101st CONGRESS
1st Session
S. 978
AMENDMENTS
S 978 EAH
In the House of Representatives, U. S.,
November 13, 1989.
Resolved, That the bill from the Senate (S. 978) entitled `An Act to
authorize the establishment within the Smithsonian Institution of the
National Museum of the American Indian, to establish a memorial to the
American Indian, and for other purposes', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:

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This Act may be cited as the `National Museum of the American Indian Act'.

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The Congress finds that--
(1) there is no national museum devoted exclusively to the history and
art of cultures indigenous to the Americas;
(2) although the Smithsonian Institution sponsors extensive Native American
programs, none of its 19 museums, galleries, and major research facilities
is devoted exclusively to Native American history and art;
(3) the Heye Museum in New York, New York, one of the largest Native
American collections in the world, has more than 1,000,000 art objects
and artifacts and a library of 40,000 volumes relating to the archaeology,
ethnology, and history of Native American peoples;
(4) the Heye Museum is housed in facilities with a total area of 90,000
square feet, but requires a minimum of 400,000 square feet for exhibition,
storage, and scholarly research;
(5) the bringing together of the Heye Museum collection and the Native
American collection of the Smithsonian Institution would--
(A) create a national institution with unrivaled capability for exhibition
and research;
(B) give all Americans the opportunity to learn of the cultural legacy,
historic grandeur, and contemporary culture of Native Americans;
(C) provide facilities for scholarly meetings and the performing arts;
(D) make available curatorial and other learning opportunities for
Indians; and
(E) make possible traveling exhibitions to communities throughout the Nation;
(6) by order of the Surgeon General of the Army, approximately 4,000 Indian
human remains from battlefields and burial sites were sent to the Army
Medical Museum and were later transferred to the Smithsonian Institution;
(7) through archaeological excavations, individual donations, and museum
donations, the Smithsonian Institution has acquired approximately 14,000
additional Indian human remains;
(8) the human remains referred to in paragraphs (6) and (7) have long
been a matter of concern for many Indian tribes, including Alaska Native
Villages, and Native Hawaiian communities which are determined to provide
an appropriate resting place for their ancestors;
(9) identification of the origins of such human remains is essential to
addressing that concern; and
(10) an extraordinary site on the National Mall in the District of
Columbia (U.S. Government Reservation No. 6) is reserved for the use of the
Smithsonian Institution and is available for construction of the National
Museum of the American Indian.

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(a) ESTABLISHMENT- There is established, within the Smithsonian Institution,
a living memorial to Native Americans and their traditions which shall be
known as the `National Museum of the American Indian'.
(b) PURPOSES- The purposes of the National Museum are to--
(1) advance the study of Native Americans, including the study of language,
literature, history, art, anthropology, and life;
(2) collect, preserve, and exhibit Native American objects of artistic,
historical, literary, anthropological, and scientific interest;
(3) provide for Native American research and study programs; and
(4) provide for the means of carrying out paragraphs (1), (2), and (3) in the
District of Columbia, the State of New York, and other appropriate locations.

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FOR TRANSFER OF HEYE FOUNDATION ASSETS TO THE SMITHSONIAN INSTITUTION.
The Board of Regents is authorized to enter into an agreement with the Heye
Foundation, to provide for the transfer to the Smithsonian Institution of
title to the Heye Foundation assets. The agreement shall--
(1) require that the use of the assets be consistent with section 3(b); and
(2) be governed by, and construed in accordance with, the law of the State
of New York.
The United States District Court for the Southern District of New York shall
have original and exclusive jurisdiction over any cause of action arising
under the agreement.

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(a) IN GENERAL- The National Museum shall be under a Board of Trustees
with the duties, powers, and authority specified in this section.
(b) GENERAL DUTIES AND POWERS- The Board of Trustees shall--
(1) recommend annual operating budgets for the National Museum to the
Board of Regents;
(2) advise and assist the Board of Regents on all matters relating to the
administration, operation, maintenance, and preservation of the National
Museum;
(3) adopt bylaws for the Board of Trustees;
(4) designate a chairman and other officers from among the members of the
Board of Trustees; and
(5) report annually to the Board of Regents on the acquisition, disposition,
and display of Native American objects and artifacts and on other appropriate
matters.
(c) SOLE AUTHORITY- Subject to the general policies of the Board of Regents,
the Board of Trustees shall have the sole authority to--
(1) lend, exchange, sell, or otherwise dispose of any part of the collections
of the National Museum, with the proceeds of such transactions to be used
for additions to the collections of the National Museum or additions to
the endowment of the National Museum, as the case may be;
(2) purchase, accept, borrow, or otherwise acquire artifacts and other
objects for addition to the collections of the Natural Museum; and
(3) specify criteria for use of the collections of the National Museum
for appropriate purposes, including research, evaluation, education,
and method of display.
(d) AUTHORITY- Subject to the general policies of the Board of Regents,
the Board of Trustees shall have authority to--
(1) provide for restoration, preservation, and maintenance of the collections
of the National Museum;
(2) solicit funds for the National Museum and determine the purposes to
which such funds shall be applied; and
(3) approve expenditures from the endowment of the National Museum for
any purpose of the Museum.
(e) INITIAL APPOINTMENTS TO THE BOARD OF TRUSTEES-
(1) MEMBERSHIP- The initial membership of the Board of Trustees shall
consist of--
(A) the Secretary of the Smithsonian Institution;
(B) an Assistant Secretary of the Smithsonian Institution appointed by
the Board of Regents;
(C) 8 individuals appointed by the Board of Regents; and
(D) 15 individuals, each of whom shall be a member of the board of trustees
of the Heye Museum, appointed by the Board of Regents from a list of
nominees recommended by the board of trustees of the Heye Museum.
(2) SPECIAL RULE- At least 7 of the 23 members appointed under subparagraphs
(C) and (D) of paragraph (1) shall be Indians.
(3) TERMS- The trustee appointed under paragraph (1)(B) shall serve at the
pleasure of the Board of Regents. The terms of the trustees appointed under
subparagraph (C) or (D) of paragraph (1) shall be 3 years, beginning on
the date of the transfer of the Heye Foundation assets to the Smithsonian
Institution.
(4) VACANCIES- Any vacancy shall be filled only for the remainder of the
term involved. Any vacancy appointment under paragraph (1)(D) shall not be
subject to the source and recommendation requirements of that paragraph,
but shall be subject to paragraph (2).
(f) SUBSEQUENT APPOINTMENTS TO THE BOARD OF TRUSTEES-
(1) MEMBERSHIP- Upon the expiration of the terms under subsection (e),
the Board of Trustees shall consist of--
(A) the Secretary of the Smithsonian Institution;
(B) an Assistant Secretary of the Smithsonian Institution appointed by
the Board of Regents; and
(C) 23 individuals appointed by the Board of Regents from a list of nominees
recommended by the Board of Trustees.
(2) SPECIAL RULE- At least 12 of the 23 members appointed under paragraph
(1)(C) shall be Indians.
(3) TERMS- The trustee appointed under paragraph (1)(B) shall serve at
the pleasure of the Board of Regents. Except as otherwise provided in
the next sentence, the terms of members appointed under paragraph (1)(C)
shall be 3 years. Of the members first appointed under paragraph (1)(C)--
(A) 7 members, 4 of whom shall be Indians, shall be appointed for a term
of one year, as designated at the time of appointment; and
(B) 8 members, 4 of whom shall be Indians, shall be appointed for a term
of 2 years, as designated at the time of appointment.
(4) VACANCIES- Any vacancy shall be filled only for the remainder of the
term involved.
(g) QUORUM- A majority of the members of the Board of Trustees then in
office shall constitute a quorum.
(h) EXPENSES- Members of the Board shall be entitled (to the same extent as
provided in section 5703 of title 5, United States Code, with respect to
employees serving intermittently in the Government service) to per diem,
travel, and transportation expenses for each day (including travel time)
during which they are engaged in the performance of their duties.

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(a) IN GENERAL- The Secretary of the Smithsonian Institution shall appoint--
(1) a Director who, subject to the policies of the Board of Trustees,
shall manage the National Museum; and
(2) other employees of the National Museum, to serve under the Director.
(b) OFFER OF EMPLOYMENT TO HEYE FOUNDATION EMPLOYEES- Each employee of
the Heye Museum on the day before the date of the transfer of the Heye
Foundation assets to the Smithsonian Institution shall be offered employment
with the Smithsonian Institution--
(1) under the usual terms of such employment; and
(2) at a rate of pay not less than the rate applicable to the employee on
the day before the date of the transfer.
(c) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS- The Secretary may--
(1) appoint the Director, 2 employees under subsection (a)(2), and the
employees under subsection (b) without regard to the provisions of title 5,
United States Code, governing appointments in the competitive service;
(2) fix the pay of the Director and such 2 employees without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates; and
(3) fix the pay of the employees under subsection (b) in accordance with the
provisions of chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates, subject to
subsection (b)(2).

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(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 210(j) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490(j)), 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 210(f) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)) for
the difference between the amount charged to the Smithsonian Institution
for leasing space under this paragraph and the commercial charge under
section 210(j) of such Act 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 Act, 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.

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(a) REPAIRS AND ALTERATIONS- The Administrator of General Services shall
make such repairs and alterations as may be necessary in the portion of the
Old United States Custom House at One Bowling Green, New York, New York,
which is not leased to the Board of Regents under section 7(b) and which,
as of the date of the enactment of this Act, has not been altered.
(b) AUTHORIZATION OF APPROPRIATION- There is authorized to be appropriated to
the Administrator of General Services $25,000,000 from the fund established
pursuant to section 210(f) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 490(f)) to carry out this section and
section 7(b)(2)(B).

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(a) IN GENERAL- The Board of Regents shall--
(1) assure that, on the date on which a qualified successor to the Heye
Foundation at Audubon Terrace first takes possession of Audubon Terrace,
an area of at least 2,000 square feet at that facility is accessible to
the public and physically suitable for exhibition of museum objects and
for related exhibition activities;
(2) upon written agreement between the Board and any qualified successor,
lend objects from the collections of the Smithsonian Institution to the
successor for exhibition at Audubon Terrace; and
(3) upon written agreement between the Board and any qualified successor,
provide training, scholarship, technical, and other assistance (other
than operating funds) with respect to the area referred to in paragraph
(1) for the purposes described in that paragraph.
(b) DETERMINATION OF CHARGES- Any charge by the Board of Regents for
activities pursuant to agreements under paragraph (2) or (3) of subsection
(a) shall be determined according to the ability of the successor to pay.
(c) DEFINITION- As used in this section, the terms `qualified successor
to the Heye Foundation at Audubon Terrace', `qualified successor', and
`successor' mean an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986, and exempt from tax under section 501(a)
of such Code, that, as determined by the Board of Regents--
(1) is a successor occupant to the Heye Foundation at Audubon Terrace,
3753 Broadway, New York, New York;
(2) is qualified to operate the area referred to in paragraph (1) for the
purposes described in that paragraph; and
(3) is committed to making a good faith effort to respond to community
cultural interests in such operation.

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AND PROGRAMS.
(a) PRIORITY TO BE GIVEN TO INDIAN ORGANIZATIONS WITH RESPECT TO CERTAIN
AGREEMENTS- In entering into agreements with museums and other educational
and cultural organizations to--
(1) lend Native American artifacts and objects from any collection of the
Smithsonian Institution;
(2) sponsor or coordinate traveling exhibitions of artifacts and objects; or
(3) provide training or technical assistance;
the Board of Regents shall give priority to agreements with Indian
organizations, including Indian tribes, museums, cultural centers, educational
institutions, libraries, and archives. Such agreements may provide that
loans or services to such organizations may be furnished by the Smithsonian
Institution at minimal or no cost.
(b) INDIAN PROGRAMS- The Board of Regents may establish--
(1) programs to serve Indian tribes and communities; and
(2) in cooperation with educational institutions, including tribally
controlled community colleges (as defined in section 2 of the Tribally
Controlled Community College Assistance Act of 1978), programs to enhance
the opportunities for Indians in the areas of museum studies, management,
and research.
(c) INDIAN MUSEUM MANAGEMENT FELLOWSHIPS- The Board of Regents shall
establish an Indian Museum Management Fellowship program to provide stipend
support to Indians for training in museum development and management.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
$2,000,000 for each fiscal year, beginning with fiscal year 1991, to carry
out subsections (b) and (c).

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INDIAN FUNERARY OBJECTS IN THE POSSESSION OF THE SMITHSONIAN INSTITUTION.
(a) INVENTORY AND IDENTIFICATION- The Secretary of the Smithsonian
Institution, in consultation and cooperation with traditional Indian
religious leaders and government officials of Indian tribes, shall--
(1) inventory the Indian human remains and Indian funerary objects in the
possession or control of the Smithsonian Institution; and
(2) using the best available scientific and historical documentation,
identify the origins of such remains and objects.
(b) NOTICE IN CASE OF IDENTIFICATION OF TRIBAL ORIGIN- If the tribal origin
of any Indian human remains or Indian funerary object is identified by a
preponderance of the evidence, the Secretary shall so notify any affected
Indian tribe at the earliest opportunity.
(c) RETURN OF INDIAN HUMAN REMAINS AND ASSOCIATED INDIAN FUNERARY OBJECTS-
If any Indian human remains are identified by a preponderance of the
evidence as those of a particular individual or as those of an individual
culturally affiliated with a particular Indian tribe, the Secretary, upon
the request of the descendants of such individual or of the Indian tribe
shall expeditiously return such remains (together with any associated
funerary objects) to the descendants or tribe, as the case may be.
(d) RETURN OF INDIAN FUNERARY OBJECTS NOT ASSOCIATED WITH INDIAN HUMAN
REMAINS- If any Indian funerary object not associated with Indian human
remains is identified by a preponderance of the evidence as having been
removed from a specific burial site of an individual culturally affiliated
with a particular Indian tribe, the Secretary, upon the request of the
Indian tribe, shall expeditiously return such object to the tribe.
(e) INTERPRETATION- Nothing in this section shall be interpreted as--
(1) limiting the authority of the Smithsonian Institution to return or
repatriate Indian human remains or Indian funerary objects to Indian tribes
or individuals; or
(2) delaying actions on pending repatriation requests, denying or otherwise
affecting access to the courts, or limiting any procedural or substantive
rights which may otherwise be secured to Indian tribes or individuals.
(f) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
$1,000,000 for fiscal year 1991 and such sums as may be necessary for
succeeding fiscal years to carry out this section.

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RETURN OF INDIAN HUMAN REMAINS AND INDIAN FUNERARY OBJECTS.
(a) ESTABLISHMENT; DUTIES- Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Smithsonian Institute
shall appoint a special committee to monitor and review the inventory,
identification, and return of Indian human remains and Indian funerary
objects under section 11. In carrying out its duties, the committee shall--
(1) with respect to the inventory and identification, ensure fair and
objective consideration and assessment of all relevant evidence;
(2) upon the request of any affected party or otherwise, review any finding
relating to the origin or the return of such remains or objects;
(3) facilitate the resolution of any dispute that may arise between Indian
tribes with respect to the return of such remains or objects; and
(4) perform such other related functions as the Secretary may assign.
(b) MEMBERSHIP- The committee shall consist of five members, of whom--
(1) three members shall be appointed from among nominations submitted by
Indian tribes and organizations; and
(2) the Secretary shall designate one member as chairman.
The Secretary may not appoint to the committee any individual who is an
officer or employee of the Government (including the Smithsonian Institution)
or any individual who is otherwise affiliated with the Smithsonian Institution.
(c) ACCESS- The Secretary shall ensure that the members of the committee
have full and free access to the Indian human remains and Indian funerary
objects subject to section 11 and to any related evidence, including
scientific and historical documents.
PAY AND EXPENSES OF MEMBERS- Members of the committee shall--
(1) be paid the daily equivalent of the annual rate of basic pay payable
for grade GS-18 of the General Schedule under section 5332 of title 5,
United States Code; and
(2) be entitled (to the same extent as provided in section 5703 of such
title, with respect to employees serving intermittently in the Government
service) to per diem, travel, and transportation expenses;
for each day (including travel time) during which they are engaged in the
performance of their duties.
(e) RULES AND ADMINISTRATIVE SUPPORT- The Secretary shall prescribe
regulations and provide administrative support for the committee.
(f) REPORT AND TERMINATION- At the conclusion of the work of the committee,
the Secretary shall so certify by report to the Congress. The committee
shall cease to exist 120 days after the submission of the report.
(g) NONAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT- The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee.
(h) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
$250,000 for fiscal year 1991 and such sums as may be necessary for
succeeding fiscal years to carry out this section.

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REMAINS AND NATIVE HAWAIIAN FUNERARY OBJECTS IN THE POSSESSION OF THE
SMITHSONIAN INSTITUTION.
(a) IN GENERAL- The Secretary of the Smithsonian Institution shall--
(1) in conjunction with the inventory and identification under section
11, inventory and identify the Native Hawaiian human remains and Native
Hawaiian funerary objects in the possession of the Smithsonian Institution;
(2) enter into an agreement with appropriate Native Hawaiian organizations
with expertise in Native Hawaiian affairs (which may include the Office
of Hawaiian Affairs and the Malama I Na Kupuna O Hawai'i Nei) to provide
for the return of such human remains and funerary objects; and
(3) to the greatest extent practicable, apply, with respect to such human
remains and funerary objects, the principles and procedures set forth in
sections 11 and 12 with respect to the Indian human remains and Indian
funerary objects in the possession of the Smithsonian Institution.
(b) DEFINITIONS- As used in this section--
(1) the term `Malama I Na Kupuna O Hawai'i Nei' means the nonprofit, Native
Hawaiian organization, incorporated under the laws of the State of Hawaii
by that name on April 17, 1989, the purpose of which is to provide guidance
and expertise in decisions dealing with Native Hawaiian cultural issues,
particularly burial issues; and
(2) the term `Office of Hawaiian Affairs' means the Office of Hawaiian
Affairs established by the Constitution of the State of Hawaii.

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WITH RESPECT TO AGREEMENTS FOR THE RETURN OF INDIAN HUMAN REMAINS AND INDIAN
FUNERARY OBJECTS.
(a) IN GENERAL- The Secretary of the Interior may make grants to Indian
tribes to assist such tribes in reaching and carrying out agreements with--
(1) the Board of Regents for the return of Indian human remains and Indian
funerary objects under section 11; and
(2) other Federal and non-Federal entities for additional returns of Indian
human remains and Indian funerary objects.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
$1,000,000 for fiscal year 1991 and such sums as may be necessary for
succeeding fiscal year for grants under subsection (a).

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WITH RESPECT TO RENOVATION AND REPAIR OF MUSEUM FACILITIES AND EXHIBIT
FACILITIES.
(a) GRANTS- The Secretary of the Interior may make grants to Indian
organizations, including Indian tribes, museums, cultural centers,
educational institutions, libraries, and archives, for renovation and repair
of museum facilities and exhibit facilities to enable such organizations
to exhibit objects and artifacts on loan from the collections of the
Smithsonian Institution or from other sources. Such grants may be made
only from the Tribal Museum Endowment Fund.
(b) INDIAN ORGANIZATION CONTRIBUTION- In making grants under subsection
(a), the Secretary may require the organization receiving the grant to
contribute, in cash or in kind, not more than 50 percent of the cost of
the renovation or repair involved. Such contribution may be derived from
any source other than the Tribal Museum Endowment Fund.
(c) Tribal Museum Endowment Fund-
(1) ESTABLISHMENT- There is established in the Treasury a fund, to be
known as the `Tribal Museum Endowment Fund' (hereinafter in this subsection
referred to as the `Fund') for the purpose of making grants under subsection
(a). The Fund shall consist of (A) amounts deposited and credited under
paragraph (2), (B), obligations obtained under paragraph (3), and (C)
amounts appropriated pursuant to authorization under paragraph (5).
(2) DEPOSITS AND CREDITS- The Secretary of the Interior is authorized to
accept contributions to the Fund from non-Federal sources and shall deposit
such contributions in the Fund. The Secretary of the Treasury shall credit
to the Fund the interest on, and the proceeds from sale and redemption of,
obligations held in the Fund.
(3) Investments- The Secretary of the Treasury may invest any portion
of the Fund in interest-bearing obligations of the United States. Such
obligations may be acquired on original issue or in the open market and
may be held to maturity or sold in the open market. In making investments
for the Fund, the Secretary of the Treasury shall consult the Secretary
of the Interior with respect to maturities, purchases, and sales, taking
into consideration the balance necessary to meet current grant requirements.
(4) EXPENDITURES, AND CAPITAL PRESERVATION- Subject to appropriation,
amounts derived from interest shall be available for expenditure from the
Fund. The capital of the Fund shall not be available for expenditure.
(5) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to the Fund $2,000,000 for each fiscal year beginning with fiscal year 1992.
(d) ANNUAL REPORT- Not later than January 31 of each year, the Secretary
of the Interior, in consultation with the Secretary of the Treasury,
shall submit to the Congress a report of activities under this section,
including a statement of--
(1) the financial condition of the Fund as of the end of the preceding fiscal
year, with an analysis of the Fund transactions during that fiscal year; and
(2) the projected financial condition of the Fund, with an analysis of
expected Fund transactions for the six fiscal years after that fiscal year.

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As used in this Act--
(1) the term `Board of Regents' means the Board of Regents of the Smithsonian
Institution;
(2) the term `Board of Trustees' means the Board of Trustees of the National
Museum of the American Indian;
(3) the term `burial site' means a natural or prepared physical location,
whether below, on, or above the surface of the earth, into which, as a
part of a death rite or ceremony of a culture, individual human remains
are deposited;
(4) the term `funerary object' means an object that, as part of a death
rite or ceremony of a culture, is intentionally placed with individual
human remains, either at the time of burial or later;
(5) the term `Heye Foundation assets' means the collections, endowment,
and all other property of the Heye Foundation (other than the interest
of the Heye Foundation in Audubon Terrace) described in the Memorandum of
Understanding between the Smithsonian Institution and the Heye Foundation,
dated May 8, 1989, and the schedules attached to such memorandum;
(6) the term `Heye Museum' means the Museum of the American Indian,
Heye Foundation;
(7) the term `Indian' means a member of an Indian tribe;
(8) the term `Indian tribe' has the meaning given that term in section 4
of the Indian Self-Determination and Education Assistance Act;
(9) the term `National Museum' means the National Museum of the American
Indian established by section 3;
(10) the term `Native American' means an individual of a tribe, people,
or culture that is indigenous to the Americas and such term includes a
Native Hawaiian; and
(11) the term `Native Hawaiian' means a member or descendant of the
aboriginal people who, before 1778, occupied and exercised sovereignty in
the area that now comprises the State of Hawaii.

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(a) FUNDING- There is authorized to be appropriated to the Board of Regents
to carry out this Act (other than as provided in sections 7(b)(1)(B), 8,
10, 11, 12, 14, and 15(c)(5))--
(1) $10,000,000 for fiscal year 1990; and
(2) such sums as may be necessary for each succeeding fiscal year.
(b) PERIOD OF AVAILABILITY- Funds appropriated under subsection (a) shall
remain available without fiscal year limitation for any period prior to
the availability of the facilities to be constructed under section 7 for
administrative and planning expenses and for the care and custody of the
collections of the National Museum.
Amend the title so as to read: `An Act to establish the National Museum
of the American Indian within the Smithsonian Institution, and for other
purposes.'.
Attest:
Clerk.
S 978 EAH----2
S 978 EAH----3

cea93d34bdcd187dff1d684a408b64a0c685ecdc51bca37f7d9dae3fd063c1eb

National American Indian Museum Act — S. 978

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