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the beginning of formal discussions regarding the potential
donation, petitioner placed restrictions on his donation of the
materials. Petitioner required that investigative reports given
to petitioner by Terry Nichols’s attorney remain sealed and that
photographs of the deceased victims of the Oklahoma City bombing
remain sealed forever. He also required that the University of
Texas provide private work space and staff assistance for
petitioner or his designated agents to review the materials.
Petitioner required that the University of Texas pay both the
storage costs with respect to the materials from the date of
acknowledgment of the deed of gift in December 1997 until the
date of actual delivery of the materials in January 1999 and the
shipping costs for delivery of the materials. Petitioner also
required that the University of Texas pay for his designated
agent to review and organize the materials between the time that
the deed of gift was executed and the date of delivery. The
review for which the University of Texas paid included
determinations by petitioner or his agent about whether certain
documents should be removed from the donated materials due to
privilege and confidentiality concerns.
On December 24, 1997, petitioner executed a document
entitled “Deed of Gift and Agreement”, which memorialized the
transfer by petitioner to the Center for American History at the
University of Texas at Austin (University of Texas), a qualifying
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