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Billno should always have and extension i.e. h1.ih

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. (Introduced in House)

HR 3406 IH

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.

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

SECTION 1. AMENDMENTS TO OKLAHOMA CITY NATIONAL MEMORIAL ACT OF 1997.

(a) SHORT TITLE- This section may be cited as the `Oklahoma City National Memorial Act Amendments of 2003'.

(b) FOUNDATION DEFINED; CONFORMING AMENDMENT- Section 3 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-1) is amended--

(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively;

(2) by inserting immediately preceding paragraph (2) (as so redesignated by paragraph (1) of this subsection) the following new paragraph:

`(1) FOUNDATION- The term `Foundation' means the Oklahoma City National Memorial Foundation, a not-for-profit corporation that is--

`(A) described in section 501(c)(3) of the Internal Revenue Code of 1986;

`(B) exempt from taxation under section 501(a) of such Code; and

`(C) dedicated to the support of the Memorial.'; and

(3) in paragraph (3), by striking `designated under section 5(a)'.

(c) ADMINISTRATION OF MEMORIAL BY FOUNDATION- Section 4 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-2) is amended--

(1) in subsection (a)--

(A) by striking `a unit' and inserting `an affiliate'; and

(B) by striking the second sentence;

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

(3) by inserting after subsection (a) the following new subsection:

`(b) ADMINISTRATION OF MEMORIAL- The Foundation shall administer the Memorial in accordance with this Act and the general objectives of the `Memorial Mission Statement', adopted March 26, 1996, by the Foundation.'; and

(4) in subsection (c) (as so redesignated by paragraph (2) of this subsection) by striking `1997 (hereafter' and all that follows through the final period and inserting `1997. The map shall be on file and available for public inspection in the appropriate office of the Foundation.'.

(d) TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES, AND DUTIES- Section 5 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-3) is amended to read as follows:

`SEC. 5. TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES, AND DUTIES.

`(a) TRANSFER OF MEMORIAL PROPERTY-

`(1) IN GENERAL- Not later than 90 days after the date of the enactment of the Oklahoma City National Memorial Act Amendments of 2003, the Trust shall transfer to the Foundation--

`(A) all assets of the Trust, including all real and personal property of the Memorial, any appurtenances, buildings, facilities, monuments, contents, artifacts, contracts and contract rights, accounts, deposits, intangibles, trademarks, trade names, copyrights, all other intellectual property, and all other real and personal property of every kind and character comprising the Memorial;

`(B) any property owned by the Trust that is adjacent or related to the Memorial; and

`(C) all property maintained for the Memorial, together with all rights, authorities, and duties relating to the ownership, administration, operation, and management of the Memorial.

`(2) SUBSEQUENT GIFTS- Any artifact, memorial, or other personal property that is received by, or is intended by any person to be given to, the Trust after the date of transfer of property under paragraph (1) shall be the property of the Foundation.

`(b) ASSUMPTION OF TRUST OBLIGATIONS- Any obligations of the Trust relating to the Memorial that have been approved by the Trust before the date on which the property is transferred under subsection (a) shall become the responsibility of the Foundation on the date of the transfer.

`(c) DISSOLUTION OF TRUST- Not later than 30 days after the transfer under subsection (a) is completed--

`(1) the Trust shall be dissolved; and

`(2) the Trust shall notify the Secretary of the date of dissolution.

`(d) AUTHORITY TO ENTER INTO AGREEMENTS- The Secretary, acting through the National Park Service, is authorized to enter into 1 or more cooperative agreements with the Foundation for the National Park Service to provide interpretive services related to the Memorial and such other assistance as may be agreed upon between the Secretary and the Foundation. The costs of the services and other agreed assistance shall be paid by the Secretary.

`(e) LIMITATION- Nothing in this Act shall prohibit the use of State and local law enforcement for the purposes of security related to the Memorial.'.

(e) REPEAL OF DUTIES AND AUTHORITIES OF TRUST-

(1) IN GENERAL- Section 6 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-4) is repealed.

(2) EFFECTIVE DATE- The repeal under this subsection shall take effect upon the transfer of the Memorial property, rights, authorities, and duties pursuant to the amendments made by subsection (d).

(f) AUTHORIZATION OF APPROPRIATIONS- Section 7 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-5) is amended--

(1) in paragraph (1), by inserting `for an endowment fund subject to paragraph (2)' after `the sum of $5,000,000'; and

(2) in paragraph (2)--

(A) by striking `Trust or to the Oklahoma City Memorial'; and

(B) by striking `or operation' and inserting `operation, or endowment'.

(g) AUTHORIZATION OF SECRETARY TO REIMBURSE PREVIOUS COSTS PAID BY FOUNDATION OR TRUST-

(1) AUTHORIZATION FOR REIMBURSEMENT- To the extent that funds are made available for this subsection, the Secretary of the Interior shall reimburse the Oklahoma City National Memorial Foundation for funds obligated or expended by the Oklahoma City National Memorial Foundation or the Oklahoma City National Memorial Trust to the Secretary of the Interior for interpretive services, security, and other costs and services related to the Oklahoma City National Memorial before the date of the enactment of this Act. The Oklahoma City National Memorial Foundation may use such reimbursed funds for the operation, maintenance, and permanent endowment of the Oklahoma City National Memorial.

(2) AUTHORIZATION FOR APPROPRIATION- There is authorized to be appropriated to the Secretary of the Interior $1,500,000 to carry out this subsection.

(h) REPEAL OF DISPOSITION OF SITE OF ALFRED P. MURRAH FEDERAL BUILDING- Section 8 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-6) is repealed.

(i) REPEAL OF STUDY REQUIREMENT- Section 9 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-7) is repealed.

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