§ 450ss-4. — Duties and authorities of 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-4]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI--NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
Sec. 450ss-4. Duties and authorities of Trust
(a) Overall requirements of Trust
The Trust shall administer the operation, maintenance, management
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 sections 1, 2, 3, and 4 of this
title;
(2) sections 461 to 467 of this title;
(3) the general objectives of the ``Memorial Mission
Statement'', adopted March 26, 1996, by the Oklahoma City Memorial
Foundation;
(4) the ``Oklahoma City Memorial Foundation Intergovernmental
Letter of Understanding'', dated October 28, 1996; and
(5) the Cooperative Agreement to be entered into between the
Trust and the Secretary pursuant to sections 450ss to 450ss-7 of
this title.
(b) Authorities
(1) The Trust may participate in the development of programs 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
necessary and appropriate to carry out its authorized activities. Any
such agreements may be entered into without regard to section 1302 of
title 40.
(2) The Trust shall establish procedures for lease agreements 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.
(3) The Trust may not dispose of or convey fee title to any real
property transferred to it under sections 450ss to 450ss-7 of this
title.
(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 Government contracts governing working
conditions, and any civil rights provisions otherwise applicable
thereto.
(5) The Trust, in consultation with the Administrator of 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 October 9, 1997, the Trust, in consultation
with the Secretary, shall develop a cooperative agreement for management
of those lands, operations and facilities within the Memorial
established by sections 450ss to 450ss-7 of this title. In furtherance
of the general purposes of sections 450ss to 450ss-7 of this title, the
Secretary and the Trust shall enter into a Cooperative Agreement
pursuant to which the Secretary shall provide technical assistance for
the planning, preservation, maintenance, management, and interpretation
of the Memorial. The Secretary also shall provide such maintenance,
interpretation, curatorial management, and general 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, foundations, corporations, and
other private or public entities for the purposes of carrying out its
duties.
(e) Proceeds
Notwithstanding section 1341 of title 31, 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, preservation, 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 determined by the Secretary of the Treasury taking into
consideration the current average market yield on outstanding marketable
obligations of the United States of comparable maturity.
(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 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 consultation 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 carry out its
duties and responsibilities under sections 450ss to 450ss-7 of this
title. 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.
(Pub. L. 105-58, Sec. 6, Oct. 9, 1997, 111 Stat. 1264.)
Codification
``Section 1302 of title 40'' substituted in subsec. (b)(1) for
``section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)'' on
authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303,
the first section of which enacted Title 40, Public Buildings, Property,
and Works.
Section Referred to in Other Sections
This section is referred to in sections 450ss-1, 450ss-2, 450ss-3,
450ss-5, 450ss-7 of this title.
