Jamestown 400th Anniversary Commemorative Coin Act of 2004
PL 108-289 (H.R.1914), enacted 08/06/2004

118 STAT. 1017
PUBLIC LAW 108–289—AUG. 6, 2004
Public Law 108–289
108th Congress
An Act
To provide for the issuance of a coin to commemorate the 400th anniversary of
the Jamestown settlement.
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 ‘‘Jamestown 400th Anniversary
Commemorative Coin Act of 2004’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The founding of the colony at Jamestown, Virginia,
in 1607, the first permanent English colony in America, and
the capital of Virginia for 92 years, has major significance
in the history of the United States.
(2) The Jamestown Settlement brought people from
throughout the Atlantic Basin together to form a society that
drew upon the strengths and characteristics of English, Euro-
pean, African, and Native American cultures.
(3) The economic, political, religious, and social institutions
that developed during the first 9 decades of the existence of
Jamestown continue to have profound effects on the United
States, particularly in English common law and language, cross
cultural relationships, manufacturing, and economic structure
and status.
(4) The National Park Service, the Association for the
Preservation of Virginia Antiquities, and the Jamestown-York-
town Foundation of the Commonwealth of Virginia collectively
own and operate significant resources related to the early his-
tory of Jamestown.
(5) In 2000, Congress established the Jamestown 400th
Commemoration Commission to ensure a suitable national
observance of the Jamestown 2007 anniversary and to support
and facilitate marketing efforts for a commemorative coin,
stamp, and related activities for the Jamestown 2007 observ-
ances.
(6) A commemorative coin will bring national and inter-
national attention to the lasting legacy of Jamestown, Virginia.
(7) The proceeds from a surcharge on the sale of such
commemorative coin will assist the financing of a suitable
national observance in 2007 of the 400th anniversary of the
founding of Jamestown, Virginia.
Jamestown 400th
Anniversary
Commemorative
Coin Act of 2004.
31 USC 5112
note.
Aug. 6, 2004
[H.R. 1914]
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118 STAT. 1018
PUBLIC LAW 108–289—AUG. 6, 2004
SEC. 2. COIN SPECIFICATIONS.
(a) DENOMINATIONS.—The Secretary of the Treasury (hereafter
in this Act referred to as the ‘‘Secretary’’) shall mint and issue
the following coins:
(1) $5 GOLD COINS.—Not more than 100,000 5 dollar coins,
which shall—
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 SILVER COINS.—Not more than 500,000 1 dollar coins,
which shall—
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) 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.
(c) NUMISMATIC ITEMS.—For purposes of sections 5134 and
5136 of title 31, United States Code, all coins minted under this
Act shall be considered to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain gold and silver for minting coins
under this Act pursuant to the authority of the Secretary under
other provisions of law.
SEC. 4. DESIGN OF COINS.
(a) DESIGN REQUIREMENTS.—
(1) IN GENERAL.—The design of the coins minted under
this Act shall be emblematic of the settlement of Jamestown,
Virginia, the first permanent English settlement in America.
(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 ‘‘2007’’; 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—
(A) the Jamestown 2007 Steering Committee, created
by the Jamestown-Yorktown Foundation of the Common-
wealth of Virginia;
(B) the National Park Service; and
(C) the Commission of Fine Arts; and
(2) reviewed by the citizens advisory committee established
under section 5135 of title 31, United States Code.
SEC. 5. ISSUANCE OF COINS.
(a) QUALITY
OF COINS.—Coins minted under this Act shall
be issued in uncirculated and proof qualities.
(b) MINT FACILITY.—Only 1 facility of the United States Mint
may be used to strike any particular combination of denomination
and quality of the coins minted under this Act.
(c) PERIOD
FOR ISSUANCE.—The Secretary may issue coins
minted under this Act only during the period beginning on January
1, 2007, and ending on December 31, 2007.
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118 STAT. 1019
PUBLIC LAW 108–289—AUG. 6, 2004
SEC. 6. SALE OF COINS.
(a) SALE PRICE.—Notwithstanding any other provision of law,
the coins issued under this Act shall be sold by the Secretary
at a price equal to the face value, plus the cost of designing
and issuing such coins (including labor, materials, dies, use of
machinery, overhead expenses, and marketing).
(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.
SEC. 7. SURCHARGES.
(a) SURCHARGE REQUIRED.—All sales shall include a surcharge
of $35 per coin for the $5 coins and $10 per coin for the $1
coins.
(b) DISTRIBUTION.—Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary
from the sale of coins issued under this Act shall be promptly
paid by the Secretary as follows:
(1) PROGRAMS TO PROMOTE UNDERSTANDING OF THE LEG-
ACIES OF JAMESTOWN.—1⁄2 of the surcharges shall be used to
support programs to promote the understanding of the legacies
of Jamestown and for such purpose shall be paid to the James-
town-Yorktown Foundation of the Commonwealth of Virginia.
(2) OTHER PURPOSES FOR SURCHARGES.—
(A) IN GENERAL.—1⁄2 of the surcharges shall be used
for the following purposes:
(i) To sustain the ongoing mission of preserving
Jamestown.
(ii) To enhance national and international edu-
cational programs relating to Jamestown, Virginia.
(iii) To improve infrastructure and archaeological
research activities relating to Jamestown, Virginia.
(iv) To conduct other programs to support the
commemoration of the 400th anniversary of the settle-
ment of Jamestown, Virginia.
(B) RECIPIENTS OF SURCHARGES FOR SUCH OTHER PUR-
POSES.—The surcharges referred to in subparagraph (A)
shall be distributed by the Secretary in equal shares to
the following organizations for the purposes described in
such subparagraph:
(i) The Secretary of the Interior.
(ii) The Association for the Preservation of Virginia
Antiquities.
(iii) The Jamestown-Yorktown Foundation of the
Commonwealth of Virginia.
(c) AUDITS.—The Jamestown-Yorktown Foundation of the
Commonwealth of Virginia, the Secretary of the Interior, and the
Association for the Preservation of Virginia Antiquities shall each
be subject to the audit requirements of section 5134(f)(2) of title
31, United States Code.
(d) LIMITATION.—Notwithstanding subsection (a), no surcharge
may be included with respect to the issuance under this Act of
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118 STAT. 1020
PUBLIC LAW 108–289—AUG. 6, 2004
LEGISLATIVE HISTORY—H.R. 1914:
HOUSE REPORTS: No. 108–472, Pt. 1 (Comm. on Financial Services) and Pt. 2
(Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 14, considered and passed House.
July 20, considered and passed Senate.
any coin during a calendar year if, as of the time of such issuance,
the issuance of such coin would result in the number of commemora-
tive coin programs issued during such year to exceed the annual
2 commemorative coin program issuance limitation under section
5112(m)(1) of title 31, United States Code (as in effect on the
date of the enactment of this Act). The Secretary of the Treasury
may issue guidance to carry out this subsection.
Approved August 6, 2004.
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