Okla. Stat. tit. 74, § 74-1226.21

Authority – Declaration of trust - Termination.

A. Upon the effective date of this act, the state expressly

approves the creation of a public trust to be named the "American

Indian Cultural Center and Museum Trust Authority", also known as

"AICCMTA", of which the state shall be the beneficiary and the

provisions of this act, as passed by the Legislature and approved by

action of the Governor, shall constitute the acceptance of the

beneficial interest in such public trust pursuant to the provisions

of Section 176 et seq. of Title 60 of the Oklahoma Statutes;

provided, however, such approval shall be contingent upon

satisfaction of the following conditions:

1. Finalizing the declaration of trust; and

2. Adoption of the declaration of trust by an official action

of the trustees of the AICCMTA.

B. The approved declaration of trust shall:

1. Specify that the AICCMTA shall be created as a public trust

pursuant to Section 176 et seq. of Title 60 of the Oklahoma Statutes

and shall have the same rights, responsibilities and attributes as

any public trust created under such laws;

2. Specify that the primary purpose of the AICCMTA shall be to

carry out the functions, duties and responsibilities pursuant to

Section 1226 et seq. of Title 74 of the Oklahoma Statutes and the

provisions of this act; and

3. To the extent required by law, specify the adoption of

bylaws and rules for the due and orderly administration and

regulation of affairs of the AICCMTA, which shall require approval

in accordance with the provisions of the Administrative Procedures

Act.

C. 1. The AICCMTA shall have eleven (11) trustees, seven of

which shall be members of a federally recognized American Indian

Tribe located within this state and of those seven trustees three

shall be appointed by the Governor, two shall be appointed by the

President Pro Tempore of the Senate, and two shall be appointed by

the Speaker of the House of Representatives. Such tribal membership

Oklahoma Statutes - Title 74. State Government Page 774

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

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.

Succeeding terms shall be for a term of four (4) years.

2. The other four appointed trustees shall be from the business

community and shall be chosen as follows: two members shall be

appointed by the Governor, one member shall be appointed by the

President Pro Tempore of the Senate, and one member shall be

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

initial terms of the trustees appointed by the Governor shall be for

one (1) year, the trustee appointed by the President Pro Tempore of

the Senate shall be for two (2) years and the trustee appointed by
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. The

initial terms of the trustees appointed by the Governor shall be for

one (1) year, the trustee appointed by the President Pro Tempore of

the Senate shall be for two (2) years and the trustee appointed by

the Speaker of the House of Representatives shall be for three (3)

years. Upon the expiration of a term any succeeding term shall be

for four (4) years. Any person appointed to fill a vacancy shall

serve only for the unexpired term.

3. None of the appointments otherwise authorized by this

subsection shall be effective until title to the real property and

improvements constituting the AICCM has been transferred to the

AICCMTA as provided by Section 1226.2 of Title 74 of the Oklahoma

Statutes.

D. The provisions of The Governmental Tort Claims Act shall

apply to the AICCMTA as a state-beneficiary public trust created

pursuant to state law.

E. Members of the AICCMTA shall be exempt from the provisions

of Section 6 of Title 51 of the Oklahoma Statutes.

F. Notwithstanding any other provision of law, the AICCMTA

shall have the authority to transfer title of the American Indian

Cultural Center and Museum (AICCM), and the real property upon which

it is located (as more fully described in Section 2 of this act),

Oklahoma Statutes - Title 74. State Government Page 775

and any intellectual property or personal property (including

exhibits) still held by the AICCMTA, less and except monies held by

the AICCMTA, to the City of Oklahoma City (City) within five (5)

years after the date on which all outstanding bonds issued for the

AICCM have been retired, including any bonds or other obligations

issued by the Oklahoma Capitol Improvement Authority (OCIA) pursuant

to Section 3 of this act, pursuant to the agreements provided in

paragraph 5 of subsection B of Section 1226.2 of Title 74 of the

Oklahoma Statutes; and in connection therewith, the Legislature

finds and hereby declares that the commitments entered into by the

City as contemplated by paragraph 5 of subsection B of Section

1226.2 of Title 74 of the Oklahoma Statutes shall be adequate

consideration. Such transfer shall not occur until after all

outstanding bonds issued for the AICCM have been retired including

any bonds or other obligations issued by the Oklahoma Capitol

Improvement Authority (OCIA) pursuant to Section 3 of this act.

G. The AICCMTA created by this section shall be terminated and

abolished upon the transfer contemplated by subsection F of this

section. Upon such termination, any remaining monies held by the

AICCMTA shall be transferred to the General Revenue Fund of the

State Treasury, all then-existing funds of the AICCMTA shall be

abolished, and any remaining rights of the AICCMTA shall be

transferred to the Office of Management and Enterprise Services.