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(7) establishes a board of trustees of the museum to recommend budgets and provide advice and assistance to the Regents on museum matters, and, subject to policy of the Regents, exercise a series of other authorities;

(8) outlines the structure and term of the initial twenty-five member board of trustees, as well as the manner of appointment and terms of its successors;

(9) provides authority for offers of employment to staff of the Heye Foundation serving at the time of the transfer of its property and for the Secretary to determine salary levels and duties; and

(10) authorizes appropriations to carry out the purposes described.

[[underlined]] Third [[/underlined]]. Conditions the obligation of the Institution to proceed on receipt of a letter from the Attorney General of New York agreeing that the Institution and the Regents, as a board and individually, are not liable or responsible for any acts or omissions of the Heye Foundation trustees prior to the transfer and on receipt of information from the trustees that the value of the assets transferred, exclusive of the collection, exceeds it liabilities.

[[underlined]] Fourth [[/underlined]]. Provides that within ninety days of satisfying the conditions in the Second and Third articles and the availability of appropriations, the new board of trustees shall be constituted and the transfer of title to the Heye Foundation property completed. The Heye collections are not to be merged into the Smithsonian's; their identity is to be permanently preserved; and objects for exhibition are to be selected to ensure the success of those exhibitions. Provision also is made for use of current Hey[[sic]] Foundation facilities, such as the structure on upper Broadway and the Bronx library site, until collections can be transferred from them.

[[underlined]] Fifth [[/underlined]]. When the conditions are satisfied and appropriations are available, the Secretary is to initiate planning for museum facilities. He is to consult with the new board of trustees on design of the facilities, and with representatives of the City and/or State of New York about the facility there if those entities contribute to the costs of construction.

[[underlined]] Sixth [[/underlined]]. Requires that between the date of the Memorandum and the time title to its property passes to the Institution the Heye Foundation is to care for its property and to maintain present 

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