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-41- MEMORANDUM OF UNDERSTANDING BETWEEN THE MUSEUM OF THE AMERICAN INDIAN, HEYE FOUNDATION AND THE SMITHSONIAN INSTITUTION WHEREAS the Museum of the American Indian, Heye Foundation (hereinafter referred to as the "Heye Foundation") was established pursuant to a trust indenture executed in the State of New York in 1916, which indenture defined the Foundation's purposes substantially as follows: (1) to collect, preserve, study, and exhibit all things connected with the anthropology of the indigenous people of North, South, and Central America, including objects of artistic, historic, literary, and scientific interest; (2) to advance the study of anthropology, particularly in connection with that of the indigenous peoples of the Americas, and the study of their languages, literature, history, art, and life; and (3) to promote public welfare by actively advancing learning and providing means for carrying on such work in the State of New York; and WHEREAS the Heye Foundation has an unrivaled assemblage of American Indian objects from all portions of