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When approval by the New York Court is received, all of the conditions described in Articles Second and Third of the Memorandum of Understanding that must precede creation of the National Museum of the American Indian will have been met. These conditions pertain to approval of the transfer by the courts of New York; enactment of legislation to authorize the establishment of the National Museum of the American Indian; the provision of appropriations; receipt from the Attorney General of New York of a statement that the Board of Regents has no liability for the acts and/or omissions, if any, of the Board of Trustees of the Museum of the American Indian, Heye Foundation; and receipt of data from those Trustees establishing that the realizable value of the assets to be transferred, other than the collections, exceeds the value of liabilities.

Thus, to implement fully the Memorandum of Understanding and to establish formally the National Museum of the American Indian the following motions are suggested:

VOTED that in accordance with Article First of the Memorandum of Understanding between the Smithsonian Institution and the Museum of the American Indian, Heye Foundation, agreed to May 8, 1989, the Board of Regents hereby agrees to accept from the Museum of the American Indian, Heye Foundation, its entire collection of books, objects, and works of art; its endowment; and all other property, excluding the exhibition facility at 3753 Broadway, New York, New  York, for the purposes of the National Museum of the American Indian authorized by Public Law 101-185, enacted November 28, 1989;

and

VOTED that in accordance with Article Fourth (A) of the Memorandum of Understanding between the Smithsonian Institution and the Museum of the American Indian, Heye Foundation, agree to May 8, 1989, the Board of Trustees of the National Museum of the American Indian is hereby constituted and to it are named the following persons, each to serve a term of three years from this date:

The Secretary, Smithsonian Institution
An Assistant Secretary for Smithsonian Institution (to be designated by the Secretary)
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Dr. Ernest Leroy Boyer | New Jersey
Mr. W. Roger Buffalohead | Minnesota
Honorable Barber B. Conable, Jr. |  Washington, D.C.
Mr. Vine Deloria, Jr. | Arizona
Ms. Suzan Shown Harjo | Washington, D.C.
Dr. Norbert Hill | Wisconsin
Dr. Frederick E. Hoxie | Illinois
Honorable Daniel K. Inouye | Hawaii
Dr. Jennie Joe | Arizona
Mr. Alvin Josephy, Jr. - Connecticut
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