I
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 Okla-
homa City Memorial Trust, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Oklahoma City Na-
tional 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
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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 bru-
tally;
(3) suffering with such families are countless
survivors, including children, who struggle not only
with the suffering around them, but their own phys-
ical 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 na-
tion, remain as a testament to the sense of unity,
compassion, even heroism, that characterized the
rescue and recovery following the bombing.
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(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 unprece-
dented 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 vic-
tims and survivors who were federal employees the
Oklahoma City Memorial will be established, de-
signed, managed and maintained to educate present
and future generations, through a public/private
partnership, to work together efficiently and respect-
fully in developing a National Memorial relating to
all aspects of the April 19, 1995, bombing in Okla-
homa 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.
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(3) TRUST.—The term ‘‘trust’’ means the Okla-
homa 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 lo-
cated 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’’, num-
bered OCNM 001, and dated May 1997 (hereinafter re-
ferred 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 Com-
mittee on Resources of the House of Representa-
tives, 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 publi-
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cation of a revised drawing or other boundary de-
scription 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 Okla-
homa City National Memorial Trust.
(b) BOARD OF DIRECTORS.—
(1) IN
GENERAL.—The powers and manage-
ment of the Trust shall be vested in a board of Di-
rectors (hereinafter referred to as the ‘‘Board’’) con-
sisting of the following 9 members:
(A) The Secretary or the Secretary’s des-
ignee.
(B) Eight individuals, appointed by the
President, from a list of recommendations sub-
mitted by the Governor of the State of Okla-
homa; 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.
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(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 ap-
pointed, 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 mem-
ber appointed to fill a vacancy shall serve for the re-
mainder of that term for which his or her prede-
cessor 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 busi-
ness 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 ex-
penses 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
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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 infor-
mation and opportunities for public comment re-
garding 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 exec-
utive director and such other officers and em-
ployees as it deems necessary without regard to
the provisions of title 5, United States Code,
governing appointments in the competitive serv-
ice, and may pay them without regard to the
provisions of chapter 51, and subchapter III of
chapter 53, title 5, United States Code, relating
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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 person-
nel, 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 ad-
ministered by the Trust shall be exempt from all
taxes and special assessments of every kind by the
State of Oklahoma, and its political subdivisions in-
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cluding 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 chap-
ter 91 of title 31, United States Code (com-
monly referred to as the Government Corpora-
tion 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 cur-
rent fiscal year.
SEC. 6. DUTIES AND AUTHORITIES OF THE TRUST.
(a) OVERALL REQUIREMENTS OF THE TRUST.—The
Trust shall administer the operation, maintenance, man-
agement and interpretation of the Memorial including, but
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not limited to, leasing, rehabilitation, repair and improve-
ment of property within the Memorial under its adminis-
trative 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 Mis-
sion Statement’’, adopted March 26, 1996, by the
Oklahoma City Memorial Foundation; and,
(4) the ‘‘Oklahoma Memorial Foundation Inter-
governmental Letter of Understanding’’, dated, Oc-
tober 28, 1996.
(b) AUTHORITIES.—
(1) The Trust may participate in the develop-
ment of programs and activities at the properties
designated by the map, and the Trust shall have the
authority to negotiate and enter into such agree-
ments, leases, contracts and other arrangements
with any person, firm, association, organization, cor-
poration or governmental entity, including, without
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limitation, entities of Federal, State and local gov-
ernments 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 require-
ment 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 pro-
curement by Federal Agencies shall not apply to the
Trust, with the exception of laws and regulations re-
lated to Federal Government contracts governing
working conditions, and any civil rights provisions
otherwise applicable thereto.
(5) The Trust, in consultation with the Admin-
istrator of Federal Procurement Policy, shall estab-
lish 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
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reasonable buying practices, and reasonable competi-
tion.
(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 with-
in the Memorial established by this Act.
(d) DONATIONS.—The Trust may solicit and accept
donations of funds, property, supplies, or services from in-
dividuals, 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 pro-
ceeds shall be available, without further appropriation, for
the administration, operation, preservation, restoration,
operation and maintenance, improvement, repair and re-
lated expenses incurred with respect to Memorial prop-
erties 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 aver-
age market yield on outstanding marketable obligations of
the United States of comparable maturity.
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(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 exer-
cised. The Trust is authorized, in consultation with the
Secretary, to adopt and to enforce those rules and regula-
tions 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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SEC. 7. LIMITATIONS ON FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In furtherance of the pur-
poses of this Act, there is hereby authorized the sum
of $5,000,000, to remain available until expended.
(2) MATCHING
REQUIREMENT.—Amounts ap-
propriated in any fiscal year to carry out the provi-
sions of this Act may only be expended on a match-
ing 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 Founda-
tion for the creation, maintenance, or operation of
the Memorial shall satisfy the matching dollar re-
quirement 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 Ad-
ministrator of the General Services Administration shall,
among other actions, exchange, sell, lease, donate, or oth-
erwise dispose of the site of the Alfred P. Murrah Federal
Building, or a portion thereof, to the Trust. Any such dis-
posal shall not be subject to—
(1) the Public Buildings Act of 1959 (40
U.S.C. 601 et seq.);