall notify the Secretary of the 

10 date of dissolution. 

11 ‘‘(d) AUTHORITY TO ENTER INTO AGREEMENTS.—

12 The Secretary, acting through the National Park Service, 

13 is authorized to enter into 1 or more cooperative agree14 ments with the Foundation for the National Park Service 

15 to provide interpretive services related to the Memorial 

16 and such other assistance as may be agreed upon between 

17 the Secretary and the Foundation. The costs of the serv18 ices and other agreed assistance shall be paid by the Sec19 retary. 

20 ‘‘(e) LIMITATION.—Nothing in this Act shall prohibit 

21 the use of State and local law enforcement for the pur22 poses of security related to the Memorial.’’. 

23 (e) REPEAL OF DUTIES AND AUTHORITIES OF

24 TRUST.—
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1 (1) IN GENERAL.—Section 6 of the Oklahoma 

2 City National Memorial Act of 1997 (16 U.S.C. 

3 450ss–4) is repealed. 

4 (2) EFFECTIVE DATE.—The repeal under this 

5 subsection shall take effect upon the transfer of the 

6 Memorial property, rights, authorities, and duties 

7 pursuant to the amendments made by subsection 

8 (d). 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 7 

10 of the Oklahoma City National Memorial Act of 1997 (16 

11 U.S.C. 450ss–5) is amended—

12 (1) in paragraph (1), by inserting ‘‘for an en13 dowment fund subject to paragraph (2)’’ after ‘‘the 

14 sum of $5,000,000’’; and 

15 (2) in paragraph (2)—

16 (A) by striking ‘‘Trust or to the Oklahoma 

17 City Memorial’’; and 

18 (B) by striking ‘‘or operation’’ and insert19 ing ‘‘operation, or endowment’’. 

20 (g) AUTHORIZATION OF SECRETARY TO REIMBURSE

21 PREVIOUS COSTS PAID BY FOUNDATION OR TRUST.—

22 (1) AUTHORIZATION FOR REIMBURSEMENT.—

23 To the extent that funds are made available for this 

24 subsection, the Secretary of the Interior shall reim25 burse the Oklahoma City National Memorial Foun-
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1 dation for funds obligated or expended by the Okla2 homa City National Memorial Foundation or the 

3 Oklahoma City National Memorial Trust to the Sec4 retary of the Interior for interpretive services, secu5 rity, and other costs and services related to the 

6 Oklahoma City National Memorial before the date of 

7 the enactment of this Act. The Oklahoma City Na8 tional Memorial Foundation may use such reim9 bursed funds for the operation, maintenance, and 

10 permanent endowment of the Oklahoma City Na11 tional Memorial. 

12 (2) AUTHORIZATION FOR APPROPRIATION.—

13 There is authorized to be appropriated to the Sec14 retary of the Interior $1,500,000 to carry out this 

15 subsection. 

16 (h) REPEAL OF DISPOSITION OF SITE OF ALFRED

17 P. MURRAH FEDERAL BUILDING.—Section 8 of the Okla18 homa City National Memorial Act of 1997 (16 U.S.C. 

19 450ss–6) is repealed. 

20 (i) REPEAL OF STUDY REQUIREMENT.—Section 9 of 

21 the Oklahoma City National Memorial Act of 1997 (16 

22 U.S.C. 450ss–7) is repealed.

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