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                                                       Calendar No. 134
105th Congress                                                   Report

 1st Session                                                     105-71



               September 2, 1997.--Ordered to be printed


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 871]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 871) to establish the Oklahoma City 
National Memorial as a unit of the National Park System; to 
designate the Oklahoma City Memorial Trust, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                         purpose of the measure

    The purpose of S. 871 is to establish the Oklahoma City 
National Memorial as a unit of the National Park System and to 
establish the Oklahoma City Memorial Trust and to manage the 

                          background and need

    One hundred and sixty-eight Americans lost their lives and 
many more were injured on April 19, 1995, when a bomb was 
detonated at the Alfred P. Murrah Federal Building in Oklahoma 
City, Oklahoma. This tragedy constitutes the worst domestic 
terrorist incident in American history.
    This legislation would create a memorial at the site of the 
Murray Federal Building in Oklahoma City on 5th Street, Between 
Robinson and Harvey Streets and would also include the sites of 
the Water Resources Building and Journal Record Building.
    Concepts for the memorial were solicited through a design 
competition that included 624 design submissions from all 50 
states and 23 foreign countries. The design that was selected 
was created by Hans-Ekkehard Butzer, Torrey Butzer and Sven 
Berg, a German-based design team. The design includes 168 
chairs in the Murrah Building footprint, a water element 
designed to reflect spirit of change, a survivor tree, 
envisioned to reflect hope and ``gates of time'' on each end of 
Fifth Street that focus the visitor's attention on memorial 
inscriptions and the other elements of the memorial. Torrey 
Butzer of the German team states, ``We watched Oklahomans and 
the world respond to this terrible tragedy from afar. This is 
our way of giving something to honor the victims, survivors and 
the heros. This design will tell the story of all of us changed 
    The memorial established pursuant to this Act would serve 
not only as a monument to those who died and were injured in 
the bombing on April 19th, but also as a symbol of the 
galvanization of assistance, courage and good will shown by 
local citizens and Americans across the country in their 
outpouring of aid following the incident.
    The Oklahoma City National Memorial will be designated as a 
unit of the National Park System. It will be placed under the 
charge of a wholly-owned government corporation, to be known as 
the Oklahoma City National Trust (Trust). The Trust will be 
governed by a nine-member Board of Directors (Board) which will 
have the authority to appoint an executive director and other 
key staff. Interim staff are authorized for two years to assist 
in the development of the memorial. Permanent National Park 
service staff and the ability to retain staff from other 
Federal agencies are also provided for by this measure on a 
reimbursable basis.
    S. 871 authorizes $5 million in Federal funds for 
construction and maintenance, but stipulates that any Federal 
expenditures must be matched by non-Federal funds, dollar for 
dollar. It is expected that matching fund sources will include 
the Oklahoma State legislature and private donations.

                          legislative history

    S. 871 was introduced June 10, 1997 by Senators Nickles and 
Inhofe and was referred to the Committee on Energy and Natural 
Resources. The Subcommittee on National Parks, Historic 
Preservation and Recreation held a hearing in Oklahoma City on 
July 3, 1997 and in Washington, D.C. on July 17, 1997.

           committee recommendations and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on July 30, 1997, bya unanimous vote of a 
quorum present, recommends that the Senate pass S. 871 without 
    The rollcall vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell \1\
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Smith
Mr. Gorton
Mr. Burns \1\
Mr. Bumpers
Mr. Ford
Mr. Bingaman \1\
Mr. Akaka
Mr. Dorgan
Mr. Graham
Mr. Wyden
Mr. Johnson
Ms. Landrieu \1\

    \1\ Indicates voted by proxy.

                      section-by-section analysis

    Section 1 entitles the bill the ``Oklahoma City National 
Memorial Act of 1997''.
    Section 2 sets forth Congressional findings and purpose. 
The purpose of the bill is to establish the Oklahoma City 
National Memorial as a unit of the National Park System and to 
further establish how the memorial will be developed and 
    Section 3 defines certain terms in the bill.
    Section 4(a) establishes the Oklahoma City National 
Memorial (Memorial) and further establishes the Memorial as a 
unit of the National Park System.
    Subsection (b) references the official boundary map for the 
memorial and authorizes the Oklahoma City National Memorial 
Trust (the Trust) to make boundary revisions when necessary.
    Section 5(a) establishes a wholly owned government 
corporation to be known as the Oklahoma City National Memorial 
    Subsection (b)(1) sets forth the membership of the Board of 
Directors (Board) for the Trust. The 9-member Board shall 
consist of the Secretary of the Interior (Secretary) or his 
designee and 8 additional members appointed by the President, 
but selected from lists of nominees submitted by the Governor 
of Oklahoma, the Mayor of Oklahoma City and the Oklahoma 
delegations from the United States House of Representatives and 
Senate. This section also directs that the President is to 
appoint the Board members within 90 days after the date of 
    Paragraph (b)(2) sets the terms of Board members at 4 years 
and limits consecutive terms to 8 years. The section also 
staggers the first series of appointments, with two members 
serving for 2 years and two members serving a term of 3 years.
    Paragraph (b)(3) directs that 5 members shall constitute a 
    Paragraph (b)(4) directs that the Board shall organize 
itself in a manner it deems most appropriate and that members 
shall not receive compensation, but may be reimbursed for 
actual and necessary travel and subsistence associated with 
Trust duties.
    Paragraph (b)(5) establishes that Board members will not be 
considered Federal employees except for purposes of the Federal 
Tort Claims Act, the Ethics in Government Act and provisions of 
titles 11 and 18 of the United States Code.
    Paragraph (b)(6) directs the Board to meet at least 3 times 
per year in Oklahoma City, with at least two of those meetings 
open to the public. The Paragraph also allows the Board to hold 
additional meetings and the authority to determine if those 
meetings are open or closed to the public by majority vote. The 
Paragraph also authorizes the Board the ability to establish 
procedures for providing public information and soliciting 
public comment regarding operations, maintenance and management 
of the Memorial as well as input on policy, planning and design 
    Paragraph (b)(7) authorizes the Trust to appoint and fix 
compensation and duties of an executive director of the 
Memorial and other officers it deems necessary without regard 
to provisions of Title 5 of the United States Code. The 
Paragraph also authorizes the Secretary of the Interior (at the 
request of the Trust) to provide interim employees as necessary 
for appointments not to exceed 2 years; to provide uniformed 
personnel on a reimbursable basis to carry out day to day 
duties; and at the request of the Trust, the Director of any 
other Federal agency may provide personnel on a reimbursable 
basis to carry out day to day visitor services programs.
    Paragraph (b)(8) states that the Trust shall have all 
powers necessary and proper to exercise the authorities vested 
in it.
    Paragraph (b)(9) provides that the Trust and all properties 
administered by the Trust shall be exempt from all city, State 
and local taxes.
    Paragraph (b)(10) states that the Trust shall be treated as 
a wholly owned government corporation, subject to 31 U.S.C. 
Government Corporations Act and that Trust financial statements 
shall be audited annually. The Paragraph also directs the Trust 
to submit a comprehensive report of operations, activities and 
accomplishments for the prior fiscal year to the Senate 
Committee on Energy and Natural Resources and the House 
Committee on Resources, as well as a report, in general terms, 
of goals for the current fiscal year.
    Section 6(a) directs that the Trust shall administer the 
operation, maintenance, management and interpretation of the 
Memorial, including, but not limited to leasing, 
rehabilitation, repair and improvement of Memorial property in 
accordance with existing Federal law including: provisions of 
law generally applicable to the National Park Service, 
including the 1916 Organic Act (16 U.S.C. 1, 2-4) and the 
Historic Preservation Act of 1935; the general objectives set 
forth in the ``Memorial Mission Statement'', adopted March 26, 
1996 and the Oklahoma Memorial Foundation Intergovernmental 
Letter of Understanding, dated, October 28, 1996.
    Subsection 6(b)(1) authorizes the Trust to participate in 
the development of programs and activities at the Memorial and 
to negotiate and enter into agreements, leases, and contracts 
with persons, firms, organizations including Federal, State and 
local government entities, as necessary to carry out its 
authorized activities and that such agreements may be entered 
into without regard to section 321, 40 U.S.C. 303(b).
    Paragraph (b)(2) directs the Trust to establish procedures 
for lease agreements for the use and occupancy of Memorial 
facilities, including a requirement that in entering into such 
agreements, the Trust shall obtain reasonable competition.
    Paragraph (b)(3) prohibits the Trust from disposing of or 
reconveying title to any real property transferred to the Trust 
under this Act.
    Paragraph (b)(4) directs that Federal laws and regulations 
governing procurement shall not apply to the Trust with the 
exception of those related to Federal contracts governing 
working conditions and any applicable civil rights provisions 
which are otherwise applicable.
    Paragraph (b)(5) directs the Trust, in consultation with 
the Administrator of Federal Procurement Policy to establish 
and promulgate procedures enabling the Trust's procurement of 
goods and services, including, but not limited to the award of 
contracts on the basis of price, reasonable buying practices, 
competition and qualifications.
    Subsection 6(c) directs that the Trust shall, within one 
year of passage of the Act, develop in consultation with the 
Secretary, a comprehensive program for management of those 
lands, operations and facilities associated with the Memorial.
    Subsection 6(d) authorizes the Trust to solicit and accept 
donations for the purposes of carrying out its duties.
    Subsection 6(e) authorizes that all proceeds received by 
the Trust may be retained and used by the Trust without further 
appropriation for uses in the administration, operation, 
preservation, restoration, maintenance, repair and improvements 
at the Memorial and that the Secretary of the Treasury at the 
request of the Trust, shall invest excess monies in public debt 
    Subsection 6(f) establishes that the Trust may sue and be 
sued to the same extent as the Federalgovernment and that 
litigation shall be conducted by the Attorney General, with the 
provision that the Trust may retain private attorneys for advice and 
council and that the District Court of the Western District of Oklahoma 
shall have exclusive jurisdiction over suits filed against the Trust.
    Subsection 6(g) authorizes the Trust to adopt, amend, 
repeal and enforce bylaws, rules and regulations governing the 
way it conducts its business and the way by which it powers may 
be exercised. The Section also authorizes the Trust, in 
consultation with the Secretary to adopt and enforce those 
National Park Service regulations necessary and appropriate to 
carry out its duties and requires that the Trust shall give 
notice of its adoption of any such rules or regulations by 
publication in the Federal Register.
    Subsection 6(h) directs the Trust to require any contractor 
or leaseholders to procure insurance, as is reasonable and 
customary, against any loss connected with properties under 
lease or contract or from related activities.
    Section 7 authorizes $5 million for the furtherance of the 
Act and stipulates that expenditure of any Federally 
appropriated money must be matched, one to one, with non-
Federal monies and that donated monies will be construed, for 
purposes of this Section, as non-Federal matching monies.
    Section 8 states that prior to the construction of the 
memorial, the General Services Administration shall exchange, 
sell, lease, donate or otherwise dispose of the Alfred P. 
Murrah Federal Building to the Trust and that such transfer 
shall not be subject to the Public Building Act of 1959; the 
Federal Property and Administration Services Act of 1949 or any 
other Federal law establishing requirements or procedures for 
the disposal of Federal property.
    Section 9 directs that 6 years after the first meeting of 
the Board, General Accounting Office shall conduct an interim 
study on the activities of the Trust (and how it is meeting its 
obligations under this Act) and report the results of that 
study to the Senate Committee on Energy and Natural Resources 
and Appropriations, and to the Committee on Resources and the 
Committee on Appropriations of the House of Representatives.

                   cost and budgetary considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time this report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 871. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
    Little, if any, additional paperwork would result from the 
enactment of S. 871, as ordered reported.

                        executive communications

    On August 1, 1997, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 871. These reports 
had not been received at the time the report on S. 871 was 
filed. When these reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony of the Department of 
the Interior at the Subcommittee hearing follows:

  Statement by Katherine H. Stevenson, Associate Director of Cultural 
     Resource Stewardship and Partnerships, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to appear before you to address S. 871, a bill 
to establish the Oklahoma City National Memorial as a unit of 
the National Park System and to designate the Oklahoma City 
Memorial Trust. We support the establishment of a memorial for 
the victims of Oklahoma City, and look forward to working with 
the Committee during the legislative process to finalize a 
concept that appropriately reflects the tragedy and its 
implications to the United States.
    If enacted, S. 871 would create a new unit of the National 
Park System in Oklahoma City--a memorial to recognize the 
profound changes brought to so many lives the morning of April 
19, 1995. The legislation would direct the National Park 
Service to provide technical assistance to the Oklahoma City 
Memorial Trust and, along with other Federal agencies, to carry 
out day-to-day visitor services programs at the Memorial.
    After the bombing of the Alfred P. Murrah federal building, 
President Clinton recognized the impact of this event on all 
Americans by declaring the Sunday following the bombing a 
national day of mourning for the victims of the bombing. He 
asked the people of the United States to pray for the victims 
and the community when they gathered in their places of 
worship. He delivered a personal message to the children of 
Oklahoma City and this country letting them know that almost 
all the adults in this country are good people who love their 
children. He didn't want the children to believe something 
terrible about life, but wanted them to know that most adults 
are good people.
    The President also traveled to Oklahoma City on that Sunday 
to participate in a memorial service for the bombing victims. 
At the service, the President personally thanked all those who 
worked so heroically to save lives and to solve this crime and 
all of those across the land who came to lend a hand. He 
pledged to do all he could to help heal the injured, and to 
rebuild the city. He praised the federal workers affected by 
this act, and thanked them for serving their country so well. 
The President promised to stand with all the people of Oklahoma 
City for as long as it takes.
    The unity citizens from throughout the nation experienced 
after the Oklahoma City bombing found its expression in many 
ways. Along with the national day of mourning and the 
rededication of public servants to their calling, personal 
mementos were left, and continue to be left at the site of the 
bombing. Through citizen action, the Oklahoma City Memorial 
Foundation was established to create an appropriate memorial on 
the site. The Foundation has done a tremendous job of involving 
the public, defining its mission and goals, and holding a 
design competition for the memorial. Building upon these 
efforts is the legislation introduced by the Oklahoma 
    This legislation departs in two significant ways from the 
norm for creation of units of the National Park System. First, 
places that may be deemed historical in nature are not 
designated until the passage of a sufficient interval of time 
to allow for historical judgment--in general that is fifty 
years. Yet, this event is so clearly important to contemporary 
America that some kind of national recognition is appropriate 
now. Second, units of the National Park System are not normally 
administered through other entities such as the Trust. Yet, the 
specific tie to local citizens, especially those citizens who 
lost family members, friends and colleagues in the Oklahoma 
City bombing, make it necessary to consider the best ways to 
ensure the close and continued involvement of those most 
affected by the tragedy in planning the memorial and 
interpreting its significance.
    Mr. Chairman, we would like to explore with the Committee 
and the delegation the best way for us to work in partnership 
with the Oklahoma City Memorial Foundation. It was clear to us 
from the testimony given at the recent field hearing in 
Oklahoma City that it is the wish of local citizens and the 
State of Oklahoma to retain a strong level of local control and 
involvement in all aspects of Memorial's operation and 
    We commend Senators Nickles and Inhofe, and the other 
members of the Oklahoma delegation in their efforts to 
appropriately memorialize the lives of the innocent victims of 
the Oklahoma City bombing. We look forward to working closely 
with the delegation and the Committee staff in developing a 
legislative concept which will work well for the Oklahoma City 
Memorial Foundation, the National Park Service, and all of 
those who have been affected by this tragic event.
    That completes my remarks, Mr. Chairman. I would be happy 
to answer any questions that you may have.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 871 as