### §50. Reception and arrangement of specimens and objects of art

Whenever suitable arrangements can be made from time to time for their reception, all objects of art and of foreign and curious research, and all objects of natural history, plants, and geological and mineralogical specimens belonging to the United States, which may be in the city of Washington, in whosesoever custody they may be, shall be delivered to such persons as may be authorized by the Board of Regents to receive them, and shall be so arranged and classified in the building erected for the institution as best to facilitate the examination and study of them; and whenever new specimens in natural history, geology, or mineralogy are obtained for the museum of the institution, by exchanges of duplicate specimens, which the Regents may in their discretion make, or by donation, which they may receive, or otherwise, the Regents shall cause such new specimens to be appropriately classed and arranged. The minerals, books, manuscripts, and other property of James Smithson, which have been received by the Government of the United States, shall be preserved separate and apart from other property of the institution.

(R.S. §5586.)

#### **Editorial Notes**

#### Codification

R.S. §5586 derived from act Aug. 10, 1846, ch. 178, §6, 9 Stat. 105.

#### **Statutory Notes and Related Subsidiaries**

#### Laboratory Space, Gamboa, Panama

Pub. L. 111–11, title XV, §15102, Mar. 30, 2009, 123 Stat. 1456, provided that:

"(a) Authority To Construct.—The Board of Regents of the Smithsonian Institution is authorized to construct laboratory space to accommodate the terrestrial research program of the Smithsonian tropical research institute in Gamboa, Panama.

"(b) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section a total of $14,000,000 for fiscal years 2009 and 2010. Such sums shall remain available until expended."

#### Veritas Astrophysical Observatory Project; Authorization of Construction and Appropriations

Pub. L. 108–331, Oct. 16, 2004, 118 Stat. 1281, as amended by Pub. L. 110–341, §1(2), Oct. 3, 2008, 122 Stat. 3738, provided that:

#### "SECTION 1. AUTHORIZING BOARD OF REGENTS OF SMITHSONIAN INSTITUTION TO CARRY OUT CONSTRUCTION AND RELATED ACTIVITIES IN SUPPORT OF VERITAS ASTROPHYSICAL OBSERVATORY PROJECT.

"The Board of Regents of the Smithsonian Institution is authorized to carry out construction and related activities in support of the collaborative Very Energetic Radiation Imaging Telescope Array System (VERITAS) project at the Fred Lawrence Whipple Observatory Base Camp on Mount Hopkins, Arizona, or other similar location.

#### "SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

"There is authorized to be appropriated $1,000,000 for fiscal year 2005 to carry out section 1."

#### Collection and Preservation of Artifacts Relating to September 11th Attacks

Pub. L. 107–117, div. B, §701, Jan. 10, 2002, 115 Stat. 2311, provided that:

"(a) In General.—The Secretary of the Smithsonian Institution shall collect and preserve in the National Museum of American History artifacts relating to the September 11th attacks on the World Trade Center and the Pentagon.

"(b) Types of Artifacts.—In carrying out subsection (a), the Secretary of the Smithsonian Institution shall consider collecting and preserving—

"(1) pieces of the World Trade Center and the Pentagon;

"(2) still and video images made by private individuals and the media;

"(3) personal narratives of survivors, rescuers, and government officials; and

"(4) other artifacts, recordings, and testimonials that the Secretary of the Smithsonian Institution determines have lasting historical significance.

"(c) Authorization of Appropriations.—There is authorized to be appropriated to the Smithsonian Institution $5,000,000 to carry out this section."

#### Smithsonian Astrophysical Observatory Submillimeter Array; Authorization of Construction and Appropriations

Pub. L. 106–383, Oct. 27, 2000, 114 Stat. 1459, provided that:

#### "SECTION 1. FACILITY AUTHORIZED.

"The Board of Regents of the Smithsonian Institution is authorized to plan, design, construct, and equip laboratory, administrative, and support space to house base operations for the Smithsonian Astrophysical Observatory Submillimeter Array located on Mauna Kea at Hilo, Hawaii.

#### "SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated to the Board of Regents of the Smithsonian Institution to carry out this Act, $2,000,000 for fiscal year 2001, and $2,500,000 for fiscal year 2002, which shall remain available until expended."

#### Smithsonian Institution Transportation Program

Pub. L. 105–178, title I, §1214(b), June 9, 1998, 112 Stat. 204, provided that:

"(1) In general.—The Secretary [of Transportation] shall allocate amounts made available by this subsection for obligation at the discretion of the Secretary of the Smithsonian Institution, in consultation with the Secretary, to carry out projects and activities described in paragraph (2).

"(2) Eligible uses.—Amounts allocated under paragraph (1) may be obligated only—

"(A) for transportation-related exhibitions, exhibits, and educational outreach programs;

"(B) to enhance the care and protection of the Nation's collection of transportation-related artifacts;

"(C) to acquire historically significant transportation-related artifacts; and

"(D) to support research programs within the Smithsonian Institution that document the history and evolution of transportation, in cooperation with other museums in the United States.

"(3) Authorization of appropriations.—There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $1,000,000 for each of fiscal years 1998 through 2003 to carry out this subsection.

"(4) Applicability of title 23.—Funds authorized by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of any project or activity under this subsection shall be 100 percent and such funds shall remain available until expended."

#### National Health Museum

Pub. L. 105–78, title VII, Nov. 13, 1997, 111 Stat. 1524, known as the National Health Museum Development Act, which provided that the National Health Museum would be located on or near the Mall and established the National Health Museum Commission and its duties, was repealed, except for section 702, by Pub. L. 107–303, title III, §303, Nov. 27, 2002, 116 Stat. 2361. Section 702 of Pub. L. 105–78 amended section 1067 of Pub. L. 103–337, set out as a note under section 176 of Title 10, Armed Forces.

#### West Court of National Museum of Natural History Building

Pub. L. 103–151, Nov. 24, 1993, 107 Stat. 1515, provided that:

#### "SECTION 1. PLANNING, DESIGN, AND CONSTRUCTION OF WEST COURT OF NATIONAL MUSEUM OF NATURAL HISTORY BUILDING.

"The Board of Regents of the Smithsonian Institution is authorized to plan, design, and construct the West Court of the National Museum of Natural History building.

#### "SEC. 2. FUNDING.

"No appropriated funds may be used to pay any expense of the planning, design, and construction authorized by section 1."

#### East Court of National Museum of Natural History Building

Pub. L. 101–455, Oct. 24, 1990, 104 Stat. 1067, as amended by Pub. L. 103–98, §1(a), Oct. 6, 1993, 107 Stat. 1015, provided that:

#### "SECTION 1. ADDITIONAL SPACE IN NATIONAL MUSEUM OF NATURAL HISTORY.

"The Board of Regents of the Smithsonian Institution is authorized to plan, design, construct, and equip approximately 80,000 square feet of space in the East Court of the National Museum of Natural History building.

#### "SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

"There is authorized to be appropriated to the Smithsonian Institution for fiscal year 1991 and succeeding fiscal years not to exceed $30,000,000 to carry out this Act."

[Section 1(b) of Pub. L. 103–98 provided that: "The amendment made by subsection (a) [amending section 2 of Pub. L. 101–455, set out above] shall take effect as of October 24, 1990."]

#### Charles McC. Mathias, Jr. Laboratory for Environmental Research

Pub. L. 111–11, title XV, §15101, Mar. 30, 2009, 123 Stat. 1456, provided that:

"(a) Authority To Design and Construct.—The Board of Regents of the Smithsonian Institution is authorized to design and construct laboratory and support space to accommodate the Mathias Laboratory at the Smithsonian Environmental Research Center in Edgewater, Maryland.

"(b) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section a total of $41,000,000 for fiscal years 2009 through 2011. Such sums shall remain available until expended."

Pub. L. 99–617, §1, Nov. 6, 1986, 100 Stat. 3488, provided that:

"(a) Construction Authorization.—The Board of Regents of the Smithsonian Institution is authorized to construct the Charles McC. Mathias, Jr. Laboratory for Environmental Research.

"(b) Location.—The Charles McC. Mathias, Jr. Laboratory for Environmental Research shall be located at the Smithsonian Environmental Research Center, a bureau of the Smithsonian Institution, located at Edgewater, Maryland.

"(c) Authorization of Appropriations.—Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $1,000,000 to carry out the purposes of this section.

"(d) Transfer of Funds.—Any portion of the sums appropriated to carry out the purposes of this section may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes."

#### Smithsonian Astrophysical Observatory and Smithsonian Tropical Research Institute; Authorization of Construction and Appropriations

Pub. L. 99–423, Sept. 30, 1986, 100 Stat. 963, provided: "That the Board of Regents of the Smithsonian Institution is authorized to plan and construct facilities for the Smithsonian Astrophysical Observatory and the Smithsonian Tropical Research Institute.

"Sec. 2. Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution:

"(a) $4,500,000 for the Smithsonian Astrophysical Observatory; and

"(b) $11,100,000 for the Smithsonian Tropical Research Institute.

"Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes."

#### Fred Lawrence Whipple Observatory; Purchase of Land

Pub. L. 98–73, Aug. 11, 1983, 97 Stat. 406, provided: "That the Smithsonian Institution is authorized to purchase land in Santa Cruz County, Arizona, for the permanent headquarters of the Fred Lawrence Whipple Observatory.

"Sec. 2. Effective October 1, 1984, there is authorized to be appropriated $150,000 to carry out the purposes of this Act."

#### Construction of National Museum of African Art, Center for Eastern Art, and Structures for Related Educational Facilities

Pub. L. 97–203, June 24, 1982, 96 Stat. 129, provided: "That the Board of Regents of the Smithsonian Institution is authorized to construct a building for the National Museum of African Art and a center for Eastern art together with structures for related educational activities in the area south of the original Smithsonian Institution Building adjacent to Independence Avenue at Tenth Street Southwest, in the city of Washington.

"Sec. 2. Effective October 1, 1982, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $36,500,000 to carry out the purposes of this Act [this note]. Except for funds obligated or expended for planning, administration, and management expenses, and architectural or other consulting services, no funds appropriated pursuant to this section shall be obligated or expended until such time as there is available to such Board, from private donations or from other non-Federal sources, a sum which, when combined with the funds so appropriated, is sufficient to carry out the purposes of this Act.

"Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act [this note] may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes."

#### Smithsonian Institution; Development of Property Adjacent to Original Building

Pub. L. 96–36, July 20, 1979, 93 Stat. 94, provided: "That the Board of Regents of the Smithsonian Institution is authorized to plan for the development of the area south of the original Smithsonian Institution Building adjacent to Independence Avenue at Tenth Street, Southwest, in the city of Washington.

"Sec. 2. Effective October 1, 1979, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $500,000 to carry out the purposes of this Act.

"Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes."

#### Smithsonian Institution Plans for and Construction of Museum Support Facilities; Approval of Plans and Specifications; Situs; Transfer of Land; Appropriations; Contracts by General Services Administration

Pub. L. 111–11, title XV, §15103, Mar. 30, 2009, 123 Stat. 1456, provided that:

"(a) In General.—The Board of Regents of the Smithsonian Institution is authorized to construct a greenhouse facility at its museum support facility in Suitland, Maryland, to maintain the horticultural operations of, and preserve the orchid collection held in trust by, the Smithsonian Institution.

"(b) Authorization of Appropriations.—There is authorized to be appropriated $12,000,000 to carry out this section. Such sums shall remain available until expended."

Pub. L. 94–98, Sept. 19, 1975, 89 Stat. 480, as amended by Pub. L. 95–569, Nov. 2, 1978, 92 Stat. 2444; Pub. L. 108–72, §2, Aug. 15, 2003, 117 Stat. 888, provided that: "The Regents of the Smithsonian Institution are authorized to prepare plans for, and to construct, museum support facilities to be used for (1) the care, curation, conservation, deposit, preparation, and study of the national collections of scientific, historic, and artistic objects, specimens, and artifacts; (2) the related documentation of such collections of the Smithsonian Institution; and (3) the training of museum conservators. No appropriation shall be made to construct the facilities authorized by this Act until the Committee on Public Works and Transportation of the House of Representatives and the Committee on Rules and Administration of the Senate, by resolution approve the final plans and specifications of such facilities.

"Sec. 2. The museum support facilities referred to in section 1 shall be located on federally owned land within the metropolitan area of Washington, District of Columbia. Any Federal agency is authorized to transfer land under its jurisdiction to the Smithsonian Institution for such purposes without reimbursement.

"Sec. 3. There is authorized to be appropriated to the Smithsonian Institution $21,500,000 to carry out this Act (other than section 4). Any portion of the sums appropriated for such purposes may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.

"Sec. 4. Additional space and resources for national collections held by the Smithsonian Institution.

"(a) In General.—The Board of Regents of the Smithsonian Institution may plan, design, construct, and equip additional special use storage and laboratory space at the museum support facility of the Smithsonian Institution in Suitland, Maryland, to accommodate the care, preservation, conservation, deposit, and study of national collections held in trust by the Institution.

"(b) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section—

"(1) $2,000,000 for fiscal year 2003;

"(2) $10,000,000 for fiscal year 2004; and

"(3) such sums as are necessary for each of fiscal years 2005 through 2008."

[Amendment of section 3 by Pub. L. 95–569 effective Oct. 1, 1979.]

#### National Museum

The National Museum was not created by any express statutory provision for that purpose. It was first mentioned in an appropriation for postage for "the National Museum in the Smithsonian Institution," contained in act June 20, 1874, ch. 328, §1, 18 Stat. 103. An appropriation for a building for the use of the National Museum was made by act Mar. 3, 1879, ch. 182, §1, 20 Stat. 397, and annual appropriations have continuously been made for expenses of heating, etc., such building.

#### National Museum Exhibit

Res. Feb. 28, 1922, ch. 86, 42 Stat. 399, authorized Secretary of State to transfer to custody of Secretary of Institution for safekeeping and exhibition in National Museum the sword of George Washington and the staff of Benjamin Franklin, presented by Samuel T. Washington, and the sword of Andrew Jackson, presented by family of General Robert Armstrong.

#### Transportation of Property

Quartermaster-General and his officers were required to receive and transport property for National Museum by a provision of act July 5, 1884, ch. 217, 23 Stat. 107.