PRIA, Government Policy, Made Personal

Summary

Within 90 days after January 23, 2004, the Trust must move all of the Memorial’s assets to the Foundation. That includes land and nearby property, buildings, monuments, contents and artifacts, contracts and accounts, trademarks and copyrights, and any money set aside for the Trust. It also transfers all property kept for the Memorial and the rights and duties to own, run, and care for it. Anything given to the Trust after the transfer date will belong to the Foundation, and any Trust obligations approved before the transfer become the Foundation’s responsibility on the transfer date. Within 30 days after the transfer is done, the Trust must close and tell the Secretary the date it closed. The Secretary, through the National Park Service, may make agreements with the Foundation to provide interpretive services and other help, and the Secretary will pay for those services. The General Services Administration must help with the transfer at no charge. State and local police may be used for Memorial security.

Title 16, §450ss–3

Conservation, Source: USLM XML via OLRC

(a)(1)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)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)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)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)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)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)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