§ 80q-5. — Museum facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC80q-5]
TITLE 20--EDUCATION
CHAPTER 3--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES
SUBCHAPTER XIII--NATIONAL MUSEUM OF THE AMERICAN INDIAN
Sec. 80q-5. Museum facilities
(a) National Museum mall facility
The Board of Regents shall plan, design, and construct a facility on
the area bounded by Third Street, Maryland Avenue, Independence Avenue,
Fourth Street, and Jefferson Drive, Southwest, in the District of
Columbia to house the portion of the National Museum to be located in
the District of Columbia. The Board of Regents shall pay not more than
\2/3\ of the total cost of planning, designing, and constructing the
facility from funds appropriated to the Board of Regents. The remainder
of the costs shall be paid from non-Federal sources.
(b) National Museum Heye Center facility
(1) Lease of space from GSA
(A) Terms
Notwithstanding section 586(a) and (b) of title 40, the
Administrator of General Services may lease, at a nominal
charge, to the Smithsonian Institution space in the Old United
States Custom House at One Bowling Green, New York, New York, to
house the portion of the National Museum to be located in the
city of New York. The lease shall be subject to such terms as
may be mutually agreed upon by the Administrator and the
Secretary of the Smithsonian Institution. The term of the lease
shall not be less than 99 years.
(B) Reimbursement of Federal buildings fund
The Administrator of General Services may reimburse the fund
established by section 592 of title 40 for the difference
between the amount charged to the Smithsonian Institution for
leasing space under this paragraph and the commercial charge
under section 586(a) and (b) of title 40 which, but for this
paragraph, would apply to the leasing of such space. There are
authorized to be appropriated to the Administrator such sums as
may be necessary to carry out this subparagraph for fiscal years
beginning after September 30, 1990.
(2) Construction
(A) Museum facility
The Board of Regents shall plan, design, and construct a
significant facility for the National Museum in the space leased
under paragraph (1).
(B) Auditorium and loading dock facility
The Administrator of General Services shall plan, design,
and construct an auditorium and loading dock in the Old United
States Custom House at One Bowling Green, New York, New York,
for the shared use of all the occupants of the building,
including the National Museum.
(C) Square footage
The facilities to be constructed under this paragraph shall
have, in the aggregate, a total square footage of approximately
82,500 square feet.
(3) Repairs and alterations
After construction of the facility under paragraph (2)(A),
repairs and alterations of the facility shall be the responsibility
of the Board of Regents.
(4) Reimbursement of GSA
The Board of Regents shall reimburse the Administrator for the
Smithsonian Institution's pro rata share of the cost of utilities,
maintenance, cleaning, and other services incurred with respect to
the space leased under paragraph (1) and the full cost of any
repairs or alterations made by the General Services Administration
at the request of the Smithsonian Institution with respect to the
space.
(5) Cost sharing
(A) General rules
The Board of Regents shall pay \1/3\ of the costs of
planning, designing, and constructing the facility under
paragraph (2)(A) from funds appropriated to the Board of
Regents. The remainder of the costs shall be paid from non-
Federal sources.
(B) Responsibilities of New York City and State
Of the costs which are required to be paid from non-Federal
sources under this paragraph, the city of New York, New York,
and the State of New York have each agreed to pay $8,000,000 or
an amount equal to \1/3\ of the costs of planning, designing,
and constructing the facility under paragraph (2)(A), whichever
is less. Such payments shall be made to the Board of Regents in
accordance with a payment schedule to be agreed upon by the city
and State and the Board of Regents.
(C) Limitation on obligations of Federal funds
Federal funds may not be obligated for actual construction
of a facility under paragraph (2)(A) in a fiscal year until non-
Federal sources have paid to the Board of Regents the non-
Federal share of such costs which the Board of Regents estimates
will be incurred in such year.
(6) Designation
The facility to be constructed under paragraph (2)(A) shall be
known and designated as the ``George Gustav Heye Center of the
National Museum of the American Indian''.
(c) Museum Support Center facility
The Board of Regents shall plan, design, and construct a facility
for the conservation and storage of the collections of the National
Museum at the Museum Support Center of the Smithsonian Institution.
(d) Minimum square footage
The facilities to be constructed under this section shall have, in
the aggregate, a total square footage of at least 400,000 square feet.
(e) Authority to contract with GSA
The Board of Regents and the Administrator of General Services may
enter into such agreements as may be necessary for planning, designing,
and constructing facilities under this section (other than subsection
(b)(2)(B)). Under such agreements, the Board of Regents shall transfer
to the Administrator, from funds available for planning, designing, and
constructing such facilities, such amounts as may be necessary for
expenses of the General Services Administration with respect to
planning, designing, and constructing such facilities.
(f) Limitation on obligation of Federal funds
Notwithstanding any other provision of this subchapter, funds
appropriated for carrying out this section may not be obligated for
actual construction of any facility under this section until the 60th
day after the date on which the Board of Regents transmits to Congress a
written analysis of the total estimated cost of the construction and a
cost-sharing plan projecting the amount for Federal appropriations and
for non-Federal contributions for the construction on a fiscal year
basis.
(Pub. L. 101-185, Sec. 7, Nov. 28, 1989, 103 Stat. 1339.)
Codification
``Section 586(a) and (b) of title 40'' substituted in subsec.
(b)(1)(A) for ``section 210(j) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490(j))'', ``section 592
of title 40'' substituted in subsec. (b)(1)(B) for ``section 210(f) of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
490(f))'', and ``section 586(a) and (b) of title 40'' substituted in
subsec. (b)(1)(B) for ``section 210(j) of such Act'' on authority of
Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first
section of which enacted Title 40, Public Buildings, Property, and
Works.
National Native American Veterans' Memorial
Pub. L. 103-384, Oct. 22, 1994, 108 Stat. 4067, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Native American Veterans' Memorial
Establishment Act of 1994'.
``SEC. 2. FINDINGS.
``The Congress finds the following:
``(1) Native Americans across the Nation--Indians, Native
Alaskans, and Native Hawaiians--have a long, proud and distinguished
tradition of service in the Armed Forces of the United States.
``(2) Native Americans have historically served in the Armed
Forces of the United States in numbers which far exceed their
representation in the population of the United States.
``(3) Native American veterans count among themselves a number
of Medal of Honor recipients. Their numbers are also conspicuous in
the ranks of those who have received other decorations for valor and
distinguished service.
``(4) Native Americans have lost their lives in the service of
their Nation and in the cause of peace.
``(5) The National Museum of the American Indian was established
as a living memorial to Native Americans. Its mission is to advance
knowledge and understanding of Native American cultures, including
art, history, language, and the contributions Native Americans have
made to our society.
``(6) The National Museum of the American Indian is an
extraordinary site and an ideal location to establish a National
Native American Veterans' Memorial.
``(7) A National Native American Veterans' Memorial would
further the purposes of the National Museum of the American Indian
by giving all Americans the opportunity to learn of the proud and
courageous tradition of service of Native Americans in the Armed
Forces of the United States.
``SEC. 3. AUTHORITY TO ESTABLISH MEMORIAL.
``(a) In General.--The National Museum of the American Indian
(established by the National Museum of the American Indian Act (20
U.S.C. 80q et seq.)), in close consultation with the National Congress
of American Indians and other Native American groups, is authorized to
construct and maintain a National Native American Veterans' Memorial
(hereafter in this Act referred to as the `memorial').
``(b) Location.--The memorial shall be located at a site determined
to be suitable by the Museum within the interior structure of the
facility provided for by section 7(a) of such Act (20 U.S.C. 80q-5(a))
(relating to housing the portion of the Museum to be located in the
District of Columbia).
``(c) Design and Plans.--(1) The National Congress of American
Indians, in consultation with the Museum, is authorized to hold a
competition to select the design of the Memorial. Any design so selected
shall be compatible with both the purpose of the Museum, as set forth in
section 3(b) of the National Museum of the American Indian Act (20
U.S.C. 80q-1 [(b)]), and with any existing design plans for the Museum's
structure and its surroundings.
``(2) Any design so selected shall be subject to the approval of the
Board of Regents of the Smithsonian Institution.
``SEC. 4. PAYMENT OF EXPENSES AND USE OF NAME.
``(a) Responsibility of National Congress of American Indians.--The
National Congress of American Indians shall be solely responsible for
acceptance of contributions for, and payment of the expenses of, the
establishment of the memorial. No Federal funds may be used to pay any
expense of the establishment of the memorial.
``(b) Use of Name.--Use of the name of the Smithsonian Institution
or the National Museum of the American Indian in any material regarding
the memorial produced by the National Congress of American Indians,
other than in a manner simply describing the location of the memorial,
shall be subject to consultation with, and the approval of, the Board of
Regents of the Smithsonian Institution.''
Section Referred to in Other Sections
This section is referred to in sections 80q-6, 80q-15 of this title.
