H. R. 4259
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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 Ameri-
cans 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.
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(8) Thousands of Americans, including many American
Indians, came from all over the Nation to witness the ground-
breaking 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 commemora-
tive 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 out-
reach 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 rep-
resentation 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.
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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 Con-
gress that the United States Mint facility in Denver, Colorado
should strike the coins authorized by this Act, unless the Sec-
retary 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.
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(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.