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-40- EXECUTIVE SUMMARY OF DOCUMENTS PERTAINING TO THE PROPOSED [[underlined]] NATIONAL MUSEUM OF THE AMERICAN INDIAN [[/underlined]] Of primary importance among the accompanying documents is the Memorandum of Understanding between the Museum of the American Indian, Heye Foundation and the Smithsonian Institution. The memorandum meets the requirements of the Board of Regents as expressed in the minutes of their meetings from May, 1987 through January, 1989. These requirements include • the transfer of title to the Smithsonian of the collections and other property of the Heye Foundation; • the establishment of a single museum, the primary facility of which is on the Mall in Washington, and having a significant facility in the New York Custom House; and • the creation of a board of trustees whose authority is subject to policy and oversight by the Board of Regents. The memorandum is conditional on approval of its terms by the courts of New York, on enactment of authorizing legislation, and on the provision of an initial increment of appropriations. It also protects the Institution against having to proceed unless sufficient funds with which to do so are available. A concept for the use of space in the Custom House is outlined in the paper dated March 15, 1989. The Smithsonian would be directly responsible for approximately 57,000 gross square feet while an additional 25,500 gross square feet, including the loading dock and an auditorium, would be the responsibility of the General Services Administration and shared with the Smithsonian for museum purposes. Other documents reflect the support of the Administration for museum operations, as well as its requirement for non-Federal contributions to construction of the Mall and Custom House facilities. Letters from the Governor of the State of New York and from the Mayor of the City of New York express the commitment of each to fund one-third, or not more than $8 million, of the costs of refurbishing the Smithsonian space in the Custom House facility and to consider grant applications for program activities. The estimated cost of constructing the Mall museum is $85 million; of the Custom House space, $24 million; and of the Museum Support Center facility, $63 million. The operating estimate for Fiscal Year 1990 is $5.974 million. A draft bill to implement the legislative conditions of the Memorandum of Understanding and to provide authorities required by the General Services Administration also is provided.