{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-1226.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-1226.2","heading":"Powers – Transfer of property - Members - Surety bonds","body":"- Expenses - Subcommittees - Holding other offices.\n\nA. There is hereby created a body corporate and politic to be\n\nknown as the \"Native American Cultural and Educational Authority\"\n\n(Authority), and by that name the Authority may sue and be sued, and\n\nplead and be impleaded. The Authority is hereby constituted an\n\nagency of the state, and the exercise by the Authority of the powers\n\nconferred by Section 1226 et seq. of this title shall be deemed to\n\nbe essential governmental functions of the state with all the\n\nattributes thereof. Provided, however, the Authority is authorized\n\nto carry liability insurance to the extent authorized by the\n\nAuthority, and in addition thereto it shall be subject to the\n\nworkers' compensation laws of the State of Oklahoma the same as a\n\nprivate employer. The Office of Management and Enterprise Services\n\n(OMES) shall assist the Authority in fulfilling the responsibilities\n\nof Section 1226 et seq. of this title, as requested by the\n\nAuthority.\n\nB. 1. The Legislature hereby finds and it is hereby declared\n\nto be the public policy of the State of Oklahoma that the completion\n\nand operation of the American Indian Cultural Center and Museum\n\n(AICCM) and the transfer of responsibility for operation and\n\nmaintenance of the AICCM to the City of Oklahoma City (together with\n\nany designee thereof, hereinafter referred to as the \"City\") or its\n\ndesignee will produce significant benefits to the state and the\n\ncitizens of the state, which benefits include, but are not limited\n\nto:\n\na. savings by reason of the state not being required to\n\npay operation and maintenance cost of the AICCM,\n\nb. savings to the state by reason of the state not being\n\nrequired to appropriate funds for the general\n\noperations of the Authority,\n\nc. sales and other taxes projected to be derived from\n\noperation of the AICCM and the surrounding commercial\n\ndevelopment, as well as derived as a result of the\n\nexistence of the AICCM and the surrounding commercial\n\ndevelopment,\n\nd. increases in employment and the benefits derived by\n\nthe state from such employment, including income and\n\nother taxes, and\n\ne. other direct and indirect benefits to the state.\n\nThe Legislature further finds and declares that the State of\n\nOklahoma and its citizens will be best served by the soonest\n\npossible completion of the AICCM and transfer of the Authority's\n\nunimproved property to the City for a complementary commercial\n\ndevelopment, with lease revenues therefrom to supply revenues to\n\nsupport the operations of the AICCM. The Legislature further finds\n\nthat the State of Oklahoma will be best served by transferring\n\nresponsibility for operations and maintenance of the AICCM to the\n\nCity, and in furtherance of such purposes and intent, hereby adopts\n\nSection 1226 et seq. of this title.\n\n2. As contemplated by the existing Amended and Restated Ground\n\nLease Agreement between the Authority and the Oklahoma Capitol\n\nImprovement Authority (OCIA), but only upon the execution of the\n\nagreement described in paragraph 5 of this subsection, all of the\n\nunimproved real property of the Authority, which is all of the real\n\nproperty held by the Authority less and except the real property\n\ndescribed as provided for by subsection C of Section 1226.18 of this\n\ntitle, shall be transferred to the City. Such transfer shall be for\n\nthe purpose of enabling the development of commercial facilities on\n\nsuch unimproved property, lease revenues of which shall be used to\n\nsupport the operations of the AICCM upon its completion. The\n\nDirector of the Office of Management and Enterprise Services (OMES)\n\nis hereby authorized and directed to coordinate the transfer of such\n\nreal property in accordance with the provisions of Section 1226 et\n\nseq. of this title.\n\n3. The Authority shall be terminated no later than the first\n\nday the AICCM is open to the public. The Office of Management and\ntions of the AICCM upon its completion. The\n\nDirector of the Office of Management and Enterprise Services (OMES)\n\nis hereby authorized and directed to coordinate the transfer of such\n\nreal property in accordance with the provisions of Section 1226 et\n\nseq. of this title.\n\n3. The Authority shall be terminated no later than the first\n\nday the AICCM is open to the public. The Office of Management and\n\nEnterprise Services (OMES) shall make the determination of whether\n\nAICCM is open to the public for purposes of this paragraph. For\n\npurposes of this subsection, the AICCM shall mean the museum and\n\ncultural center and associated improvements constructed upon the\n\nreal property described as provided for by subsection C of Section\n\n1226.18 of this title. If the AICCM has not been opened to the\n\npublic by July 1, 2020, the Director of OMES may certify that all\n\nbuilding and site construction is complete, and upon such\n\ncertification the statutory entity created by subsection C of this\n\nsection shall be terminated, irrespective of whether all museum\n\ncontent and exhibits have been completed. Upon the termination of\n\nthe Authority the functions of the Authority, including the leasing\n\nof the AICCM, the right to acquire clear title to the AICCM upon\n\npayment of all bonds, and the requirement to make lease payments to\n\npay debt service on all bonds previously or hereafter issued by OCIA\n\nshall be transferred from the Authority to the American Indian\n\nCultural Center and Museum Trust Authority (AICCMTA) created\n\npursuant to Section 1226.21 of this title. Upon the termination of\n\nthe Authority the remaining assets of the Authority shall be\n\ntransferred to the AICCMTA; provided, that any unexpended funds held\n\nby the Authority for operational expenses of the Authority or to\n\nenable the payment of principal and interest on bonds or other\n\nobligations issued for the benefit of the Authority or the AICCM\n\nshall be specifically transferred as provided by paragraph 4 of this\n\nsubsection. Assets to be transferred to the AICCMTA shall include,\n\nbut not be limited to, all remaining real property and improvements,\n\npersonal property, intellectual property, intangible property,\n\nrights and obligations pursuant to contract and any other assets,\n\nwhich assets shall be made available to the City to enable the City\n\nto exercise its rights and fulfill its obligations under the\n\nagreements contemplated by paragraph 5 of this subsection.\n\nNotwithstanding any other provision of law, the Director of OMES is\n\nhereby authorized and directed to coordinate with the City, the\n\nAuthority and the AICCMTA to make such assets available for use by\n\nthe City, for at least the life of outstanding bonds, by management\n\nagreement, license or otherwise, for the consideration contemplated\n\nby paragraph 5 of this subsection, and to take all steps necessary\n\nto effectuate the purpose of Section 1226 et seq. of this title.\n\nThe AICCMTA, in consultation with OMES, is hereby authorized to\n\ntransfer to the City any assets obtained by the Authority prior to\n\nits termination, including real property, personal property,\n\nintellectual property and intangible property, provided that\n\nmeasures are taken to ensure the tax-exempt status of outstanding\n\nbonds, and provided further that no such transfers shall take place\n\nin advance of the execution of the agreement contemplated by\n\nparagraph 5 of this subsection. For purposes of this paragraph,\n\n\"outstanding bonds\" shall include any bonds or other obligations\n\nissued by OCIA pursuant to Section 304.2 of Title 73 of the Oklahoma\n\nStatutes.\n\n4. Unexpended funds held by the Authority for operational\n\nexpenses of the Authority or to enable the payment of principal and\n\ninterest on bonds or other obligations issued for the benefit of the\n\nAuthority or the AICCM shall, upon termination of the Authority,\n\ntransfer to the American Indian Cultural Center and Museum\nued by OCIA pursuant to Section 304.2 of Title 73 of the Oklahoma\n\nStatutes.\n\n4. Unexpended funds held by the Authority for operational\n\nexpenses of the Authority or to enable the payment of principal and\n\ninterest on bonds or other obligations issued for the benefit of the\n\nAuthority or the AICCM shall, upon termination of the Authority,\n\ntransfer to the American Indian Cultural Center and Museum\n\nPostcompletion Revolving Fund created by Section 1226.22 of this\n\ntitle.\n\n5. With the exception of Section 1226.20 of this title, Section\n\n1226 et seq. of this title shall be null and void unless, prior to\n\nJanuary 15, 2016, or not later than the expiration of sixty (60)\n\ndays from such date with the approval of an extension of time, which\n\nmay be less than sixty (60) days, by the Director of the Office of\n\nManagement and Enterprise Services upon a showing by the parties\n\nthat such extension is likely to result in the execution of a final\n\nagreement, the Authority, the City and OMES enter into a written\n\nagreement with the following minimum provisions:\n\na. with the exception of funds provided pursuant to law\n\nfor the fiscal year ending June 30, 2016, neither the\n\nState of Oklahoma, the Authority nor any other state\n\ngovernmental entity shall have any responsibility for\n\nproviding funds for operation or maintenance of the\n\nAICCM,\n\nb. the City shall utilize all revenues derived from\n\nadmissions, event income, merchandise sales, food and\n\nbeverage sales at the AICCM and revenue from leases of\n\nthe real property transferred to the City by paragraph\n\n2 of this subsection, for the operation,\n\nadministration, management and maintenance of the\n\nAICCM, for repairs and capital improvements thereto,\n\nfor the repair, maintenance, development and operation\n\nof exhibits and cultural programs, and to provide\n\nreserve funds for such purposes,\n\nc. fifty percent (50%) of the total revenues in excess of\n\nSeven Million Dollars ($7,000,000.00) each fiscal year\n\nderived from each and all of the following sources\n\nshall be credited to the General Revenue Fund of the\n\nState Treasury until the total amount paid pursuant to\n\nthis subparagraph equals Twenty-five Million Dollars\n\n($25,000,000.00):\n\n(1) profits received by the City or its designee from\n\nfood and beverage sales occurring at AICCM,\n\n(2) profits received by the City or its designee from\n\nmerchandise sales occurring at AICCM,\n\n(3) profits received by the City or its designee from\n\nevents conducted at the AICCM,\n\n(4) gross revenues derived from admissions to the\n\nAICCM facility, and\n\n(5) gross revenues derived from the lease of real\n\nproperty transferred from the Authority to the\n\nCity pursuant to the provisions of paragraph 2 of\n\nthis subsection.\n\nThe amount of Seven Million Dollars ($7,000,000.00)\n\nprescribed by this subparagraph shall be adjusted, not\n\nless often than once each five (5) years, based upon\n\nincreases, if any, in the Consumer Price Index-All\n\nUrban Consumers (CPI-U) or its successor index, as\n\npublished by the United States Bureau of Labor\n\nStatistics. The first adjustment shall be made on\n\nJuly 1, 2020. The Office of Management and Enterprise\n\nServices shall be responsible for monitoring and\n\nauditing the payments required by the provisions of\n\nthis paragraph and may require the City to provide\n\nsuch documentation regarding the accuracy and timing\n\nof the payments as OMES may request. OMES shall\n\nensure that the agreement required by subparagraph f\n\nof this paragraph contains enforceable provisions to\n\nallow OMES to monitor and audit the payments required\n\nby this subparagraph,\n\nd. no later than the transfers provided for in paragraph\n\n3 of this subsection, the City shall make payment to\n\nthe American Indian Cultural Center and Museum\n\nCompletion Fund created pursuant to Section 1226.20 of\n\nthis title in the amount of Nine Million Dollars\nf\n\nof this paragraph contains enforceable provisions to\n\nallow OMES to monitor and audit the payments required\n\nby this subparagraph,\n\nd. no later than the transfers provided for in paragraph\n\n3 of this subsection, the City shall make payment to\n\nthe American Indian Cultural Center and Museum\n\nCompletion Fund created pursuant to Section 1226.20 of\n\nthis title in the amount of Nine Million Dollars\n\n($9,000,000.00) toward completion of the AICCM,\n\ne. the agreement shall specify a plan for completion that\n\nwill result in the opening of the AICCM to the public\n\nusing a combination of funds provided or committed by\n\nthe state, the City and the other contributors to the\n\nproject,\n\nf. the City, the Authority or its successor and OMES\n\nshall enter into a separate operation, maintenance and\n\nmanagement agreement concerning the real property\n\ndescribed by the survey conducted pursuant to\n\nsubsection C of Section 1226.18 of this title and the\n\nimprovements constructed thereon, which separate\n\noperation, maintenance and management agreement shall\n\nbe executed prior to the termination of the Authority\n\nand include the following minimum terms:\n\n(1) the term of the agreement shall be no less than\n\nthe remaining term of outstanding bonds,\n\nincluding any bonds or other obligations issued\n\nby OCIA pursuant to Section 304.2 of Title 73 of\n\nthe Oklahoma Statutes, or thirty (30) years,\n\nwhichever is longer,\n\n(2) the City shall operate and manage the AICCM or\n\nshall cause it to be operated and managed,\n\n(3) the state shall have no responsibility for the\n\noperations and maintenance costs of the AICCM,\n\n(4) the Authority or its successor shall deliver\n\npossession of the AICCM to the City,\n\n(5) the City shall have the right to make such\n\nalterations and further improvements as it deems\n\nnecessary or desirable to further the success of\n\nthe AICCM and the surrounding commercial\n\ndevelopment,\n\n(6) the City shall have the right to assign its\n\nrights under this agreement to a designee and to\n\nengage third parties to fulfill its obligations\n\nunder this agreement,\n\n(7) the City shall use its revenues from the AICCM\n\nand the surrounding commercial development as\n\nprovided by this section, and\n\n(8) within five (5) years after the date on which all\n\noutstanding bonds, including any bonds or other\n\nobligations issued by OCIA pursuant to Section\n\n304.2 of Title 73 of the Oklahoma Statutes,\n\nissued for the AICCM have been retired, the City\n\nshall accept title of the AICCM and the real\n\nproperty upon which it is located from the\n\nAuthority or its successor, and\n\ng. after execution of the agreement described by this\n\nparagraph, the Director of OMES shall provide a copy\n\nof the executed version of the agreement to the\n\nGovernor, the Speaker of the Oklahoma House of\n\nRepresentatives and the President Pro Tempore of the\n\nOklahoma State Senate.\n\n6. Notwithstanding anything herein provided, the City shall be\n\nauthorized to transfer any assets, rights or responsibilities\n\ntransferred to it pursuant to Section 1226 et seq. of this title to\n\nany of its instrumentalities, public trusts or designees as\n\nappropriate and, with respect to the real property described as\n\nprovided for by subsection C of Section 1226.18 of this title and\n\nimprovements thereon, to contract with such public and private\n\nentities as it deems proper for the purpose of exercising its rights\n\nand carrying out its obligations pursuant to agreements contemplated\n\nby Section 1226 et seq. of this title between the State of Oklahoma\n\nand the City, and with respect to the property transferred by\n\nparagraph 2 of this subsection to contract with such public and\n\nprivate entities, including the leasing or transfer of property to\n\nsuch public or private entities, as it deems proper for the purpose\n\nof carrying out the commercial development of the unimproved\n\nproperty.\n\n7. Contracts and privileges which have been issued, made,\noma\n\nand the City, and with respect to the property transferred by\n\nparagraph 2 of this subsection to contract with such public and\n\nprivate entities, including the leasing or transfer of property to\n\nsuch public or private entities, as it deems proper for the purpose\n\nof carrying out the commercial development of the unimproved\n\nproperty.\n\n7. Contracts and privileges which have been issued, made,\n\ngranted or allowed to become effective by the statutory entity that\n\nmay be terminated by the provisions of Section 1226 et seq. of this\n\ntitle or by any provision of law affected by Section 1226 et seq. of\n\nthis title shall continue in effect according to their terms until\n\nterminated or modified by operation of law; provided, that the City\n\nshall, upon termination of the Authority, be permitted to assume the\n\nAuthority's interest in such contracts.\n\n8. Notwithstanding any other provision of law, any lease\n\nrevenue bonds or other obligations issued prior to or after\n\nSeptember 1, 2015, by OCIA or other state instrumentalities for the\n\nbenefit of the Authority and/or completion of the AICCM shall remain\n\nin full force and effect, and any obligation, moral or otherwise, to\n\nmake payments under the lease or other agreements or to service the\n\nlease revenue bonds or other obligations shall remain unaffected and\n\nin full force and effect. It is the intent of the Legislature to\n\nappropriate sufficient monies to the Authority or its successor for\n\ndeposit in the American Indian Cultural Center and Museum\n\nPostcompletion Revolving Fund created by Section 1226.22 of this\n\ntitle to cover the payment of all lease and other scheduled payments\n\nfor the purpose of retiring such lease revenue bonds or other\n\nobligations.\n\nC. The Authority shall consist of seven appointed members who\n\nare members of a federally recognized American Indian Tribe located\n\nwithin this state, six ex officio members and four appointed members\n\nfrom the business community. Each appointed member, excluding ex\n\nofficio members, shall have one vote for purposes of conducting the\n\nbusiness of the Authority. Except for the members appointed\n\npursuant to paragraph 3 of this subsection, the appointed members\n\nshall be residents of the state, and shall have been qualified\n\nelectors therein for a period of at least one (1) year preceding\n\ntheir appointment. Any member of the Authority shall be eligible\n\nfor reappointment, and no member shall be removed from office except\n\nfor good cause shown. Good cause may be shown in evidence of\n\nexcessive failure to attend three consecutive regular Board meetings\n\nof the Authority. The chair of the Authority shall have the right\n\nto remove any member pursuant to good cause. At the expiration of\n\nany term, the person holding such office shall continue to serve\n\nuntil such person's duly appointed successor shall be appointed and\n\nqualified.\n\n1. Seven members appointed to serve shall serve overlapping\n\nterms and shall be chosen as follows: three members shall be\n\nappointed by the Governor; two members shall be appointed by the\n\nPresident Pro Tempore of the Senate; and two members shall be\n\nappointed by the Speaker of the House of Representatives. Each of\n\nthese members shall be a member of a federally recognized American\n\nIndian tribe located within this state. Such tribal membership\n\nshall be determined by the respective tribes. Appointments shall be\n\nmade from names provided by tribal governments, councils or other\n\nrecognized tribal entities. Appointments shall be restricted to not\n\nmore than one representative of any tribe. Such appointed members\n\ninitially appointed shall continue in office for terms of from three\nan tribe located within this state. Such tribal membership\n\nshall be determined by the respective tribes. Appointments shall be\n\nmade from names provided by tribal governments, councils or other\n\nrecognized tribal entities. Appointments shall be restricted to not\n\nmore than one representative of any tribe. Such appointed members\n\ninitially appointed shall continue in office for terms of from three\n\n(3) to seven (7) years, respectively, from the date of their\n\nappointment, with the term of each initially appointed member to be\n\ndesignated by the Governor at the time of the appointment, with one\n\nmember to be appointed to a three-year term, two members to be\n\nappointed to a four-year term, one member to be appointed to a five-\n\nyear term, one member to be appointed to a six-year term, and two\n\nmembers to be appointed to a seven-year term. Any person appointed\n\nto fill a vacancy shall serve only for the unexpired term. Upon the\n\nexpiration of a term, on or after July 1, 2000, any succeeding term\n\nshall be for four (4) years.\n\n2. The six ex officio members shall be as follows: the\n\nOklahoma Native American Liaison, or the designee of the same; the\n\nLieutenant Governor, or the designee of same; the Director of the\n\nOklahoma Historical Society, or the designee of same; the Secretary\n\nof Commerce, or the designee of same; the Executive Director of the\n\nOklahoma Arts Council, or the designee of same; and the Executive\n\nDirector of the Oklahoma Tourism and Recreation Department, or the\n\ndesignee of the same.\n\n3. The four appointed members from the business community shall\n\nbe chosen as follows: two members shall be appointed by the\n\nGovernor; one member shall be appointed by the Speaker of the House\n\nof Representatives; and one member shall be appointed by the\n\nPresident Pro Tempore of the Senate. Each member shall have at\n\nleast fifteen (15) years of experience in business, banking, finance\n\nor corporate law, and shall have demonstrated outstanding ability in\n\nbusiness or industry. However, in lieu of appointing a member with\n\nsuch experience, one of the two members appointed by the Governor\n\nmay be a person who has exhibited at least three (3) years of\n\noutstanding leadership and involvement in recognized Native American\n\norganizations and activities. Upon the expiration of a term, on or\n\nafter July 1, 2000, any succeeding term shall be for four (4) years.\n\nAny person appointed to fill a vacancy shall serve only for the\n\nunexpired term.\n\nD. The Authority shall elect one of its members as chairperson,\n\nand another as vice-chairperson, and also shall elect a secretary,\n\ntreasurer and such other officers as the Authority may deem\n\nappropriate. A majority of the members of the Authority (exclusive\n\nof vacancies) shall constitute a quorum and the vote of a majority\n\nof the members (exclusive of vacancies) shall be necessary for any\n\naction taken by the Authority. No vacancy in the membership of the\n\nAuthority shall impair the right of a quorum to exercise all the\n\nrights and perform all the duties of the Authority.\n\nE. Before the issuance of any revenue bonds under the\n\nprovisions of Section 1226 et seq. of this title, each member of the\n\nAuthority shall execute a surety bond in the penal sum of Twenty-\n\nfive Thousand Dollars ($25,000.00) and the secretary and treasurer\n\nshall execute a surety bond in the penal sum of One Hundred Thousand\n\nDollars ($100,000.00), each such surety bond to be conditioned upon\n\nthe faithful performance of the duties of his or her office, to be\n\nexecuted by a surety company authorized to transact business in the\n\nState of Oklahoma as surety, and to be filed in the office of the\n\nSecretary of State.\n\nF. The members of the Authority shall not be entitled to\n\ncompensation for their services, but each member shall be reimbursed\n\nfor actual expenses necessarily incurred in the performance of\nuted by a surety company authorized to transact business in the\n\nState of Oklahoma as surety, and to be filed in the office of the\n\nSecretary of State.\n\nF. The members of the Authority shall not be entitled to\n\ncompensation for their services, but each member shall be reimbursed\n\nfor actual expenses necessarily incurred in the performance of\n\nduties on behalf of the Authority; provided, that members of the\n\nAuthority shall be compensated for their travel expenses pursuant to\n\nthe State Travel Reimbursement Act. All expenses incurred in\n\ncarrying out the provisions of Section 1226 et seq. of this title\n\nshall be payable solely from funds provided under the authority of\n\nSection 1226 et seq. of this title and no liability or obligation\n\nshall be incurred by the Authority hereunder beyond the extent to\n\nwhich monies shall have been provided under the authority of Section\n\n1226 et seq. of this title. With the exception of funds\n\nappropriated to the Authority for the fiscal year ending June 30,\n\n2016, no further appropriations shall be made to the Authority, or\n\nto any successor state entity owning some interest in the AICCM, for\n\nthe purpose of operating the AICCM; provided, however, that\n\nappropriations to pay debt service on revenue bonds or other\n\nobligations issued heretofore or hereafter by OCIA or other state\n\nagencies for the benefit of the Authority will continue until all\n\nsuch bonds or other obligations are fully paid.\n\nG. The Authority is authorized to establish subcommittees as\n\nnecessary to perform its functions and duties. A subcommittee may\n\nbe composed of Authority members and/or nonmembers and shall not\n\nhave more than five members. Nonmembers of a subcommittee shall be\n\nreimbursed by the Authority in accordance with the State Travel\n\nReimbursement Act.\n\nH. Members of the Authority shall be exempt from the provisions\n\nof Section 6 of Title 51 of the Oklahoma Statutes, which prohibits\n\nthe holding of any other office during the member's term of office\n\non the Authority.\n\nI. The Directors and staff of the Authority employed to perform\n\nthe duties of Section 1226 et seq. of this title shall be considered\n\nemployees of the Authority. The employees of the Authority shall be\n\nentitled to be reimbursed for actual and necessary expenses incurred\n\nin the performance of duties on behalf of the Authority. Such\n\ncompensation for travel expenses shall be paid pursuant to the State\n\nTravel Reimbursement Act.\n\nJ. Real property transferred by the Authority to any person,\n\nfirm, partnership, corporation, limited liability company, express\n\nprivate trust, public trust or any other lawfully recognized entity\n\nshall be subject to the same restrictions regarding the use of such\n\nreal property as contained in the instrument of conveyance by which\n\nthe Authority acquired title to such real property, including, but\n\nnot limited to, any restriction regarding gambling activity upon\n\nsuch real property.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3f8d05abc62cedd74987955e19dc7f941738f179f298190525a15e93b947c5a1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-1226.19","next":"us-ok/okla.-stat.-tit.-74-74-1226.20"},"notice":"GroundRules: Original legal text. Not legal advice."}