§ 450ss-3. — Oklahoma City National Memorial Trust.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC450ss-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI--NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
Sec. 450ss-3. 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 \1\ of Directors (hereinafter referred to as the ``Board'')
consisting of the following 9 members:
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\1\ So in original. Probably should be capitalized.
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(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 October 9, 1997.
(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.
(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 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 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 sections 450ss to 450ss-7 of
this title.
(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 (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.
(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.
(Pub. L. 105-58, Sec. 5, Oct. 9, 1997, 111 Stat. 1262.)
References in Text
The Federal Tort Claims Act, referred to in subsec. (b)(5), is
classified generally to section 1346(b) and chapter 171 (Sec. 2671 et
seq.) of Title 28, Judiciary and Judicial Procedure.
The Ethics in Government Act, referred to in subsec. (b)(5),
probably means the Ethics in Government Act of 1978, Pub. L. 95-521,
Oct. 26, 1978, 92 Stat. 1824, as amended. For complete classification of
this Act to the Code, see Short Title note set out under section 101 of
Pub. L. 95-521 in the Appendix to Title 5, Government Organization and
Employees, and Tables.
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (b)(7)(A), are classified generally to
section 3301 et seq. of Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 450ss-1, 450ss-2, 450ss-4,
450ss-5, 450ss-7 of this title.
