Okla. Stat. tit. 74, § 74-1226.2

- Expenses - Subcommittees - Holding other offices.

A. There is hereby created a body corporate and politic to be

known as the "Native American Cultural and Educational Authority"

(Authority), and by that name the Authority may sue and be sued, and

plead and be impleaded. The Authority is hereby constituted an

agency of the state, and the exercise by the Authority of the powers

conferred by Section 1226 et seq. of this title shall be deemed to

be essential governmental functions of the state with all the

attributes thereof. Provided, however, the Authority is authorized

to carry liability insurance to the extent authorized by the

Authority, and in addition thereto it shall be subject to the

workers' compensation laws of the State of Oklahoma the same as a

private employer. The Office of Management and Enterprise Services

(OMES) shall assist the Authority in fulfilling the responsibilities

of Section 1226 et seq. of this title, as requested by the

Authority.

B. 1. The Legislature hereby finds and it is hereby declared

to be the public policy of the State of Oklahoma that the completion

and operation of the American Indian Cultural Center and Museum

(AICCM) and the transfer of responsibility for operation and

maintenance of the AICCM to the City of Oklahoma City (together with

any designee thereof, hereinafter referred to as the "City") or its

designee will produce significant benefits to the state and the

citizens of the state, which benefits include, but are not limited

to:

a. savings by reason of the state not being required to

pay operation and maintenance cost of the AICCM,

b. savings to the state by reason of the state not being

required to appropriate funds for the general

operations of the Authority,

Oklahoma Statutes - Title 74. State Government Page 751

c. sales and other taxes projected to be derived from

operation of the AICCM and the surrounding commercial

development, as well as derived as a result of the

existence of the AICCM and the surrounding commercial

development,

d. increases in employment and the benefits derived by

the state from such employment, including income and

other taxes, and

e. other direct and indirect benefits to the state.

The Legislature further finds and declares that the State of

Oklahoma and its citizens will be best served by the soonest

possible completion of the AICCM and transfer of the Authority's

unimproved property to the City for a complementary commercial

development, with lease revenues therefrom to supply revenues to

support the operations of the AICCM. The Legislature further finds

that the State of Oklahoma will be best served by transferring

responsibility for operations and maintenance of the AICCM to the

City, and in furtherance of such purposes and intent, hereby adopts

Section 1226 et seq. of this title.

2. As contemplated by the existing Amended and Restated Ground

Lease Agreement between the Authority and the Oklahoma Capitol

Improvement Authority (OCIA), but only upon the execution of the

agreement described in paragraph 5 of this subsection, all of the

unimproved real property of the Authority, which is all of the real

property held by the Authority less and except the real property

described as provided for by subsection C of Section 1226.18 of this

title, shall be transferred to the City. Such transfer shall be for

the purpose of enabling the development of commercial facilities on

such unimproved property, lease revenues of which shall be used to

support the operations of the AICCM upon its completion. The

Director of the Office of Management and Enterprise Services (OMES)

is hereby authorized and directed to coordinate the transfer of such

real property in accordance with the provisions of Section 1226 et

seq. of this title.

3. The Authority shall be terminated no later than the first

day the AICCM is open to the public. The Office of Management and
tions of the AICCM upon its completion. The

Director of the Office of Management and Enterprise Services (OMES)

is hereby authorized and directed to coordinate the transfer of such

real property in accordance with the provisions of Section 1226 et

seq. of this title.

3. The Authority shall be terminated no later than the first

day the AICCM is open to the public. The Office of Management and

Enterprise Services (OMES) shall make the determination of whether

AICCM is open to the public for purposes of this paragraph. For

purposes of this subsection, the AICCM shall mean the museum and

cultural center and associated improvements constructed upon the

real property described as provided for by subsection C of Section

1226.18 of this title. If the AICCM has not been opened to the

public by July 1, 2020, the Director of OMES may certify that all

building and site construction is complete, and upon such

certification the statutory entity created by subsection C of this

section shall be terminated, irrespective of whether all museum

content and exhibits have been completed. Upon the termination of

Oklahoma Statutes - Title 74. State Government Page 752

the Authority the functions of the Authority, including the leasing

of the AICCM, the right to acquire clear title to the AICCM upon

payment of all bonds, and the requirement to make lease payments to

pay debt service on all bonds previously or hereafter issued by OCIA

shall be transferred from the Authority to the American Indian

Cultural Center and Museum Trust Authority (AICCMTA) created

pursuant to Section 1226.21 of this title. Upon the termination of

the Authority the remaining assets of the Authority shall be

transferred to the AICCMTA; provided, that any unexpended funds held

by the Authority for operational expenses of the Authority or to

enable the payment of principal and interest on bonds or other

obligations issued for the benefit of the Authority or the AICCM

shall be specifically transferred as provided by paragraph 4 of this

subsection. Assets to be transferred to the AICCMTA shall include,

but not be limited to, all remaining real property and improvements,

personal property, intellectual property, intangible property,

rights and obligations pursuant to contract and any other assets,

which assets shall be made available to the City to enable the City

to exercise its rights and fulfill its obligations under the

agreements contemplated by paragraph 5 of this subsection.

Notwithstanding any other provision of law, the Director of OMES is

hereby authorized and directed to coordinate with the City, the

Authority and the AICCMTA to make such assets available for use by

the City, for at least the life of outstanding bonds, by management

agreement, license or otherwise, for the consideration contemplated

by paragraph 5 of this subsection, and to take all steps necessary

to effectuate the purpose of Section 1226 et seq. of this title.

The AICCMTA, in consultation with OMES, is hereby authorized to

transfer to the City any assets obtained by the Authority prior to

its termination, including real property, personal property,

intellectual property and intangible property, provided that

measures are taken to ensure the tax-exempt status of outstanding

bonds, and provided further that no such transfers shall take place

in advance of the execution of the agreement contemplated by

paragraph 5 of this subsection. For purposes of this paragraph,

"outstanding bonds" shall include any bonds or other obligations

issued by OCIA pursuant to Section 304.2 of Title 73 of the Oklahoma

Statutes.

4. Unexpended funds held by the Authority for operational

expenses of the Authority or to enable the payment of principal and

interest on bonds or other obligations issued for the benefit of the

Authority or the AICCM shall, upon termination of the Authority,

transfer to the American Indian Cultural Center and Museum
ued by OCIA pursuant to Section 304.2 of Title 73 of the Oklahoma

Statutes.

4. Unexpended funds held by the Authority for operational

expenses of the Authority or to enable the payment of principal and

interest on bonds or other obligations issued for the benefit of the

Authority or the AICCM shall, upon termination of the Authority,

transfer to the American Indian Cultural Center and Museum

Postcompletion Revolving Fund created by Section 1226.22 of this

title.

5. With the exception of Section 1226.20 of this title, Section

1226 et seq. of this title shall be null and void unless, prior to

Oklahoma Statutes - Title 74. State Government Page 753

January 15, 2016, or not later than the expiration of sixty (60)

days from such date with the approval of an extension of time, which

may be less than sixty (60) days, by the Director of the Office of

Management and Enterprise Services upon a showing by the parties

that such extension is likely to result in the execution of a final

agreement, the Authority, the City and OMES enter into a written

agreement with the following minimum provisions:

a. with the exception of funds provided pursuant to law

for the fiscal year ending June 30, 2016, neither the

State of Oklahoma, the Authority nor any other state

governmental entity shall have any responsibility for

providing funds for operation or maintenance of the

AICCM,

b. the City shall utilize all revenues derived from

admissions, event income, merchandise sales, food and

beverage sales at the AICCM and revenue from leases of

the real property transferred to the City by paragraph

2 of this subsection, for the operation,

administration, management and maintenance of the

AICCM, for repairs and capital improvements thereto,

for the repair, maintenance, development and operation

of exhibits and cultural programs, and to provide

reserve funds for such purposes,

c. fifty percent (50%) of the total revenues in excess of

Seven Million Dollars ($7,000,000.00) each fiscal year

derived from each and all of the following sources

shall be credited to the General Revenue Fund of the

State Treasury until the total amount paid pursuant to

this subparagraph equals Twenty-five Million Dollars

($25,000,000.00):

(1) profits received by the City or its designee from

food and beverage sales occurring at AICCM,

(2) profits received by the City or its designee from

merchandise sales occurring at AICCM,

(3) profits received by the City or its designee from

events conducted at the AICCM,

(4) gross revenues derived from admissions to the

AICCM facility, and

(5) gross revenues derived from the lease of real

property transferred from the Authority to the

City pursuant to the provisions of paragraph 2 of

this subsection.

The amount of Seven Million Dollars ($7,000,000.00)

prescribed by this subparagraph shall be adjusted, not

less often than once each five (5) years, based upon

increases, if any, in the Consumer Price Index-All

Urban Consumers (CPI-U) or its successor index, as

Oklahoma Statutes - Title 74. State Government Page 754

published by the United States Bureau of Labor

Statistics. The first adjustment shall be made on

July 1, 2020. The Office of Management and Enterprise

Services shall be responsible for monitoring and

auditing the payments required by the provisions of

this paragraph and may require the City to provide

such documentation regarding the accuracy and timing

of the payments as OMES may request. OMES shall

ensure that the agreement required by subparagraph f

of this paragraph contains enforceable provisions to

allow OMES to monitor and audit the payments required

by this subparagraph,

d. no later than the transfers provided for in paragraph

3 of this subsection, the City shall make payment to

the American Indian Cultural Center and Museum

Completion Fund created pursuant to Section 1226.20 of

this title in the amount of Nine Million Dollars
f

of this paragraph contains enforceable provisions to

allow OMES to monitor and audit the payments required

by this subparagraph,

d. no later than the transfers provided for in paragraph

3 of this subsection, the City shall make payment to

the American Indian Cultural Center and Museum

Completion Fund created pursuant to Section 1226.20 of

this title in the amount of Nine Million Dollars

($9,000,000.00) toward completion of the AICCM,

e. the agreement shall specify a plan for completion that

will result in the opening of the AICCM to the public

using a combination of funds provided or committed by

the state, the City and the other contributors to the

project,

f. the City, the Authority or its successor and OMES

shall enter into a separate operation, maintenance and

management agreement concerning the real property

described by the survey conducted pursuant to

subsection C of Section 1226.18 of this title and the

improvements constructed thereon, which separate

operation, maintenance and management agreement shall

be executed prior to the termination of the Authority

and include the following minimum terms:

(1) the term of the agreement shall be no less than

the remaining term of outstanding bonds,

including any bonds or other obligations issued

by OCIA pursuant to Section 304.2 of Title 73 of

the Oklahoma Statutes, or thirty (30) years,

whichever is longer,

(2) the City shall operate and manage the AICCM or

shall cause it to be operated and managed,

(3) the state shall have no responsibility for the

operations and maintenance costs of the AICCM,

(4) the Authority or its successor shall deliver

possession of the AICCM to the City,

(5) the City shall have the right to make such

alterations and further improvements as it deems

necessary or desirable to further the success of

Oklahoma Statutes - Title 74. State Government Page 755

the AICCM and the surrounding commercial

development,

(6) the City shall have the right to assign its

rights under this agreement to a designee and to

engage third parties to fulfill its obligations

under this agreement,

(7) the City shall use its revenues from the AICCM

and the surrounding commercial development as

provided by this section, and

(8) within five (5) years after the date on which all

outstanding bonds, including any bonds or other

obligations issued by OCIA pursuant to Section

304.2 of Title 73 of the Oklahoma Statutes,

issued for the AICCM have been retired, the City

shall accept title of the AICCM and the real

property upon which it is located from the

Authority or its successor, and

g. after execution of the agreement described by this

paragraph, the Director of OMES shall provide a copy

of the executed version of the agreement to the

Governor, the Speaker of the Oklahoma House of

Representatives and the President Pro Tempore of the

Oklahoma State Senate.

6. Notwithstanding anything herein provided, the City shall be

authorized to transfer any assets, rights or responsibilities

transferred to it pursuant to Section 1226 et seq. of this title to

any of its instrumentalities, public trusts or designees as

appropriate and, with respect to the real property described as

provided for by subsection C of Section 1226.18 of this title and

improvements thereon, to contract with such public and private

entities as it deems proper for the purpose of exercising its rights

and carrying out its obligations pursuant to agreements contemplated

by Section 1226 et seq. of this title between the State of Oklahoma

and the City, and with respect to the property transferred by

paragraph 2 of this subsection to contract with such public and

private entities, including the leasing or transfer of property to

such public or private entities, as it deems proper for the purpose

of carrying out the commercial development of the unimproved

property.

7. Contracts and privileges which have been issued, made,
oma

and the City, and with respect to the property transferred by

paragraph 2 of this subsection to contract with such public and

private entities, including the leasing or transfer of property to

such public or private entities, as it deems proper for the purpose

of carrying out the commercial development of the unimproved

property.

7. Contracts and privileges which have been issued, made,

granted or allowed to become effective by the statutory entity that

may be terminated by the provisions of Section 1226 et seq. of this

title or by any provision of law affected by Section 1226 et seq. of

this title shall continue in effect according to their terms until

terminated or modified by operation of law; provided, that the City

shall, upon termination of the Authority, be permitted to assume the

Authority's interest in such contracts.

Oklahoma Statutes - Title 74. State Government Page 756

8. Notwithstanding any other provision of law, any lease

revenue bonds or other obligations issued prior to or after

September 1, 2015, by OCIA or other state instrumentalities for the

benefit of the Authority and/or completion of the AICCM shall remain

in full force and effect, and any obligation, moral or otherwise, to

make payments under the lease or other agreements or to service the

lease revenue bonds or other obligations shall remain unaffected and

in full force and effect. It is the intent of the Legislature to

appropriate sufficient monies to the Authority or its successor for

deposit in the American Indian Cultural Center and Museum

Postcompletion Revolving Fund created by Section 1226.22 of this

title to cover the payment of all lease and other scheduled payments

for the purpose of retiring such lease revenue bonds or other

obligations.

C. The Authority shall consist of seven appointed members who

are members of a federally recognized American Indian Tribe located

within this state, six ex officio members and four appointed members

from the business community. Each appointed member, excluding ex

officio members, shall have one vote for purposes of conducting the

business of the Authority. Except for the members appointed

pursuant to paragraph 3 of this subsection, the appointed members

shall be residents of the state, and shall have been qualified

electors therein for a period of at least one (1) year preceding

their appointment. Any member of the Authority shall be eligible

for reappointment, and no member shall be removed from office except

for good cause shown. Good cause may be shown in evidence of

excessive failure to attend three consecutive regular Board meetings

of the Authority. The chair of the Authority shall have the right

to remove any member pursuant to good cause. At the expiration of

any term, the person holding such office shall continue to serve

until such person's duly appointed successor shall be appointed and

qualified.

1. Seven members appointed to serve shall serve overlapping

terms and shall be chosen as follows: three members shall be

appointed by the Governor; two members shall be appointed by the

President Pro Tempore of the Senate; and two members shall be

appointed by the Speaker of the House of Representatives. Each of

these members shall be a member of a federally recognized American

Indian tribe located within this state. Such tribal membership

shall be determined by the respective tribes. Appointments shall be

made from names provided by tribal governments, councils or other

recognized tribal entities. Appointments shall be restricted to not

more than one representative of any tribe. Such appointed members

initially appointed shall continue in office for terms of from three
an tribe located within this state. Such tribal membership

shall be determined by the respective tribes. Appointments shall be

made from names provided by tribal governments, councils or other

recognized tribal entities. Appointments shall be restricted to not

more than one representative of any tribe. Such appointed members

initially appointed shall continue in office for terms of from three

(3) to seven (7) years, respectively, from the date of their

appointment, with the term of each initially appointed member to be

designated by the Governor at the time of the appointment, with one

Oklahoma Statutes - Title 74. State Government Page 757

member to be appointed to a three-year term, two members to be

appointed to a four-year term, one member to be appointed to a five-

year term, one member to be appointed to a six-year term, and two

members to be appointed to a seven-year term. Any person appointed

to fill a vacancy shall serve only for the unexpired term. Upon the

expiration of a term, on or after July 1, 2000, any succeeding term

shall be for four (4) years.

2. The six ex officio members shall be as follows: the

Oklahoma Native American Liaison, or the designee of the same; the

Lieutenant Governor, or the designee of same; the Director of the

Oklahoma Historical Society, or the designee of same; the Secretary

of Commerce, or the designee of same; the Executive Director of the

Oklahoma Arts Council, or the designee of same; and the Executive

Director of the Oklahoma Tourism and Recreation Department, or the

designee of the same.

3. The four appointed members from the business community shall

be chosen as follows: two members shall be appointed by the

Governor; one member shall be appointed by the Speaker of the House

of Representatives; and one member shall be appointed by the

President Pro Tempore of the Senate. Each member shall have at

least fifteen (15) years of experience in business, banking, finance

or corporate law, and shall have demonstrated outstanding ability in

business or industry. However, in lieu of appointing a member with

such experience, one of the two members appointed by the Governor

may be a person who has exhibited at least three (3) years of

outstanding leadership and involvement in recognized Native American

organizations and activities. Upon the expiration of a term, on or

after July 1, 2000, any succeeding term shall be for four (4) years.

Any person appointed to fill a vacancy shall serve only for the

unexpired term.

D. The Authority shall elect one of its members as chairperson,

and another as vice-chairperson, and also shall elect a secretary,

treasurer and such other officers as the Authority may deem

appropriate. A majority of the members of the Authority (exclusive

of vacancies) shall constitute a quorum and the vote of a majority

of the members (exclusive of vacancies) shall be necessary for any

action taken by the Authority. No vacancy in the membership of the

Authority shall impair the right of a quorum to exercise all the

rights and perform all the duties of the Authority.

E. Before the issuance of any revenue bonds under the

provisions of Section 1226 et seq. of this title, each member of the

Authority shall execute a surety bond in the penal sum of Twenty-

five Thousand Dollars ($25,000.00) and the secretary and treasurer

shall execute a surety bond in the penal sum of One Hundred Thousand

Dollars ($100,000.00), each such surety bond to be conditioned upon

the faithful performance of the duties of his or her office, to be

executed by a surety company authorized to transact business in the

Oklahoma Statutes - Title 74. State Government Page 758

State of Oklahoma as surety, and to be filed in the office of the

Secretary of State.

F. The members of the Authority shall not be entitled to

compensation for their services, but each member shall be reimbursed

for actual expenses necessarily incurred in the performance of
uted by a surety company authorized to transact business in the

Oklahoma Statutes - Title 74. State Government Page 758

State of Oklahoma as surety, and to be filed in the office of the

Secretary of State.

F. The members of the Authority shall not be entitled to

compensation for their services, but each member shall be reimbursed

for actual expenses necessarily incurred in the performance of

duties on behalf of the Authority; provided, that members of the

Authority shall be compensated for their travel expenses pursuant to

the State Travel Reimbursement Act. All expenses incurred in

carrying out the provisions of Section 1226 et seq. of this title

shall be payable solely from funds provided under the authority of

Section 1226 et seq. of this title and no liability or obligation

shall be incurred by the Authority hereunder beyond the extent to

which monies shall have been provided under the authority of Section

1226 et seq. of this title. With the exception of funds

appropriated to the Authority for the fiscal year ending June 30,

2016, no further appropriations shall be made to the Authority, or

to any successor state entity owning some interest in the AICCM, for

the purpose of operating the AICCM; provided, however, that

appropriations to pay debt service on revenue bonds or other

obligations issued heretofore or hereafter by OCIA or other state

agencies for the benefit of the Authority will continue until all

such bonds or other obligations are fully paid.

G. The Authority is authorized to establish subcommittees as

necessary to perform its functions and duties. A subcommittee may

be composed of Authority members and/or nonmembers and shall not

have more than five members. Nonmembers of a subcommittee shall be

reimbursed by the Authority in accordance with the State Travel

Reimbursement Act.

H. Members of the Authority shall be exempt from the provisions

of Section 6 of Title 51 of the Oklahoma Statutes, which prohibits

the holding of any other office during the member's term of office

on the Authority.

I. The Directors and staff of the Authority employed to perform

the duties of Section 1226 et seq. of this title shall be considered

employees of the Authority. The employees of the Authority shall be

entitled to be reimbursed for actual and necessary expenses incurred

in the performance of duties on behalf of the Authority. Such

compensation for travel expenses shall be paid pursuant to the State

Travel Reimbursement Act.

J. Real property transferred by the Authority to any person,

firm, partnership, corporation, limited liability company, express

private trust, public trust or any other lawfully recognized entity

shall be subject to the same restrictions regarding the use of such

real property as contained in the instrument of conveyance by which

the Authority acquired title to such real property, including, but

not limited to, any restriction regarding gambling activity upon

such real property.

Oklahoma Statutes - Title 74. State Government Page 759