§ 80q–4 TITLE 20—EDUCATION Page 48

(g) Quorum Avenue, Fourth Street, and Jefferson Drive, A majority of the members of the Board of Southwest, in the District of Columbia to house Trustees then in office shall constitute a the portion of the National Museum to be lo- quorum. cated in the District of Columbia. The Board of Regents shall pay not more than 2⁄3 of the total (h) Expenses cost of planning, designing, and constructing Members of the Board shall be entitled (to the the facility from funds appropriated to the same extent as provided in section 5703 of title Board of Regents. The remainder of the costs 5 with respect to employees serving intermit- shall be paid from non-Federal sources. tently in the Government service) to per diem, (b) National Museum Heye Center facility travel, and transportation expenses for each day (1) Lease of space from GSA (including travel time) during which they are engaged in the performance of their duties. (A) Terms (Pub. L. 101–185, § 5, Nov. 28, 1989, 103 Stat. 1337.) Notwithstanding section 490(j) of title 40, the Administrator of General Services may § 80q–4. Director and staff of National Museum lease, at a nominal charge, to the Smith- sonian Institution space in the Old United (a) In general States Custom House at One Bowling Green, The Secretary of the , New York, to house the portion shall appoint— of the National Museum to be located in the (1) a Director who, subject to the policies of city of New York. The lease shall be subject the Board of Trustees, shall manage the Na- to such terms as may be mutually agreed tional Museum; and upon by the Administrator and the Sec- (2) other employees of the National Museum, retary of the Smithsonian Institution. The to serve under the Director. term of the lease shall not be less than 99 (b) Offer of employment to Heye Foundation em- years. ployees (B) Reimbursement of Federal buildings fund Each employee of the Heye Museum on the The Administrator of General Services day before the date of the transfer of the Heye may reimburse the fund established by sec- Foundation assets to the Smithsonian Institu- tion 490(f) of title 40 for the difference be- tion shall be offered employment with the tween the amount charged to the Smith- Smithsonian Institution— sonian Institution for leasing space under (1) under the usual terms of such employ- this paragraph and the commercial charge ment; and under section 490(j) of title 40 which, but for (2) at a rate of pay not less than the rate ap- this paragraph, would apply to the leasing of plicable to the employee on the day before the such space. There are authorized to be ap- date of the transfer. propriated to the Administrator such sums (c) Applicability of certain civil service laws as may be necessary to carry out this sub- paragraph for fiscal years beginning after The Secretary may— September 30, 1990. (1) appoint the Director, 2 employees under subsection (a)(2) of this section, and the em- (2) Construction ployees under subsection (b) of this section (A) Museum facility without regard to the provisions of title 5, The Board of Regents shall plan, design, governing appointments in the competitive and construct a significant facility for the service; National Museum in the space leased under (2) fix the pay of the Director and such 2 em- paragraph (1). ployees without regard to the provisions of (B) Auditorium and loading dock facility chapter 51 and subchapter III of chapter 53 of such title, relating to classification and Gen- The Administrator of General Services eral Schedule pay rates; and shall plan, design, and construct an audito- (3) fix the pay of the employees under sub- rium and loading dock in the Old United section (b) of this section in accordance with States Custom House at One Bowling Green, the provisions of chapter 51 and subchapter III New York, New York, for the shared use of of chapter 53 of such title, relating to classi- all the occupants of the building, including fication and General Schedule pay rates, sub- the National Museum. ject to subsection (b)(2) of this section. (C) Square footage (Pub. L. 101–185, § 6, Nov. 28, 1989, 103 Stat. 1339.) The facilities to be constructed under this paragraph shall have, in the aggregate, a REFERENCES IN TEXT total square footage of approximately 82,500 The provisions of title 5 governing appointments in square feet. the competitive service, referred to in subsec. (c)(1), are (3) Repairs and alterations classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. After construction of the facility under paragraph (2)(A), repairs and alterations of the § 80q–5. Museum facilities facility shall be the responsibility of the (a) National Museum mall facility Board of Regents. The Board of Regents shall plan, design, and (4) Reimbursement of GSA construct a facility on the area bounded by The Board of Regents shall reimburse the Third Street, Maryland Avenue, Independence Administrator for the Smithsonian Institu- Page 49 TITLE 20—EDUCATION § 80q–5

tion’s pro rata share of the cost of utilities, (f) Limitation on obligation of Federal funds maintenance, cleaning, and other services in- Notwithstanding any other provision of this curred with respect to the space leased under subchapter, funds appropriated for carrying out paragraph (1) and the full cost of any repairs this section may not be obligated for actual con- or alterations made by the General Services struction of any facility under this section until Administration at the request of the Smith- the 60th day after the date on which the Board sonian Institution with respect to the space. of Regents transmits to Congress a written (5) Cost sharing analysis of the total estimated cost of the con- (A) General rules struction and a cost-sharing plan projecting the 1 amount for Federal appropriations and for non- The Board of Regents shall pay ⁄3 of the Federal contributions for the construction on a costs of planning, designing, and construct- fiscal year basis. ing the facility under paragraph (2)(A) from funds appropriated to the Board of Regents. (Pub. L. 101–185, § 7, Nov. 28, 1989, 103 Stat. 1339.) The remainder of the costs shall be paid NATIONAL NATIVE AMERICAN VETERANS’ MEMORIAL from non-Federal sources. Pub. L. 103–384, Oct. 22, 1994, 108 Stat. 4067, provided (B) Responsibilities of and that: State ‘‘SECTION 1. SHORT TITLE. Of the costs which are required to be paid ‘‘This Act may be cited as the ‘Native American Vet- from non-Federal sources under this para- erans’ Memorial Establishment Act of 1994’. graph, the city of New York, New York, and ‘‘SEC. 2. FINDINGS. the State of New York have each agreed to 1 ‘‘The Congress finds the following: pay $8,000,000 or an amount equal to ⁄3 of the ‘‘(1) Native Americans across the Nation—Indians, costs of planning, designing, and construct- Native Alaskans, and Native Hawaiians—have a long, ing the facility under paragraph (2)(A), proud and distinguished tradition of service in the whichever is less. Such payments shall be Armed Forces of the United States. made to the Board of Regents in accordance ‘‘(2) Native Americans have historically served in with a payment schedule to be agreed upon the Armed Forces of the United States in numbers by the city and State and the Board of Re- which far exceed their representation in the popu- gents. lation of the United States. ‘‘(3) Native American veterans count among them- (C) Limitation on obligations of Federal selves a number of Medal of Honor recipients. Their funds numbers are also conspicuous in the ranks of those who have received other decorations for valor and Federal funds may not be obligated for ac- distinguished service. tual construction of a facility under para- ‘‘(4) Native Americans have lost their lives in the graph (2)(A) in a fiscal year until non-Fed- service of their Nation and in the cause of peace. eral sources have paid to the Board of Re- ‘‘(5) The National Museum of the American Indian gents the non-Federal share of such costs was established as a living memorial to Native Amer- which the Board of Regents estimates will icans. Its mission is to advance knowledge and under- be incurred in such year. standing of Native American cultures, including art, history, language, and the contributions Native (6) Designation Americans have made to our society. The facility to be constructed under para- ‘‘(6) The National Museum of the American Indian graph (2)(A) shall be known and designated as is an extraordinary site and an ideal location to es- the ‘‘ Center of the Na- tablish a National Native American Veterans’ Memo- rial. tional Museum of the American Indian’’. ‘‘(7) A National Native American Veterans’ Memo- (c) Museum Support Center facility rial would further the purposes of the National Mu- seum of the American Indian by giving all Americans The Board of Regents shall plan, design, and the opportunity to learn of the proud and courageous construct a facility for the conservation and tradition of service of Native Americans in the storage of the collections of the National Mu- Armed Forces of the United States. seum at the Museum Support Center of the ‘‘SEC. 3. AUTHORITY TO ESTABLISH MEMORIAL. Smithsonian Institution. ‘‘(a) IN GENERAL.—The National Museum of the (d) Minimum square footage American Indian (established by the National Museum The facilities to be constructed under this sec- of the American Indian Act (20 U.S.C. 80q et seq.)), in close consultation with the National Congress of Amer- tion shall have, in the aggregate, a total square ican Indians and other Native American groups, is au- footage of at least 400,000 square feet. thorized to construct and maintain a National Native (e) Authority to contract with GSA American Veterans’ Memorial (hereafter in this Act re- ferred to as the ‘memorial’). The Board of Regents and the Administrator ‘‘(b) LOCATION.—The memorial shall be located at a of General Services may enter into such agree- site determined to be suitable by the Museum within ments as may be necessary for planning, design- the interior structure of the facility provided for by ing, and constructing facilities under this sec- section 7(a) of such Act (20 U.S.C. 80q–5(a)) (relating to tion (other than subsection (b)(2)(B)). Under housing the portion of the Museum to be located in the such agreements, the Board of Regents shall District of Columbia). transfer to the Administrator, from funds avail- ‘‘(c) DESIGN AND PLANS.—(1) The National Congress of able for planning, designing, and constructing American Indians, in consultation with the Museum, is authorized to hold a competition to select the design of such facilities, such amounts as may be nec- the Memorial. Any design so selected shall be compat- essary for expenses of the General Services Ad- ible with both the purpose of the Museum, as set forth ministration with respect to planning, design- in section 3(b) of the National Museum of the American ing, and constructing such facilities. Indian Act (20 U.S.C. 80q–1 [(b)]), and with any existing § 80q–6 TITLE 20—EDUCATION Page 50 design plans for the Museum’s structure and its sur- (b) Determination of charges roundings. ‘‘(2) Any design so selected shall be subject to the ap- Any charge by the Board of Regents for activi- proval of the Board of Regents of the Smithsonian In- ties pursuant to agreements under paragraph (2) stitution. or (3) of subsection (a) of this section shall be ‘‘SEC. 4. PAYMENT OF EXPENSES AND USE OF determined according to the ability of the suc- NAME. cessor to pay. ‘‘(a) RESPONSIBILITY OF NATIONAL CONGRESS OF AMER- (c) Definition ICAN INDIANS.—The National Congress of American In- dians shall be solely responsible for acceptance of con- As used in this section, the terms ‘‘qualified tributions for, and payment of the expenses of, the es- successor to the Heye Foundation at Audubon tablishment of the memorial. No Federal funds may be Terrace’’, ‘‘qualified successor’’, and,1 ‘‘succes- used to pay any expense of the establishment of the sor’’ mean an organization described in section memorial. 501(c)(3) of title 26, and exempt from tax under ‘‘(b) USE OF NAME.—Use of the name of the Smith- section 501(a) of title 26, that, as determined by sonian Institution or the National Museum of the the Board of Regents— American Indian in any material regarding the memo- rial produced by the National Congress of American In- (1) is a successor occupant to the Heye Foun- dians, other than in a manner simply describing the lo- dation at Audubon Terrace, 3753 , cation of the memorial, shall be subject to consultation New York, New York; with, and the approval of, the Board of Regents of the (2) is qualified to operate the area referred Smithsonian Institution.’’ to in paragraph (1) for the purposes described SECTION REFERRED TO IN OTHER SECTIONS in that paragraph; and (3) is committed to making a good faith ef- This section is referred to in sections 80q–6, 80q–15 of fort to respond to community cultural inter- this title. ests in such operation. § 80q–6. Custom House office space and audito- (Pub. L. 101–185, § 9, Nov. 28, 1989, 103 Stat. 1342.) rium (a) Repairs and alterations § 80q–8. Board of Regents functions with respect to certain agreements and programs The Administrator of General Services shall make such repairs and alterations as may be (a) Priority to be given to Indian organizations necessary in the portion of the Old United with respect to certain agreements States Custom House at One Bowling Green, In entering into agreements with museums New York, New York, which is not leased to the and other educational and cultural organiza- Board of Regents under section 80q–5(b) of this tions to— title and which, as of November 28, 1989, has not (1) lend Native American artifacts and ob- been altered. jects from any collection of the Smithsonian (b) Authorization of appropriation Institution; There is authorized to be appropriated to the (2) sponsor or coordinate traveling exhibi- Administrator of General Services $25,000,000 tions of artifacts and objects; or from the fund established pursuant to section (3) provide training or technical assistance; 490(f) of title 40 to carry out this section and sec- the Board of Regents shall give priority to tion 80q–5(b)(2)(B) of this title. agreements with Indian organizations, including (Pub. L. 101–185, § 8, Nov. 28, 1989, 103 Stat. 1341.) Indian tribes, museums, cultural centers, edu- cational institutions, libraries, and archives. SECTION REFERRED TO IN OTHER SECTIONS Such agreements may provide that loans or This section is referred to in section 80q–15 of this services to such organizations may be furnished title. by the Smithsonian Institution at minimal or no cost. § 80q–7. Audubon Terrace (b) Indian programs (a) In general The Board of Regents may establish— The Board of Regents shall— (1) programs to serve Indian tribes and com- (1) assure that, on the date on which a quali- munities; and fied successor to the Heye Foundation at Au- (2) in cooperation with educational institu- dubon Terrace first takes possession of Audu- tions, including tribally controlled commu- bon Terrace, an area of at least 2,000 square nity colleges (as defined in section 1801 of title feet at that facility is accessible to the public 25), programs to enhance the opportunities for and physically suitable for exhibition of mu- Indians in the areas of museum studies, man- seum objects and for related exhibition activi- agement, and research. ties; (2) upon written agreement between the (c) Indian Museum Management Fellowships Board and any qualified successor, lend ob- The Board of Regents shall establish an Indian jects from the collections of the Smithsonian Museum Management Fellowship program to Institution to the successor for exhibition at provide stipend support to Indians for training Audubon Terrace; and in museum development and management. (3) upon written agreement between the (d) Authorization of appropriations Board and any qualified successor, provide training, scholarship, technical, and other as- There is authorized to be appropriated sistance (other than operating funds) with re- $2,000,000 for each fiscal year, beginning with fis- spect to the area referred to in paragraph (1) for the purposes described in that paragraph. 1 So in original. The comma probably should not appear.