16 U.S.C. § 450ss–3: Transfer of Memorial…

Summary

The Trust must give the Foundation all Memorial property and money within 90 days after January 23, 2004. That includes buildings, grounds, contents, artifacts, contracts, trademarks and other intellectual property, nearby or related property, and any funds for the Trust. Anything given to the Trust after that transfer goes to the Foundation. The Foundation also takes over any Trust obligations for the Memorial that were approved before the transfer. Within 30 days after the transfer, the Trust must be dissolved and must tell the Secretary the date. The Secretary, through the National Park Service, may make one or more cooperative agreements with the Foundation for interpretive services and other help, and the Secretary will pay those costs. The General Services Administration must help with the transfer without charging back. State and local law enforcement can still be used for Memorial security.

Title 16, §450ss–3

Conservation, Source: USLM XML via OLRC

(a)Transfer of Memorial property

(1)In general

Not later than 90 days after January 23, 2004, 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, all other real and personal property of every kind and character comprising the Memorial, and any amounts appropriated for the Trust;

(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)General Services Administration authority

The Administrator of General Services shall provide, on a non-reimbursable basis, services necessary for the facilitation of the transfer of the Memorial to the Foundation.

(f)Limitation

Nothing in sections 450ss to 450ss–7 of this title shall prohibit the use of State and local law enforcement for the purposes of security related to the Memorial.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Pub. L. 108–199 amended section generally. Prior to amendment, section provided for establishment of the Oklahoma City National Memorial Trust, its Board of Directors, staff, powers, and tax exempt status.

Statutory Notes and Related Subsidiaries

Authorization of Secretary To Reimburse Previous Costs Paid by Foundation or Trust Pub. L. 108–199, div. F, title V, § 544(g), Jan. 23, 2004, 118 Stat. 348, provided that: “To the extent that funds are made available for the Trust, 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 [Jan. 23, 2004]. The Oklahoma City National Memorial Foundation may use such reimbursed funds for the operation, maintenance, and permanent endowment of the Oklahoma City National Memorial.”

§450ss–3 Transfer of Memorial Property, Rights, Authorities, and Duties