PUBLIC LAW 106–375—OCT. 27, 2000 114 STAT. 1435

Public Law 106–375

106th Congress

An Act

To require the Secretary of the Treasury to mint coins in commemoration of the

National Museum of the American Indian of the Smithsonian Institution, and

for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Museum of the American

Indian Commemorative Coin Act of 2000’’, or the ‘‘American Buffalo

Coin Commemorative Coin Act of 2000’’.

SEC. 2. FINDINGS.

Congress finds the following:

(1) The Smithsonian Institution was established in 1846,

with funds bequeathed to the United States by James Smithson

for the ‘‘increase and diffusion of knowledge’’.

(2) Once established, the Smithsonian Institution became

an important part of the process of developing the United

States national identity, an ongoing role which continues today.

(3) The Smithsonian Institution, which is now the world’s

largest museum complex, including 16 museums, 4 research

centers, and the National Zoo, is visited by millions of Americans and people from all over the world each year.

(4) The National Museum of the American Indian of the

Smithsonian Institution (hereafter referred to in this section

as the ‘‘NMAI’’) was established by an Act of Congress in

1989, in Public Law 101–185.

(5) The purpose of the NMAI, as established by Congress,

is to—

(A) advance the study of Native Americans, including

the study of language, literature, history, art, anthropology,

and life;

(B) collect, preserve, and exhibit Native American

objects of artistic, historical, literary, anthropological, and

scientific interest; and

(C) provide for Native American research and study

programs.

(6) The NMAI works in cooperation with Native Americans

and oversees a collection that spans more than 10,000 years

of American history.

(7) It is fitting that the NMAI will be located in a place

of honor near the United States Capitol, and on the National

Mall.

31 USC 5112

note.

National

Museum of the

American Indian

Commemorative

Coin Act of 2000.

Oct. 27, 2000

[H.R. 4259]

114 STAT. 1436 PUBLIC LAW 106–375—OCT. 27, 2000

(8) Thousands of Americans, including many American

Indians, came from all over the Nation to witness the groundbreaking ceremony for the NMAI on September 28, 1999.

(9) The NMAI is scheduled to open in the summer of

2002.

(10) The original 5-cent buffalo nickel, as designed by

James Earle Fraser and minted from 1913 through 1938, which

portrays a profile representation of a Native American on the

obverse side and a representation of an American buffalo on

the reverse side, is a distinctive and appropriate model for

a coin to commemorate the NMAI.

(11) The surcharge proceeds from the sale of a commemorative coin, which would have no net cost to the taxpayers,

would raise valuable funding for the opening of the NMAI

and help to supplement the endowment and educational outreach funds of the NMAI.

SEC. 3. COIN SPECIFICATIONS.

(a) $1 SILVER COINS.—In commemoration of the opening of

the Museum of the American Indian of the Smithsonian Institution,

the Secretary of the Treasury (hereafter in this Act referred to

as the ‘‘Secretary’’) shall mint and issue not more than 500,000

$1 coins, each of which shall—

(1) weigh 26.73 grams;

(2) have a diameter of 1.500 inches; and

(3) contain 90 percent silver and 10 percent copper.

(b) LEGAL TENDER.—The coins minted under this Act shall

be legal tender, as provided in section 5103 of title 31, United

States Code.

SEC. 4. SOURCES OF BULLION.

The Secretary may obtain silver for minting coins under this

Act from any available source, including stockpiles established

under the Strategic and Critical Materials Stock Piling Act.

SEC. 5. DESIGN OF COINS.

(a) DESIGN REQUIREMENTS.—

(1) IN GENERAL.—The design of the $1 coins minted under

this Act shall be based on the original 5-cent buffalo nickel

designed by James Earle Fraser and minted from 1913 through

1938. Each coin shall have on the obverse side a profile representation of a Native American, and on the reverse side,

a representation of an American buffalo (also known as a

bison).

(2) DESIGNATION AND INSCRIPTIONS.—On each coin minted

under this Act there shall be—

(A) a designation of the value of the coin;

(B) an inscription of the year ‘‘2001’’; and

(C) inscriptions of the words ‘‘Liberty’’, ‘‘In God We

Trust’’, ‘‘United States of America’’, and ‘‘E Pluribus

Unum’’.

(b) SELECTION.—The design for the coins minted under this

Act shall be—

(1) selected by the Secretary, after consultation with the

Commission of Fine Arts; and

(2) reviewed by the Citizens Commemorative Coin Advisory

Committee.

PUBLIC LAW 106–375—OCT. 27, 2000 114 STAT. 1437

SEC. 6. ISSUANCE OF COINS.

(a) QUALITY OF COINS.—Coins minted under this Act shall

be issued in uncirculated and proof qualities.

(b) MINT FACILITY.— (1) IN GENERAL.—Only one facility of the United States

Mint may be used to strike any particular quality of the coins

minted under this Act.

(2) SENSE OF THE CONGRESS.—It is the sense of the Congress that the United States Mint facility in Denver, Colorado

should strike the coins authorized by this Act, unless the Secretary determines that such action would be technically or

cost-prohibitive.

(c) COMMENCEMENT OF ISSUANCE.—The Secretary may issue

coins minted under this Act beginning on January 1, 2001.

(d) TERMINATION OF MINTING.—No coins may be minted under

this Act after December 31, 2001.

SEC. 7. SALE OF COINS.

(a) SALE PRICE.—The coins issued under this Act shall be

sold by the Secretary at a price equal to the sum of—

(1) the face value of the coins;

(2) the surcharge required by subsection (d) with respect

to such coins; and

(3) the cost of designing and issuing the coins (including

labor, materials, dies, use of machinery, overhead expenses,

marketing, and shipping).

(b) BULK SALES.—The Secretary shall make bulk sales of the

coins issued under this Act at a reasonable discount.

(c) PREPAID ORDERS.— (1) IN GENERAL.—The Secretary shall accept prepaid orders

for the coins minted under this Act before the issuance of

such coins.

(2) DISCOUNT.—Sale prices with respect to prepaid orders

under paragraph (1) shall be at a reasonable discount.

(d) SURCHARGES.—All sales of coins minted under this Act

shall include a surcharge of $10 per coin.

SEC. 8. DISTRIBUTION OF SURCHARGES.

(a) IN GENERAL.—Subject to section 5134(f ) of title 31, United

States Code, the proceeds from the surcharges received by the

Secretary from the sale of coins issued under this Act shall be

paid promptly by the Secretary to the National Museum of the

American Indian of the Smithsonian Institution for the purposes

of—

(1) commemorating the opening of the National Museum

of the American Indian; and

(2) supplementing the endowment and educational outreach

funds of the Museum of the American Indian.

(b) AUDITS.—The National Museum of the American Indian

shall be subject to the audit requirements of section 5134(f )(2)

of title 31, United States Code, with regard to the amounts received

by the museum under subsection (a).

SEC. 9. FINANCIAL ASSURANCES.

(a) NO NET COST TO THE GOVERNMENT.—The Secretary shall

take such actions as may be necessary to ensure that minting

and issuing coins under this Act will not result in any net cost

to the United States Government.

114 STAT. 1438 PUBLIC LAW 106–375—OCT. 27, 2000

LEGISLATIVE HISTORY—H.R. 4259:

CONGRESSIONAL RECORD, Vol. 146 (2000):

Sept. 26, considered and passed House.

Oct. 11, considered and passed Senate.

Æ

(b) PAYMENT FOR COINS.—A coin shall not be issued under

this Act unless the Secretary has received—

(1) full payment for the coin;

(2) security satisfactory to the Secretary to indemnify the

United States for full payment; or

(3) a guarantee of full payment satisfactory to the Secretary

from a depository institution, the deposits of which are insured

by the Federal Deposit Insurance Corporation or the National

Credit Union Administration Board.

Approved October 27, 2000.