[Congressional Record (Bound Edition), Volume 146 (2000), Part 13]
[House]
[Pages 19561-19564]
[From the U.S. Government Publishing Office, www.gpo.gov]



 NATIONAL MUSEUM OF THE AMERICAN INDIAN COMMEMORATIVE COIN ACT OF 2000

  Mr. LEACH. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4259) 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.
  The Clerk read as follows:

                               H.R. 4259

       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.
       (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 
     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.

[[Page 19562]]



     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.

     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 1 facility of the United States Mint 
     may be used to strike any particular quality of the coins 
     minted under this Act.
       (2) Sense of 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.
       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Iowa (Mr. Leach) and the gentleman from New York (Mr. LaFalce) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Iowa (Mr. Leach).


                             General Leave

  Mr. LEACH. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H.R. 4259.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Iowa?
  There was no objection.
  Mr. LEACH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the coin authorized by this act will commemorate the 
opening of a museum that is long overdue, the Smithsonian's new 
National Museum of the American Indian, under construction just a few 
blocks away, between the Air and Space Museum and the Capitol Building.
  The museum will hold as remarkable a collection of items from this 
country's and this hemisphere's past as exists. It will be the last 
museum the Smithsonian, the world's largest museum complex, will build 
on the National Mall and the third physical installation of a truly 
stunning personal collection of Native American artifacts now donated 
to the Smithsonian.
  The five floors of the museum will be the storehouse of a vast 
collection of Native American artifacts, items from Canada and Central 
and South America, as well as the United States, many of which were 
collected by a New York tycoon named George Gustav Heye.
  Mr. Heye, in nearly half a century of voracious collecting ending 
with his death in 1957, amassed nearly 800,000 individual Native 
American items and another 86,000 photographic images.
  The items span nearly 10,000 years. Mr. Speaker, the museum was 
established by an act of Congress in 1989 with the goal of advancing 
the study of Native Americans, including language, literature, history, 
art, anthropology and life and of collecting, preserving and exhibiting 
Native American objects of artistic, historic, literary, 
anthropological and scientific interests. Ground for the museum was 
broken a year ago, and the building is scheduled to open 2 years from 
now. The $110 million museum on 4 acres will be faced with Kasota 
limestone from Minnesota, applied to evoke cliffs, and will include a 
large copper dome designed to capture the light of the winter and the 
summer solstices.
  While the Congress appropriated two-thirds of the costs for the 
museum and while the museum has received major grants to cover 
construction, Native Americans are also contributing to its financing.
  Gannett News reported in March that a Native American woman who ran a 
fried bread stand sent a few dollars, and 400 students at the Native 
American Magnet School in Buffalo, New York, ran a can-collecting drive 
and sent in several hundred dollars.
  The museum already has two locations, the George Gustav Heye Center 
in lower Manhattan opened in 1994, exhibiting a number of items from 
Mr. Heye's collection and a large cultural resources center in 
Suitland, Maryland, opened 2 years ago.
  In the latter, in addition to a library and conservation center, the 
collection can be stored, studied and used by Native American scholars.
  Mr. Speaker, it is anticipated that this new National Museum of the 
American Indian will draw 5 million to 7 million visitors a year. The 
coin authorized in this legislation will be magnificent, a silver 
representation of one of the most-collected and best-loved coins in 
American history.
  The design is a replica of the so-called buffalo nickel. Collectors 
tell me that the design, depicting on its face an Indian Head and on 
its reverse the West's greatest beast, is so treasured that this 
commemorative coin is likely to be extremely popular with the 
numismatic community as well as with that part of the American public 
interested in American history.
  Mr. Speaker, the legislation which authorizes the minting of up to 
500,000 1-dollar silver coins, was introduced by the gentleman from 
Oklahoma (Mr. Lucas), whose leadership on cultural issues of this 
nature is so impressive.
  In the Senate, similar legislation was introduced by Ben Nighthorse 
Campbell; and it is important to note that

[[Page 19563]]

Senator Campbell, among his many other talents, is a well-known 
silversmith and his fine artistic eye has identified the buffalo nickel 
designed as an appropriate one to be struck this time in silver in 
contrast with the bass metal of the original coin.
  Mr. Speaker, the original buffalo nickel was struck from 1913 to 1938 
and is the third of the four designs the mint used to make nickels in 
the history of this country. Impetus for the coin grew out of Theodore 
Roosevelt's observations that the country's coinage had hither to be 
less than heroic and not even very good art, and a conversation he had 
over dinner in 1905 with the noted sculptor Augustus Saint-Gaudens.
  In fact, though Roosevelt had left office by the time the design was 
chosen, Treasury Secretary Franklin MacVeagh, a Roosevelt appointee, 
pursued the effort vigorously and in 1911 chose a former Saint-Gaudens 
assistant, James Earle Fraser, to design the new nickel. Fraser is 
probably best known for his large End of the Trail sculpture of Native 
Americans, but also sculpted some figures for the United States Supreme 
Court building.
  Until that point, Native Americans portrayed on U.S. coinage had 
primarily been engraved from Caucasian models wearing headdresses but 
letters Fraser wrote in 1931 indicated he used Native Americans as 
models.
  The model for the bison, or buffalo, is the notorious black diamond, 
a somewhat cantankerous inhabitant of a New York City zoo, whose coat 
was unusually dark, even for a buffalo, and who weighed more than 1,500 
pounds in his prime.
  Roughly 1.2 billion buffalo nickels were struck at three United 
States Mints during the life of the coin, a reflection of the size of 
the country and the economy at that point. By comparison, more than 1.2 
billion copies are struck of each State coin in the 50 State Quarter 
program enacted by Congress last year.
  Mr. Speaker, there will be no net costs to the taxpayer from this 
legislation. All production and design costs will be covered before any 
surcharges are paid out. Surcharges from the coin's sale will then go 
to supplement the museum's endowment and educational outreach programs.
  Mr. Speaker, I urge support of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LaFALCE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 4259, the National Museum of 
the American Indian Commemorative Coin Act of 2000 or, alternatively, 
according to the bill, the American Buffalo Coin Commemorative Coin Act 
of 2000.
  Mr. Speaker, I have a rather lengthy statement that I will just put 
in the Record, because the gentleman from Iowa (Mr. Leach), our 
distinguished chairman, has just given an outstanding presentation of 
the history of the bill and the history of some of the efforts to 
develop the National Museum of the American Indian.
  I would just point out a number of things. First of all, I am proud 
to be here as a Representative of the 29th District of New York, but 
that also includes the city of Buffalo, New York, and Niagara Falls, 
New York. And these people could argue about how Buffalo got its name, 
but a good many individuals think it is because of the tremendous 
number of buffalo that existed. And we refer in the bill, too, to 
buffalo, the American buffalo also known as bisons, and that is right 
on page 5 of the bill. And it makes me think of my baseball team, the 
Buffalo Bisons.
  Why am I going into this local history? Well, I will make the 
connection pretty soon. I also represent Niagara Falls, New York. Now, 
Niagara Falls, New York's ownership is in dispute; a lot of the people 
who live there right now think they own the land, but some of the 
people who used to live there, i.e., Indians, think they own that land, 
and it is in litigation right now.
  It is in Federal court; it is an Indian land claim. We also have 
within the city of Niagara Falls one of the wonders of the world. It is 
called Niagara Falls. It attracts more tourists than any national park 
in the entire United States, about twice as many as any other national 
park.
  We also have a huge, wonderful building that looks like a turtle, 
because it was built to be a turtle, exclusively with Federal dollars. 
Way back in the 1970s, $5 million was appropriated to the Tuscarora to 
build a building called the Turtle to house Indian artifacts, to house 
all of those things pertaining to the history of Indians.
  Now, why am I bringing this out? Well, that building happens to be 
abandoned right now and ownership has reverted, but this bill is 
important, not only because it would provide monies for the National 
Museum of the American Indian, in Washington, DC., where we get so many 
visitors per year, but also on page 7, this is why I was pleased to be 
a cosponsor of it, the money shall be used not simply to commemorate 
the opening of the National Museum of the American Indian, but also to 
supplement the endowment on educational outreach funds of the Museum of 
the American Indian under the auspices of the Smithsonian.
  Mr. Speaker, we have close to 300 million people in the United States 
right now and not all of them can come to Washington, DC; they live 
throughout the entire United States of America. I believe we get more 
tourists coming to Niagara Falls, New York, than most any place I am 
aware of, more than any other national park. How wonderful it would be 
if part of the outreach efforts of the Museum of the American Indian, 
how wonderful it would be if an affiliate of the Smithsonian could be 
at the Turtle within Niagara Falls, New York, part of the Buffalo-
Niagara Falls region so that the American Buffalo coin bill could be 
used to reach out to Americans, to help enhance their knowledge of the 
history of the Indian in the United States of America where tourists 
come. That is where we should have our facilities also.
  We get more tourists in Niagara Falls than anyplace else.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Iowa (Mr. Leach).
  Mr. LEACH. Mr. Speaker, let me say to the gentleman from New York 
(Mr. LaFalce) that pork sometimes gives this Congress a bad name, but 
turtles never. But on a more serious note, this coin does have 
implications for outreach education. More profoundly, the duty of the 
Smithsonian is to reach out to all sectors of America, and this 
wondrous collection of artifacts is so large that it would be very 
thoughtful if some of it could be shared in more distant parts of the 
country.
  I think that the gentleman has pointed out one very appropriate place 
that hopefully some of this could be shared, both in terms of 
education, as well as in broader cultural ways as well.
  Certainly, from my perspective, what the gentleman is describing is a 
very common sense, thoughtful initiative.
  Mr. LaFALCE. Mr. Speaker, I thank the gentleman from Iowa (Mr. 
Leach), chairman of the Committee on Banking and Financial Services, 
for that clear-cut articulation of legislative intent.
  Mr. Speaker, I yield back the balance of my time.
  Mr. LEACH. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Oklahoma (Mr. Lucas), the principal sponsor of this 
piece of legislation, someone who has worked harder on it than anyone 
in the Congress and to whom I, as chairman of the Committee on Banking 
and Financial Services, must say I am exceptionally grateful.
  Mr. LUCAS of Oklahoma. Mr. Speaker, I thank the gentleman from Iowa 
(Mr. Leach) for yielding me this time.
  Mr. Speaker, I rise in strong support of H.R. 4259, the National 
Museum of the American Indian Commemorative Coin Act of 2000, partly 
because I introduced the bill earlier this year and partly because, as 
my colleagues have just alluded to, it is a good piece of legislation.
  I want to begin by thanking my colleagues on both sides of the aisle, 
nearly 300 in total, who enabled H.R. 4259 to move forward by becoming 
cosponsors.

[[Page 19564]]



                              {time}  2245

  I appreciate all of the help that they have provided by signing on to 
this important piece of legislation. Without their help, this would not 
be here today. We would not be here today debating this bill.
  Mr. Speaker, the museum of the American Indian, of the Smithsonian 
Institute was established by an Act of Congress in 1989 to serve as a 
permanent repository of Native American culture. With our 39 recognized 
tribes, my home State of Oklahoma has a strong and rich heritage in our 
country's Native American history and culture. In fact, the name 
``Oklahoma'' means ``Land of the Red People'' in the Choctaw language.
  My State has many wonderful and respected facilities that are 
dedicated to preserving our country's Native American culture. We 
appreciate that a museum is being built in our Nation's capital that 
will supplement all of the diligent efforts of those in Oklahoma.
  As a part of the highly respected Smithsonian Institute, which is now 
one of the world's largest museum complexes, the National Museum of the 
American Indian will collect, preserve, and exhibit Native American 
objects of artistic, historical, cultural, literary and scientific 
interest. It will provide for the Native American research and study 
programs.
  Mr. Speaker, I introduced H.R. 4259 in an effort to commemorate the 
opening of this historic museum. It calls for the minting in the year 
2001 of a special silver dollar coin, which collectors would probably 
refer to as a standard silver dollar, modeled after the old buffalo 
nickel which was designed by James Earle Fraser and minted from 1913 
through 1938.
  The proceeds of the sale of this coin will go towards funding the 
opening of the museum and will supplement the museums endowment and 
educational outreach funds. Because the mint will be reimbursed the 
cost of minting the coin before the funds are given to the museum, this 
bill will have no net cost to the American taxpayer.
  Mr. Speaker, I am pleased that H.R. 4259 has reached the floor today. 
Again, I would like to thank my colleagues that have already shown 
their support for H.R. 4259, and I urge the remainder of my colleagues 
to support this bill as well.
  Mr. LEACH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would simply like to thank, again, the gentleman from 
Oklahoma (Mr. Lucas) for his leadership on this issue.
  Mr. LaFALCE. Mr. Speaker, will the gentleman yield for a question, 
please?
  Mr. LEACH. Yes, of course I yield to the gentleman from New York.
  Mr. LaFALCE. Mr. Speaker, the gentleman from Iowa (Mr. Leach) made 
reference, I believe, to President Theodore Roosevelt, correct?
  Mr. LEACH. Mr. Speaker, I certainly did.
  Mr. LaFALCE. Mr. Speaker, I think the gentleman from Iowa said he was 
the one who thought that the design of the buffalo should be on that 
the nickel; is that correct?
  Mr. LEACH. He is the one who inspired the design, yes, Mr. Speaker.
  Mr. LaFALCE. Mr. Speaker, I point out to the gentleman from Iowa that 
President Theodore Roosevelt was sworn into office as President of the 
United States in Buffalo, New York.
  Mr. LEACH. That is newsworthy and an anecdote I did not know.
  If the gentleman from New York could help me, what political party 
was Mr. Roosevelt associated with?
  Mr. LaFALCE. The progressive party as I recall, Mr. Speaker.
  Mr. LEACH. Yes, of course. We are certainly in line that the 
President was a great American.
  Mr. SCHAFFER. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Shimkus). The question is on the motion 
offered by the gentleman from Iowa (Mr. Leach) that the House suspend 
the rules and pass the bill, H.R. 4259.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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