Oklahoma City National Memorial Act of 1997
PL 105-58 (S.871), enacted 10/09/1997

PUBLIC LAW 105-58—OCT. 9, 1997 
111 STAT. 1261 
Public Law 105-58 
105th Congress 
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. 
Oct. 9, 1997 
[S. 871] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Oklahoma City 
National 
SECTION 1. SHORT TITLE. 
Memorial Act of 
1997. 
This Act may be cited as the "Oklahoma City National Memo- le USC 450ss 
rial Act of 1997". 
note. 
SEC. 2. FINDINGS AND PURPOSES. 
Congress finds that— 
(1) few events in the past quarter-century have rocked 
Americans' perception of themselves euid their institutions, and 
brought togetiier the people of our Nation with greater intensity 
than the April 19, 1995, bombing of the Alfred P. Murrah 
Federal Building in downtown Oklalioma City; 
(2) the residting 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 injiuies 
and with shaping a life beyond April 19; 
(4) such losses and struggles are personal and, since they 
resulted from so public £in 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 
fi*om 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 immechately 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 reac-
tion, 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 
16 USC 450ss. 
I l l STAT. 1262 
PUBLIC LAW 105-58—OCT. 9, 1997 
present and future generations, through a pubHc/private part-
nership, to work together efficiently and respectfully in develop-
ing a NationeJ Memorial relating to all aspects of the April 
19,1995, bombing in Oklahoma City. 
16 use 450SS-1. 
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). 
16 use 450SS-2. 
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 estab-
lished 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 accordsince 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 Serv-
ice 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 estab-
lished by section 5 of this Act, in consultation with the Sec-
retary, 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. 
16 use 450SS-3. 
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. 
President. 
(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 recommenda-
tions 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. 
PUBLIC LAW 105-58—OCT. 9, 1997 
111 STAT. 1263 
(2) TERMS.—Members of the Board appointed under para-
graph (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 Bosird shall meet at least three times Public 
per year in Oklahoma City, Oklahoma and at least two of information, 
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 maintenemce 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 appoint-
ments in the competitive service, and may pay them with-
out 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 nec-
essary and proper powers for the exercise of the authorities 
vested in it. 
I l l STAT. 1264 
PUBLIC LAW 105-58—OCT. 9, 1997 
(9) TAXES.—The Trust and all properties administered by 
the Trust shall be exempt from all taxes and special assess-
ments 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 Govern-
ment 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. 
Reports. 
(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 accom-
plishments 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. 
16 use 450ss-i. 
SEC. 6. DUTIES AND AUTHORITIES OF THE TRUST. 
(a) OVERALL REQUIREMENTS OF THE TRUST.—The Trust shall 
administer 
the 
operation, 
maintenance, 
mcinagement 
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 State-
ment", adopted March 26, 1996, by the Oklahoma City Memo-
rial Foundation; 
(4) the "Oklahoma City Memorial Foundation Intergovern-
mental 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 pro-
grams 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 necessEiry 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 agree-
ments 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. 
PUBLIC LAW 105-58—OCT. 9, 1997 
111 STAT. 1265 
(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 Govern-
ment contracts governing working conditions, and any civil 
rights provisions otherwise applicable thereto. 
(5) The Trust, in consultation with the Administrator of Regulations. 
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 enact- Contracts, 
ment of this Act, the Trust, in consultation with the Secretary, 
shall develop a cooperative agreement for management of those 
Isinds, 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 Agree-
ment pursuant to which the Secretary shall provide technical assist-
ance for the planning, preservation, maintenance, management, 
and interpretation of the Memorial. The Secretary also shall provide 
such maintenance, interpretation, curatorial management, and gen-
eral 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, founda-
tions, 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, preserva-
tion, 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 deter-
mined by the Secretary of the Treasury taking into consideration 
the current average market yield on outstanding marketable obliga-
tions of the United States of comparable maturity. 
(f) SUITS.—The Trust may sue and be sued in its own name 
to the SEune 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 consulta-
tion 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 cany 
out its duties and responsibilities under this Act. The Trust sh£dl Federal Register, 
publication. 
I l l STAT. 1266 
PUBLIC LAW 105-58—OCT. 9, 1997 
give notice of the adoption of such rules and regulations by publica-
tion in the Federal Register. 
(h) INSURANCE.—The Trust shall require that all leaseholders 
and contractors procure proper insurance against any loss in connec-
tion with properties under lease or contract, or the authorized 
activities granted in such lease or contract, as is reasonable and 
customary. 
16 use 450SS-5. 
SEC. 7. LIMITATIONS ON FUNDING. 
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.—Amoimts 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 doUeir 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. 
16 use 450SS-6. 
SEC. 8. ALFRED P. MUKRAH FEDERAL BUILDING. 
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. 
Reports. 
16 use 450SS-7. 
SEC. 
9
. 
GENERAL 
ACCOUNTING 
OFFICE 
STUDY. 
Six years after the first meeting of the Board of Directors 
of the Trust, the General Accoimting 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 £ind Natural Resources 
and the Committee on Appropriations of the United States Senate, 
PUBLIC LAW 105-58—OCT. 9, 1997 
111 STAT. 1267 
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. 
Approved October 9, 1997. 
LEGISLATIVE HISTORY—S. 871 (H.R. 1849): 
HOUSE REPORTS: No. 105-316 accompanying H.R. 1849 (Comm. on Resoiirces). 
SENATE REPORTS: No. 105-71 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
July 31, considered and passed Senate. 
Sept. 23, considered and passed House, amended. 
Sept. 25, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
Oct. 9, Presidential statement.