In designating a site under subparagraph (A), the Board of Regents shall select from among the following sites in the District of Columbia:

In designating a site under subparagraph (A), the Board of Regents shall select from among the following sites in the District of Columbia:

(A) In general Not later than 12 months after December 16, 2003, the Board of Regents shall designate a site for the Museum.

(B) Sites for considerationIn designating a site under subparagraph (A), the Board of Regents shall select from among the following sites in the District of Columbia: (i) The Arts and Industries Building of the Smithsonian Institution, located on the National Mall at 900 Jefferson Drive, Southwest, Washington, District of Columbia. (ii) The area bounded by Constitution Avenue, Madison Drive, and 14th and 15th Streets, Northwest. (iii) The site known as the “Liberty Loan site”, located on 14th Street Southwest at the foot of the 14th Street Bridge. (iv) The site known as the “Banneker Overlook site”, located on 10th Street Southwest at the foot of the L’Enfant Plaza Promenade.

(C) Availability of site (i) In general A site described in subparagraph (B) shall remain available until the date on which the Board of Regents designates a site for the Museum under subparagraph (A). (ii) Transfer to Smithsonian Institution Except with respect to a site described in clause (i) of subparagraph (B), if the site designated for the Museum is in an area that is under the administrative jurisdiction of a Federal agency, as soon as practicable after the date on which the designation is made, the head of the Federal agency shall transfer to the Smithsonian Institution administrative jurisdiction over the area.

(D) ConsultationThe Board of Regents shall carry out its duties under this paragraph in consultation with the following: (i) The Chair of the National Capital Planning Commission. (ii) The Chair of the Commission on Fine Arts. (iii) The Chair and Vice Chair of the Presidential Commission referred to in section 80r–8 of this title. (iv) The Chair of the Building and Site Subcommittee of the Presidential Commission referred to in section 80r–8 of this title. (v) The Chair and ranking minority member of each of the following Committees: (I) The Committee on Rules and Administration of the Senate. (II) The Committee on House Administration of the House of Representatives. (III) The Committee on Transportation and Infrastructure of the House of Representatives. (IV) The Committee on Appropriations of the House of Representatives. (V) The Committee on Appropriations of the Senate.

(2) Construction of building The Board of Regents, in consultation with the Council, may plan, design, and construct a building for the Museum, which shall be located at the site designated by the Board of Regents under this paragraph.

(3) Nonapplicability of provisions relating to monuments and commemorative works Chapter 89 of title 40 shall not apply with respect to the Museum.

The Board of Regents shall pay—

(1) 50 percent of the costs of carrying out this section from Federal funds; and

(2) 50 percent of the costs of carrying out this section from non-Federal sources.

There are authorized to be appropriated such sums as are necessary to carry out this section.

(Pub. L. 108–184, § 8, Dec. 16, 2003, 117 Stat. 2680.)