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Agreement between the Government of Canada and the Government of the United States of America relating to the Establishment of the Roosevelt Campobello International Park [1964] CATSer 11 (14 August 1964)

E103623 - CTS 1964 No. 17

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA RELATING TO THE ESTABLISHMENT OF THE ROOSEVELT CAMPOBELLO INTERNATIONAL PARK

The Governments of Canada and the United States of America

Noting the generous offer by the Hammer family of the summer home of President Franklin Delano Roosevelt on Campobello Island, New Brunswick, Canada, with the intention that it be opened to the general public as a memorial to President Roosevelt, and the acceptance in principle of this offer by Prime Minister Lester B. Pearson and President John F. Kennedy at Hyannis Port in May 1963; and

Recognizing the many intimate associations of President Roosevelt with the summer home on Campobello Island; and

Desiring to take advantage of this unique opportunity to symbolize the close and neighborly relations between the peoples of Canada and the United States of America by the utilization of the gift to establish a Canadian-United States memorial park;

Agree as follows:

ARTICLE 1

There shall be established a joint Canadian-United States commission, to be called the "Roosevelt Campobello International Park Commission", which shall have as its functions:

(a) to accept title from the Hammer family to the former Roosevelt estate comprising the Roosevelt home and other grounds on Campobello Island;

(b) to take the necessary measures to restore the Roosevelt home as closely as possible to its condition when it was occupied by President Roosevelt;

(c) to administer as a memorial the "Roosevelt Campobello International Park" comprising the Roosevelt estate and such other lands as may be acquired.

ARTICLE 2

The Commission shall have juridical personality and all powers and capacity necessary or appropriate for the purpose of performing its functions under this agreement including, but not by way of limitation, the following powers and capacity:

(a) to acquire and dispose of personal and real property, excepting the power to dispose of the Roosevelt home and the tract of land on which it is located;

(b) to enter into contracts;

(c) to sue or be sued in either the United States or Canada;

(d) to appoint a staff, including an Executive Secretary who shall act as secretary at meetings of the Commission, and to fix the terms and conditions of their employment and remuneration;

(e) to delegate to the Executive Secretary or other officials such authority respecting the employment and direction of staff and other responsibilities of the Commission as it deems desirable and appropriate;

(f) to adopt such rules of procedure as it deems desirable to enable it to perform the functions set forth in this agreement;

(g) to charge admission fees for entrance to the Park should the Commission consider such fees desirable; however, such fees shall be set at a level which will make the facilities readily available to visitors;

(h) to grant concessions if deemed desirable;

(i) to accept donations, bequests or devises intended for furthering the functions of the Commission and to use such donations, bequests or devises as may be provided in the terms thereof.

ARTICLE 3

The Commission shall consist of six members, of whom three shall be appointed by the Government of Canada and three appointed by the Government of the United States. One of the Canadian members shall be nominated by the Government of New Brunswick and one of the United States members shall be nominated by the Government of Maine. Alternates may be appointed for each member of the Commission in the same manner as the members. The Commission shall elect a chairman and a vice-chairman from among its members, each of whom shall hold office for a term of two years, in such a manner that members of the same nationality shall never simultaneously serve as chairman and vice-chairman. The chairmanship shall alternate between members of Canadian nationality and United States nationality every two years. A quorum shall consist of at least four members of the Commission or their alternates, including always two from Canada and two from the United States. The affirmative vote of at least two Canadian and two United States members or their respective alternates shall be required for any decision to be taken by the Commission.

ARTICLE 4

The Commission may employ both Canadian and United States citizens. Their employment shall be subject to the relevant Canadian labor and other laws, and the Government of Canada agrees to take such measures as may be necessary to permit United States citizens to accept employment with the Commission on a similar basis to Canadian citizens.

ARTICLE 5

The Commission shall maintain insurance in reasonable amounts, including, but not limited to, liability and property insurance.

ARTICLE 6

The Commission shall hold at least one meeting every calendar year and shall submit an annual report to the Canadian and United States Governments on or before March 31 of each year, including a general statement of the operations for the previous year and an audited statement of the financial operations of the Commission. The Commission shall permit inspection of its records by the accounting agencies of both Governments.

ARTICLE 7

All property belonging to the Commission shall be exempt from attachment, execution, or other processes for satisfaction of claims, debts or judgments.

ARTICLE 8

The Commission shall not be subject to Federal, State, Provincial or local taxation in Canada or the United States on any real or personal property held by it or on any gift, bequest or devise to it of any personal or real property, or on its income, whether from Governmental appropriations, admission fees, concessions or donations. All personal property imported or introduced into Canada by the Commission for use in connection with the Park shall be free from customs duties. Further consideration shall be given to granting exemption from other taxes the imposition of which would be inconsistent with the functioning of the Commission.

ARTICLE 9

Arrangements may be made with the competent agencies of Canada and the United States for rendering, without reimbursement, such services as the Commission may request for the orderly development, maintenance and operation of the Park.

ARTICLE 10

The Commission shall take appropriate measures to emphasize the international nature of the Park.

ARTICLE 11

1. The Governments of Canada and the United States shall share equally the costs of developing the Roosevelt Campobello International Park and the annual cost of operating and maintaining the Park.

2. Any revenues derived from admission fees or concession operations of the Commission shall be transmitted in equal shares to the two Governments within 60 days of the end of the Commission's fiscal year. Other funds received by the Commission may be used to further the purposes of the Commission in accordance with the provisions of this agreement.

3. The Commission shall submit annually to the Canadian and United States Governments a budget covering total anticipated expenditures to be financed from all sources, and shall conduct its operations in accordance with the budget as approved by the two Governments.

4. The Commissioners shall receive no remuneration from the Commission; however, they may be paid reasonable per diem and travel expenses by the Commission.

ARTICLE 12

This agreement requires implementation by legislation in each country; it shall come into effect after the enactment of such legislation on a date to be fixed by an exchange of notes between the two Governments.

DONE in duplicate at Washington, this 22nd day of January 1964.

Lester B. Pearson

FOR THE GOVERNMENT OF CANADA

Lyndon B. Johnson

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA