20 U.S.C. § 80q–5 — Museum facilities

(a) National Museum mall facility: The Board of Regents must plan, design, and build a facility bounded by Third Street, Maryland Avenue, Independence Avenue, Fourth Street, and Jefferson Drive, Southwest, in Washington, D.C., to house the part of the National Museum located there. The Board of Regents pays no more than two-thirds of the total planning, design, and construction cost from appropriated funds; the rest comes from non-federal sources. (b) National Museum Heye Center facility: (1) Leasing space from GSA: (A) Terms: Despite section 586(a) and (b) of title 40, the Administrator of General Services may lease space in the Old United States Custom House at One Bowling Green, New York, to the Smithsonian at a nominal charge, to house the part of the National Museum located in New York City. The lease terms are worked out between the Administrator and the Secretary of the Smithsonian, and the lease must run at least 99 years. (B) Reimbursing the Federal Buildings Fund: The Administrator may reimburse the fund under section 592 of title 40 for the difference between what the Smithsonian is charged and the normal commercial rent rate. Congress authorized whatever sums are needed to do this for fiscal years starting after September 30, 1990. (2) Construction: (A) Museum facility: The Board of Regents must plan, design, and build a significant facility for the National Museum in the leased space. (B) Auditorium and loading dock: The Administrator of General Services must plan, design, and build an auditorium and loading dock in the Custom House for shared use by everyone in the building, including the National Museum. (C) Square footage: The facilities built under this paragraph must total about 82,500 square feet altogether. (3) Repairs and alterations: Once the facility under (2)(A) is built, the Board of Regents is responsible for repairing and altering it. (4) Reimbursing GSA: The Board of Regents must reimburse the Administrator for the Smithsonian's fair share of utility, maintenance, cleaning, and other service costs for the leased space, plus the full cost of any repairs or alterations GSA makes at the Smithsonian's request. (5) Cost sharing: (A) General rule: The Board of Regents pays one-third of the planning, design, and construction costs for the facility under (2)(A) from appropriated funds; the rest comes from non-federal sources. (B) New York City and State's role: New York City and New York State each agreed to pay $8,000,000, or one-third of the (2)(A) facility's cost, whichever is less, toward the non-federal share, on a payment schedule they agree to with the Board of Regents. (C) Limit on federal funds: Federal money cannot be spent on actually building the (2)(A) facility in a given fiscal year until the non-federal sources have paid the Board of Regents their expected share for that year. (6) Naming: The facility built under (2)(A) is officially named the "George Gustav Heye Center of the National Museum of the American Indian." (c) Museum Support Center facility: The Board of Regents must plan, design, and build a facility to conserve and store the National Museum's collections at the Smithsonian's Museum Support Center. (d) Minimum total size: All the facilities built under this section together must total at least 400,000 square feet. (e) Contracting with GSA: The Board of Regents and the Administrator of General Services may make agreements needed for planning, designing, and building facilities under this section (except for the auditorium and loading dock in (b)(2)(B)). Under these agreements, the Board of Regents transfers money to the Administrator to cover GSA's expenses for that work. (f) Limit on spending federal funds: Federal funds appropriated for this section cannot be spent on actually constructing any facility until 60 days after the Board of Regents sends Congress a written analysis of the total estimated construction cost and a cost-sharing plan, showing projected federal and non-federal amounts by fiscal year.