 
 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 490(j) 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 490(f) 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 490(j) 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.)


               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.
