20 U.S.C. § 80q-5 : US Code - Section 80Q-5: Museum facilities
Search 20 U.S.C. § 80q-5 : US Code - Section 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.
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