II 110th CONGRESS 1st Session S. 2498 IN THE SENATE OF THE UNITED STATES December 18, 2007 Mr. Bingaman (for himself and Mr. Domenici) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To authorize the minting of a coin to commemorate the 400th anniversary of the founding of Santa Fe, New Mexico, to occur in 2010.

1.

Short title

This Act may be cited as the Santa Fe 400th Anniversary Commemorative Coin Act of 2007.

2.

Findings

Congress makes the following findings: (1)Santa Fe, New Mexico, the site of native occupation centuries before European incursions, was officially elevated from a plaza established in 1608 to a villa and capital city in 1610. Santa Fe has been the meeting place and home of many cultures. (2)The Palace of the Governors, built in the early 17th century served as the governor’s quarters and the seat of government under 3 flags. It is the oldest continuously used public building in the United States. (3)La Fiesta de Santa Fe, a cultural, religious, and social celebration, commemorating the resettlement of Santa Fe by General Don Diego de Vargas in 1692 continues today as an attraction for tourists and locals alike. (4)At the nexus of 3 historically important trails, Santa Fe brought people and goods together over the Santa Fe Trail to and from Missouri, California, and Mexico City. (5)Commerce on the Santa Fe Trail brought a much needed boost to the economy of the American West during the recession of the early 19th century. Santa Fe was the rendezvous place for traders, mountain men and forty-niners on route to California, and is today home to a multicultural citizenry and world class art market. (6)The Santa Fe area is a center of market activity for arts and culture year round, culminating in the world renowned Indian Market, Spanish Colonial Art Market, and International Folk Art Market. (7)New Mexico is the home to the oldest and continuously inhabited indigenous communities in North America. Native communities now residing in New Mexico include— (A)Acoma Pueblo; (B)Alamo Navajo Chapter; (C)Canoncito Navajo Chapter; (D)Cochiti Pueblo; (E)Isleta Pueblo; (F)Jemez Pueblo; (G)Jicarilla Apache Tribe; (H)Laguna Pueblo; (I)Mescalero Apache Tribe; (J)Nambe Pueblo; (K)Picuris Pueblo; (L)Pojoaque Pueblo; (M)Ramah Navaho Chapter; (N)San Felipe Pueblo; (O)San Ildefonso Pueblo; (P)San Juan Pueblo; (Q)Sandia Pueblo; (R)Santa Ana Pueblo; (S)Santa Clara Pueblo; (T)Santo Domingo Pueblo; (U)Taos Pueblo; (V)Tesuque Pueblo; (W)Zia Pueblo; (X)Zuni Pueblo; and (Y)many others that disappeared or were moved after European contact. (8)The Pueblo Revolt of 1680 is known to be one of the first American Revolutions when the Pueblo people ousted Spanish colonists from New Mexico. (9)The Santa Fe area has long attracted tourists, artists, and writers. The classic novel Ben Hur was written, in part, by then Governor Lew Wallace, in the Palace of the Governors. (10)A commemorative coin will help to foster an understanding and appreciation of New Mexico, its history and culture and the importance of Santa Fe and New Mexico to the history of the United States and the world.

3.

Coin specifications

(a)

$5 gold coins

The Secretary of the Treasury (in this Act referred to as the Secretary) shall issue not more than 100,000 $5 coins, which shall— (1)weigh 8.359 grams; (2)have a diameter of 0.850 inches; and (3)contain 90 percent gold and 10 percent alloy. (b)

$1 silver coins

The Secretary shall issue not more than 500,000 $1 coins, 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. (c)

Legal Tender

The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d)

Numismatic Items

For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (e)

Sources of Bullion

(1)

Gold

The Secretary shall obtain gold for minting coins under this Act from domestic sources, and pursuant to the authority of the Secretary under section 5116 of title 31, United States Code. (2)

Silver

The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.).

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 Santa Fe, New Mexico, the oldest capital city in the United States. (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 2010; and (C)inscriptions of the words Liberty, In God We Trust (on the face of the coin), United States of America, and E Pluribus Unum. (b)

Design Selection

Subject to subsection (a), the design for the coins minted under this Act shall be selected by the Secretary, and shall be reviewed by the Citizens Commemorative Coin Advisory Committee.

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 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, 2010, and ending on December 31, 2010.

6.

Sale of coins

(a)

Sale Price

The coins minted 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 provided in subsection (c) 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)

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. (c)

Bulk Sales

The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (d)

Surcharge

All sales of coins minted under this Act shall include a surcharge of— (1)$35 per coin for the $5 coin; and (2)$10 per coin for the $1 coin.

7.

General waiver of procurement regulations

(a)

In General

Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b)

Equal Employment Opportunity

Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity.

8.

Distribution of surcharges

(a)

Recipients

(1)

In general

All surcharges received by the Secretary from the sale of coins minted under this Act shall be promptly paid by the Secretary to the recipients listed under paragraphs (2) and (3). (2)

Santa Fe 400th Anniversary Committee

The Secretary shall distribute 50 percent of the surcharges described under paragraph (1) to the Santa Fe 400th Anniversary Committee, Inc., to support programs to promote the understanding of the legacies of Santa Fe. (3)

Other recipients

The Secretary shall distribute 50 percent of the surcharges described under paragraph (1) to the Secretary of the Department of the Interior, for the purposes of— (A)sustaining the ongoing mission of preserving Santa Fe; (B)enhancing the national and international educational programs; (C)improving infrastructure and archaeological research activities; and (D)conducting other programs to support the commemoration of the 400th anniversary of Santa Fe. (b)

Audits

The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the entities specified in subsection (a), as may be related to the expenditure of amounts distributed under subsection (a).

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. (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.