Pub. L. 106-511, tit. II, sec. 205
CONSTRUCTION OF MEMORIAL.
SEC. 205. CONSTRUCTION OF MEMORIAL. (a) Grant.— (1) In general.—The Secretary may award a grant to the State of New Mexico to provide up to 50 percent of the total cost of construction of the Memorial. (2) Non-federal share.—The non-Federal share of construction costs for the Memorial shall include funds previously expended by the State for the planning and design of the Memorial, and funds previously expended by non-Federal entities for the production of a brochure relating to the Memorial. (b) Requirements.—To be eligible to receive a grant under this section, the State shall— (1) submit to the Secretary a proposal that— (A) provides assurances that the Memorial will comply with all applicable laws, including building codes and regulations; and (B) includes such other information and assurances as the Secretary may require; and (2) enter into a Memorandum of Understanding with the Secretary that shall include— (A) a timetable for the completion of construction and the opening of the Memorial; (B) assurances that construction contracts will be competitively awarded;114 STAT. 2371 (C) assurances that the State or Village of Fort Sumner will make sufficient land available for the Memorial; (D) the specifications of the Memorial which shall comply with all applicable Federal, State, and local building codes and laws; (E) arrangements for the operation and maintenance of the Memorial upon completion of construction; (F) a description of Memorial collections and educational programming; (G) a plan for the design of exhibits including the collections to be exhibited, security, preservation, protection, environmental controls, and presentations in accordance with professional standards; (H) an agreement with the Navajo Nation and the Mescalero Tribe relative to the design and location of the Memorial; and (I) a financing plan developed by the State that outlines the long-term management of the Memorial, including— (i) the acceptance and use of funds derived from public and private sources to minimize the use of appropriated or borrowed funds; (ii) the payment of the operating costs of the Memorial through the assessment of fees or other income generated by the Memorial; (iii) a strategy for achieving financial self-sufficiency with respect to the Memorial by not later than 5 years after the date of enactment of this Act; and (iv) a description of the business activities that would be permitted at the Memorial and appropriate vendor standards that would apply.