Title 20, EducationRelease 119-110

§80q–3 Board of Trustees of National Museum of the American Indian

Title 20 › CHAPTER 3 — SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES › SUBCHAPTER XIII — NATIONAL MUSEUM OF THE AMERICAN INDIAN › § 80q–3

Last updated Sep 23, 2026|Official source

Summary

A Board of Trustees will run the National Museum of the American Indian and must handle its budgets, operations, upkeep, and collections. The Board must recommend the museum’s annual operating budget to the Board of Regents, advise the Regents on running and preserving the museum, write its own bylaws, pick a chair and other officers, and report each year about the museum’s acquisitions, sales, loans, and displays of Native American objects. Under the Regents’ general policies, the Board alone can lend, trade, sell, buy, accept, or borrow items for the collection and must use sale proceeds to add to the collection or the museum’s endowment. The Board also sets rules for how the collections are used, oversees restoration and preservation, raises funds and decides how to spend them, and approves spending from the endowment. At first, the Board will have 25 members: the Secretary of the Smithsonian, one Assistant Secretary chosen by the Regents, 8 people appointed by the Regents, and 15 people appointed by the Regents from nominees of the Heye Museum trustees. At least 7 of the 23 appointed members must be Indians. The Assistant Secretary serves at the Regents’ pleasure; the other appointees serve 3-year terms starting when Heye assets transfer. Vacancies are filled only for the rest of the term. After those initial terms end, the Board will have the Secretary, a senior Smithsonian official appointed by the Regents, and 23 people appointed by the Regents from nominees of the Board of Trustees, with at least 12 of those 23 being Indians. Most members serve 3-year terms, but the first group of appointees will be staggered so some serve 1 or 2 years. A majority of members then in office is needed for a quorum. Board members may receive per diem and travel pay while doing their duties.

Full Legal Text

Title 20, §80q–3

Education, Source: USLM XML via OLRC

(a)In general
The National Museum shall be under a Board of Trustees with the duties, powers, and authority specified in this section.
(b)General duties and powers
The Board of Trustees shall—
(1)recommend annual operating budgets for the National Museum to the Board of Regents;
(2)advise and assist the Board of Regents on all matters relating to the administration, operation, maintenance, and preservation of the National Museum;
(3)adopt bylaws for the Board of Trustees;
(4)designate a chairman and other officers from among the members of the Board of trustees; and
(5)report annually to the Board of Regents on the acquisition, disposition, and display of Native American objects and artifacts and on other appropriate matters.
(c)Sole authority
Subject to the general policies of the Board of Regents, the Board of Trustees shall have the sole authority to—
(1)lend, exchange, sell, or otherwise dispose of any part of the collections of the National Museum, with the proceeds of such transactions to be used for additions to the collections of the National Museum or additions to the endowment of the National Museum, as the case may be;
(2)purchase, accept, borrow, or otherwise acquire artifacts and other objects for addition to the collections of the Natural Museum; and
(3)specify criteria for use of the collections of the National Museum for appropriate purposes, including research, evaluation, education, and method of display.
(d)Authority
Subject to the general policies of the Board of Regents, the Board of Trustees shall have authority to—
(1)provide for restoration, preservation, and maintenance of the collections of the National Museum;
(2)solicit funds for the National Museum and determine the purposes to which such funds shall be applied; and
(3)approve expenditures from the endowment of the National Museum for any purpose of the Museum.
(e)Initial appointments to Board of Trustees
(1)Membership
The initial membership of the Board of Trustees shall consist of— (A)
(B)an Assistant Secretary of the Smithsonian Institution appointed by the Board of Regents;
(C)8 individuals appointed by the Board of Regents; and
(D)15 individuals, each of whom shall be a member of the board of trustees of the Heye Museum, appointed by the Board of Regents from a list of nominees recommended by the board of trustees of the Heye Museum.
(2)Special rule
At least 7 of the 23 members appointed under subparagraphs (C) and (D) of paragraph (1) shall be Indians.
(3)Terms
The trustee appointed under paragraph (1)(B) shall serve at the pleasure of the Board of Regents. The terms of the trustees appointed under subparagraph (C) or (D) of paragraph (1) shall be 3 years, beginning on the date of the transfer of the Heye Foundation assets to the Smithsonian Institution.
(4)Vacancies
Any vacancy shall be filled only for the remainder of the term involved. Any vacancy appointment under paragraph (1)(D) shall not be subject to the source and recommendation requirements of that paragraph, but shall be subject to paragraph (2).
(f)Subsequent appointments to Board of Trustees
(1)Membership
Upon the expiration of the terms under subsection (e), the Board of Trustees shall consist of— (A)
(B)a senior official of the Smithsonian Institution appointed by the Board of Regents; and
(C)23 individuals appointed by the Board of Regents from a list of nominees recommended by the Board of Trustees.
(2)Special rule
A least 12 of the 23 members appointed under paragraph (1)(C) shall be Indians.
(3)Terms
The trustee appointed under paragraph (1)(B) shall serve at the pleasure of the Board of Regents. Except as otherwise provided in the next sentence, the terms of members appointed under paragraph (1)(C) shall be 3 years. Of the members first appointed under paragraph (1)(C)—
(A)7 members, 4 of whom shall be Indians, shall be appointed for a term of one year, as designated at the time of appointment; and
(B)8 members, 4 of whom shall be Indians, shall be appointed for a term of 2 years, as designated at the time of appointment.
(4)Vacancies
Any vacancy shall be filled only for the remainder of the term involved.
(g)Quorum
A majority of the members of the Board of Trustees then in office shall constitute a quorum.
(h)Expenses
Members of the Board shall be entitled (to the same extent as provided in section 5703 of title 5 with respect to employees serving intermittently in the Government service) to per diem, travel, and transportation expenses for each day (including travel time) during which they are engaged in the performance of their duties.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (f)(1)(B). Pub. L. 104–278 substituted “a senior official” for “an Assistant Secretary”.

Reference

Citations & Metadata

Citation

20 U.S.C. § 80q–3

Title 20, Education

Last Updated

Sep 23, 2026

Release point: 119-110