A Golden Moment

Using the California Quarter as a John Muir Commemorative Coin is a crime against all of us, especially the way it happened—the manipulation that ensured John Muir would be commemorated this way is an insult to We the People of the United States of America.

The proper and legal way to create a commemorative coin is to have it pass through Congress with the creation of a Coin Act—similar to the process used to create the Thomas Alva Edison Commemorative or the Leif Ericson and Lewis and Clark Commemoratives. One of the most critical reasons for such a process is to avoid what exactly happened in regards to the unethical manipulation of changing the California State Quarter into a Commemorative Coin representing the founder of a political organization. Our elected Representatives and Senators are supposed to decide if the commemorative coin is something We the People should pay for.

The sole reason for our California State Quarter becoming a John Muir Commemorative Coin is that State Librarian Kevin Starr chose to have John Muir on the California Quarter and manipulated the process to ensure that the design chosen by the People would not be considered by the Citizens Coin Advisory Committee, the US Commission of Fine Arts, the Secretary of the Treasury or the Governor of California. Kevin Starr even makes it clear that the only reason for considering the People's opinion was because Governor Gray Davis pressed him to allow the People to vote.

I have prepared this report to inform everyone about a crime that resulted in the misappropriation of more than $125,000,000.00, and urge everyone to demand an investigation be made into the fraudulent actions of Kevin Starr and officials at the US Mint. The crime that ultimately stole the California State Quarter from We the People and handed it to a powerful and possibly corrupt political organization, the Sierra Club.

Although Public Funds (money belonging to the People) were used to fund a public polling web site for the purpose of soliciting the public opinion, it has become clear that Kevin Starr had no intention of considering the public opinion. He effectively sponsored a mismanagement of public funds and public time for the purpose of laying a foundation for a publicly funded promotional campaign for the benefit of himself and the Sierra Club—a powerful political organization—which heavily backed the design that featured Sierra Club founder John Muir. Even though Kevin Starr’s intentions were to misuse public funds for his and his affiliation's personal gain, his unethical behavior does not invalidate the public opinion that was solicited with those public funds.

The results of the online poll have been described as an advisory vote. Yet by placing the top twenty designs chosen by a special committee online for the public to voice their opinions, there was an implied agreement that the public vote would matter. When the top three designs chosen to be sent to the US Mint for review were based on the public vote, there was the binding agreement that the choices made by the public would be treated fairly. Along with the top three chosen by the public, two designs chosen by Kevin Starr were added to make a total of five designs sent to the US Mint for review. Both of the designs recommended by Kevin Starr contained representations of John Muir.

A legal definition of contract is an agreement between two or more People which creates an obligation to do, or not do, something. The agreement creates a legal relationship of rights and duties. If the agreement is broken, then the law provides certain remedies. There are three factors necessary to create a contract:

1. offer
2. acceptance
3. consideration

One party makes an offer, the second party must accept the offer and there must be consideration exchanged. Consideration has to be something of value.

A contract was formed between the People and those entrusted with acting respectfully toward the People throughout the selection process by the following:

1. the People made an offer of their recommendations for a design to represent California in the 50 States Quarters Program,
2. the acceptance of the top three recommendations of the People by Governor Gray Davis
3. the consideration that the recommendations made by the People will treated with fair and nonprejudicial representation by the officials appointed to serve the People.

Kevin Starr and the US Mint are among those officials appointed to serve the People, and those officials failed to act appropriately in regards to the People. Those officials acted illegally and without respect for the People they are required to serve.

Kevin Starr’s actions of manipulation against the People's choice breached the contract made with the People.

Upon seeing the renditions presented by the US Mint for further evaluation I realized that the design chosen by the People was not being treated fairly.

On March 15th I received a call from the Associate Director of Sales and Marketing for the US Mint Gloria Eskridge. During the phone conversation Gloria Eskridge, along with Stacy Anderson, and Jean Sentry, tried to convince me that the changes made to "A Golden Moment" were done for the purpose of coinability.

Gloria Eskridge stated that my design contained too much detail, to which I pointed out that detail was actually added with the many minute flowers replacing the two original poppies. She also gave no reason for why so much more detail was given to each of the four other designs. Some designs such as the John Muir design were given even more detail than was in the original submission of "A Golden Moment". Among other concerns I indicated that the eagle was taken out of "A Golden Moment" and replaced with a generic bird, whereas highly detailed birds with intricate feathering were added to the John Muir and Sequoia designs. I also requested an explanation as to why the words "A Golden Moment" were removed. Gloria Eskridge refused to give any detailed reasons beyond the ambiguous term of coinability for the ruining of the People's Choice. However she did add that the US Mint was following the recommendations of a close contact within California. When asked who the California contact was Gloria Eskridge refused to disclose the identity. I have since discovered the identity of that close contact from California—the one behind the campaign to disgrace the People's Design—the self-serving Kevin Starr.

An article from the San Diego Union Tribune states that "State Librarian Kevin Starr, ... worked with the US Mint on the California design". Also according to the evaluation process outlined at usmint.gov, "the state will appoint an historian ... to participate ... to ensure historical accuracy and proper state representation of the artwork”. Additionally Kevin Starr stated himself that he had the honor of chairing the selection process.

Examining the US Mint renditions presented to the Citizens Coin Advisory Committee (CCAC) and the US Commission of Fine Arts (CFA), it is clear that the design chosen by the People was prejudiced against through the recommendations of Kevin Starr.

Stage Seven of the evaluation process outlined at usmint.gov states that only designs approved by the Secretary of the Treasury will be presented to the governor for final selection. Since the CCAC and the CFA had to make their decisions based solely on the US Mint renditions, the People's Choice was not among the recommendations to be sent to the governor. If everything went according to the process Governor Arnold Schwarzenegger was never supposed to see the People's Choice. This fact gives reason why Kevin Starr would want to have "A Golden Moment" fail during this phase of the process. Governor Arnold Schwarzenegger took it upon himself to be more involved in the evaluation process than was required or expected.

On March 26th I received a phonecall from State Librarian Employee Mattie Taormina. She called to say that an announcement of the California Quarter design was to be made on March 29th. I expressed to her my concerns that the governor may have not seen items I sent regarding how the US Mint had created coinability falsehoods in order to destroy the design chosen by the People. Mattie Taormina assured me that Governor Arnold Schwarzenegger was very involved in the selection process and wanted to base his decision on all the facts, and that he even asked to see the original designs submitted by the original artists. Her information gave me some peace of mind that at least the People's Choice was truly considered by the governor, but then Mattie Taormina went on to mention that the governor was advised to not consider the public vote. During the announcement on March 29th, Maria Shriver reinforced what Mattie Taormina relayed by recalling that "[Kevin Starr] walked right in, he had a briefcase, and he sat right down and kind of pushed everything on the coffee table aside and laid out the 20 finalists for the quarter".

It is very clear that Kevin Starr wanted to confront the issue of the governor choosing to not rely solely on the US Mint renditions to make his final decision.

Also according to the Office of First Lady Maria Shriver Assistant Trish Fontana, Kevin Starr was planning to retire before the selection of the California Quarter was to be made, but he chose to postpone retirement given that Governor Gray Davis was recalled. It has become crystal clear that Kevin Starr delayed his retirement because he wanted to make sure that a design commemorating Sierra Club founder John Muir would be selected. In fact his retirement coincided with the announcement of the John Muir Commemorative Quarter. What ever happened to the Real California Quarter?

The original design submission rules presented on the governor's web site on 2002 September 16 state that "no head and shoulders portrait or bust of any person, living or dead, and no portrait of any living person will be considered." The John Muir design features a full body portrait of a dead person which includes his head and shoulders, and if there is any doubt as to his identity, his name is clearly shown.

As part of the original group that narrowed the choices for the final committee, Trish Fontana recalled that designs including a name were immediately disqualified, yet somehow the design featuring the name John Muir got through. And as it turns out, the John Muir design is the only design among the twenty presented to the public that included a name.

Additionally the following rule states that designs must not contain "depictions of exclusive organizations". The John Muir design was strongly backed and is clearly representative of a powerful and wealthy political organization, the Sierra Club.Almost any article on the California Quarter will make a reference to the Sierra Club or a reference to one of Kevin Starr’s books.

Another piece of evidence that is interesting to note is the fact that the John Muir design was placed in the top position at the online voting web site. During the voting process I recall People asking me if the John Muir design had already won, a notion it seems Kevin Starr wanted to induce.

Why would an accomplished and respected historian choose to risk tarnishing his good reputation by committing fraud? It turns out that he is retiring to write some more books and by making sure that the founder of the Sierra Club was commemorated using the California Quarter, he would seal an excellent and publicly funded promotional campaign. The Sierra Club was very happy to oblige since the Club will benefit greatly from the roughly two billion pieces of free advertising that will enter the public monetary system in 2005. With the life expectancy of a coin averaging thirty years, that’s a pretty good deal. And neither the Sierra Club nor Kevin Starr have to spend a dime, or in this case a quarter.

During the announcement on March 29th, Maria Shriver stated that "[Kevin Starr] laid out four or five books, and I was kind of surprised and said, what's this? And he said, "Well, the Governor gets to choose the quarter." And my kids were like, whoa, that's really exciting, he gets to choose the quarter! And then he said, "And I just brought you a couple of my books that you could read in your spare time." And I was sitting there with our youngest son, Christopher [age 6], and he turned to Dr. Starr and said, "Wow, that's great! - you wrote four books." And without skipping a beat, Dr. Starr said, "I've written 14 books."

Based on his endeavors in writing it is clear that Kevin Starr wanted to use the California Quarter as a promotion of himself and the Sierra Club. Kevin Starr has effectively gained millions of dollars worth of free advertising for himself and the Sierra Club, and all at the expense of the People.As an official in the service to the public, the State Librarian has a duty to represent the People's opinion with respect and dignity. As our State Librarian, Kevin Starr did not represent the People's opinion with respect or dignity.

I don't know if Kevin Starr is somehow related to John Muir or David Starr Jordan who served on the board of directors of the Sierra Club when Muir was President of the Club, but Kevin Starr has a clear and present bias.According to the California Historical Society, which Kevin Starr is a member, John Muir is "the Greatest Californian". In an article by William Deverell, Kevin Starr is described as a modern Muir. So as it stands now the California Quarter Design beautifully represents John Muir, the Yosemite Valley, the Condor, Kevin Starr and the Sierra Club, but does not truly represent the People of California or our great state.

John Muir was a great man but there are many, many great Californians. To single out one for the California Quarter is an injustice to the many that have made California the wonder it has become. In addition to the many that have achieved greatness, I believe that every Californian has the ability to attain amazing goals, and that we are all inherently important. The design chosen to represent California should not only provide educational information of our great state, but be representative of our entire state and the People that make up our state. California is more than just one man or political organization.

Incorporated within the design that received the most votes of the People are elements of the thriving California environment, a representation of the Gold Rush that resulted in California bypassing much of the Midwest entering statehood, which helped fund a fledgeling United States of America.Also artfully included within "A Golden Moment" is the aspect of the California Dream represented by the discovery of gold and not the gold itself. The miner is representative of all Californians, and the pan is representative of each Californian’s dreams, and the shining glint of sun from the pan reveals a California Dream coming true. Placing the words "A Golden Moment" just above and to the left of the words "E Pluribus Unum" indicates that this one golden moment is representative of many golden moments, "A Golden Moment, From Many, One".

When a coin is to be used for the purpose of commemorating an individual or an organization, the correct process is to have the proposal go through the proper channels and not swindled into the 50 States Quarters Program.

Kevin Starr breached a contract formed with the People when he knowingly acted with clear prejudice to ensure that the Design of the People would not be given fair treatment throughout the evaluation process. Kevin Starr worked instead to make certain that the California State Quarter would end up a publicly funded campaign and Commemorative Coin for the founder and properties of a political organization.

Kevin Starr’s accomplishments as an historian do not justify his unethical manipulation of the design selection process for the promotion of himself or the Sierra Club. His appointment to the Office of State Librarian was to act on the behalf of the People. Kevin Starr failed to treat the People with respect, dignity and fairness.

The design chosen by Kevin Starr is an obvious portrait of John Muir the founder of the Sierra Club and violates the rules of acceptable designs for the 50 States Commemorative Coin Program Act [Public Law 105-124].

I have urged public officials and the news media to investigate this issue. The only two journalists to write an article about this issue were only able to get statements from Kevin Starr. One journalist told me that it is normally very difficult to contact Kevin Starr, but for some reason he was the only person mentioned in my report that she was able to get a hold of. The fact that others haven't been contacted and that the issue was dropped so quickly, is indicative of a cover-up.

To ensure that everyone knows of the fraudulent acts of Kevin Starr and the US Mint, an investigation should be performed thoroughly and with something that was lacking throughout the evaluation process, integrity.

I implore everyone to contact their news media. In fact I dare everyone to prove my statements false. Prove me to be a liar. It just won't happen.

* * *

Having created 2D art and 3D sculpts for coining dies, I am very certain that my design is coinable in its original state.

Below are images from a 3D computer model that can be output to a computer numeric controlled (CNC) milling machine to create an initial sculpt as an alternative to having an inept sculptor with equally inefficient skills as the creator of the US Mint rendition of the People's Design. The initial sculpt could then be refined and then a negative epoxy cast used to trace out the coining dies.

Or the design can be hand sculpted the traditional style using a blank plaster basin and clay as shown below. Either way "A Golden Moment" is coinable as originally presented.

The images below resulted in the limited mintage of the People's Choice coined the Miracle Quarter. Undeniable proof that "A Golden Moment" is coinable as submitted to the US Mint. Therefore proving beyond any doubt that the US Mint lied to help cover up their willingness to act under the fraudulent direction of Kevin Starr.

Kevin Starr and members of the US Mint clearly acted with criminal intent.

The People's Design does not surpass detail present in existing quarters and is arguably less detailed than the fraudulently minted Sierra Club/John Muir Commemorative

Public Law 106-126
106th Congress

An Act

To require the Secretary of the Treasury to mint coins in conjunction
with the minting of coins by the Republic of Iceland in commemoration of
the millennium of the discovery of the New World by Leif
Ericson. <<NOTE: Dec. 6, 1999 - [H.R. 3373]>>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

TITLE <<NOTE: Leif Ericson Millennium Commemorative Coin Act. 31 USC
5112 note.>> I--LEIF ERICSON MILLENNIUM COMMEMORATIVE COIN

SEC. 101. SHORT TITLE.

This title may be cited as the ``Leif Ericson Millennium
Commemorative Coin Act''.

SEC. 102. COIN SPECIFICATIONS.

(a) $1 Silver Coins.--In conjunction with the simultaneous minting
and issuance of commemorative coins by the Republic of Iceland in
commemoration of the millennium of the discovery of the New World by
Leif Ericson, the Secretary of the Treasury (hereafter in this title
referred to as the ``Secretary'') shall mint and issue not more than
500,000 1 dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.

(b) Legal Tender.--The coins minted under this title shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this title shall be
considered to be numismatic items.

SEC. 103. SOURCES OF BULLION.

The Secretary may obtain silver for minting coins under this title
from any available source, including stockpiles established under the
Strategic and Critical Materials Stock Piling Act.

SEC. 104. DESIGN OF COINS.

(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
title shall be emblematic of the millennium of the discovery of
the New World by Leif Ericson.
(2) Designation and inscriptions.--On each coin minted under
this title there shall be--
(A) a designation of the value of the coin;

[[Page 113 STAT. 1644]]

(B) an inscription of the year ``2000''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.

(b) Selection.--The design for the coins minted under this title
shall be--
(1) selected by the Secretary after consultation with the
Leifur Eiriksson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.

SEC. 105. ISSUANCE OF COINS.

(a) Quality of Coins.--Coins minted under this title shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
title.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this title beginning January 1, 2000.
(d) Termination of Minting Authority.--No coins may be minted under
this title after December 31, 2000.

SEC. 106. SURCHARGES.

(a) In General.--All sales of coins minted under this title shall
include a surcharge of $10 per coin.
(b) Distribution.--All surcharges received by the Secretary from the
sale of coins issued under this title shall be promptly paid by the
Secretary to the Leifur Eiriksson Foundation for the purpose of funding
student exchanges between students of the United States and students of
Iceland.
(c) Audits.--The Leifur Eiriksson Foundation shall be subject to the
audit requirements of section 5134(f )(2) of title 31, United States
Code, with regard to the amounts received by the Foundation under
subsection (b).

SEC. 107. GENERAL WAIVER OF PROCUREMENT REGULATIONS.

(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this title.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this title
from complying with any law relating to equal employment opportunity.

TITLE <<NOTE: United States Capitol Visitor Center Commemorative Coin
Act of 1999. 31 USC 5112 note.>> II--CAPITOL VISITOR CENTER
COMMEMORATIVE COIN

SEC. 201. SHORT TITLE.

This title may be cited as the ``United States Capitol Visitor
Center Commemorative Coin Act of 1999''.

SEC. 202. FINDINGS.

Congress finds that--
(1) Congress moved to Washington, District of Columbia, and
first convened in the Capitol building in the year 1800;

[[Page 113 STAT. 1645]]

(2) the Capitol building is now the greatest visible symbol
of representative democracy in the world;
(3) the Capitol building has approximately 5,000,000
visitors annually and suffers from a lack of facilities
necessary to properly serve them;
(4) the Capitol building and persons within the Capitol have
been provided with excellent security through the dedication and
sacrifice of the United States Capitol Police;
(5) Congress has appropriated $100,000,000, to be
supplemented with private funds, to construct a Capitol Visitor
Center to provide continued high security for the Capitol and
enhance the educational experience of visitors to the Capitol;
(6) Congress would like to offer the opportunity for all
persons to voluntarily participate in raising funds for the
Capitol Visitor Center; and
(7) it is appropriate to authorize coins commemorating the
first convening of the Congress in the Capitol building with
proceeds from the sale of the coins, less expenses, being
deposited for the United States Capitol Preservation Commission
with the specific purpose of aiding in the construction,
maintenance, and preservation of a Capitol Visitor Center.

SEC. 203. COIN SPECIFICATIONS.

(a) Denominations.--The Secretary of the Treasury (hereafter in this
title referred to as the ``Secretary'') shall mint and issue the
following coins under this title:
(1) Bimetallic coins.--Not more than 200,000 $10 bimetallic
coins of gold and platinum, in accordance with such
specifications as the Secretary determines to be appropriate.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent copper.
(3) Half dollar.--Not more than 750,000 half dollar clad
coins, each of which--
(A) shall weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.

(b) $5 Gold Coins.--If the Secretary determines that the minting and
issuance of bimetallic coins under subsection (a)(1) is not feasible,
the Secretary may mint and issue instead not more than 100,000 $5 coins,
which shall--
(1) weigh 8.359 grams;
(2) have a diameter of 0.850 inches; and
(3) contain 90 percent gold and 10 percent alloy.

(c) Legal Tender.--The coins minted under this title shall be legal
tender, as provided in section 5103 of title 31, United States Code.

SEC. 204. SOURCES OF BULLION.

(a) Platinum and Gold.--The Secretary shall obtain platinum and gold
for minting coins under this title from available sources.
(b) Silver.--The Secretary may obtain silver for minting coins under
this title from stockpiles established under the Strategic and Critical
Materials Stock Piling Act, and from other available sources.

[[Page 113 STAT. 1646]]

SEC. 205. DESIGN OF COINS.

(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
title shall be emblematic of the first meeting of the United
States Congress in the United States Capitol Building.
(2) Designation and inscriptions.--On each coin minted under
this title, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2001''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.

(b) Selection.--The design for the coins minted under this title
shall be--
(1) selected by the Secretary, after consultation with the
United States Capitol Preservation Commission (in this title
referred to as the ``Commission'') and the Commission of Fine
Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.

SEC. 206. ISSUANCE OF COINS.

(a) Quality of Coins.--Coins minted under this title shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular combination of denomination and quality
of the coins minted under this title.
(c) First Use of Year 2001 Date.--The coins minted under this title
shall be the first commemorative coins of the United States to be issued
bearing the inscription of the year ``2001''.
(d) Promotion Consultation.--The Secretary shall--
(1) consult with the Commission in order to establish a role
for the Commission or an entity designated by the Commission in
the promotion, advertising, and marketing of the coins minted
under this title; and
(2) if the Secretary determines that such action would be
beneficial to the sale of coins minted under this title, enter
into a contract with the Commission or an entity referred to in
paragraph (1) to carry out the role established under paragraph
(1).

SEC. 207. SALE OF COINS.

(a) Sale Price.--The coins minted under this title shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).

(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this title at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this title before the issuance of
such coins.

[[Page 113 STAT. 1647]]

(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.

(d) Surcharges.--All sales under this title shall include a
surcharge established by the Secretary, in an amount equal to not more
than--
(1) $50 per coin for the $10 coin or $35 per coin for the $5
coin;
(2) $10 per coin for the $1 coin; and
(3) $3 per coin for the half dollar coin.

SEC. 208. DISTRIBUTION OF SURCHARGES.

All surcharges received by the Secretary from the sale of coins
minted under this title shall be deposited in the Capitol Preservation
Fund in accordance with section 5134(f ) of title 31, United States
Code, and shall be made available to the Commission for the purpose of
aiding in the construction, maintenance, and preservation of a Capitol
Visitor Center.

TITLE <<NOTE: Lewis and Clark Expedition Bicentennial Commemorative Coin
Act. 31 USC 5112 note.>> III--LEWIS AND CLARK EXPEDITION COMMEMORATIVE
COIN

SEC. 301. SHORT TITLE.

This title may be cited as the ``Lewis and Clark Expedition
Bicentennial Commemorative Coin Act''.

SEC. 302. FINDINGS.

The Congress finds that--
(1) the expedition commanded by Meriwether Lewis and William
Clark, which came to be called ``The Corps of Discovery'', was
one of the most remarkable and productive scientific and
military exploring expeditions in all American history;
(2) President Thomas Jefferson gave Lewis and Clark the
mission to ``explore the Missouri River & such principal stream
of it, as, by its course and communication with the waters of
the Pacific Ocean, whether the Columbia, Oregon, Colorado, or
any other river may offer the most direct and practical water
communication across this continent for the purposes of
commerce'';
(3) the Expedition, in response to President Jefferson's
directive, greatly advanced our geographical knowledge of the
continent and prepared the way for the extension of the American
fur trade with American Indian tribes throughout the land;
(4) President Jefferson directed the explorers to take note
of and carefully record the natural resources of the newly
acquired territory known as Louisiana, as well as diligently
report on the native inhabitants of the land;
(5) the Expedition departed St. Louis, Missouri on May 14,
1804;
(6) the Expedition held its first meeting with American
Indians at Council Bluff near present-day Fort Calhoun,
Nebraska, in August 1804, spent its first winter at Fort Mandan,
North Dakota, crossed the Rocky Mountains by the mouth of the
Columbia River in mid-November of that year,

[[Page 113 STAT. 1648]]

and wintered at Fort Clatsop, near the present-day city of
Astoria, Oregon;
(7) the Expedition returned to St. Louis, Missouri, on
September 23, 1806, after a 28-month journey covering 8,000
miles during which it traversed 11 future States: Illinois,
Missouri, Kansas, Nebraska, Iowa, North Dakota, South Dakota,
Montana, Idaho, Washington, and Oregon;
(8) accounts from the journals of Lewis and Clark and the
detailed maps that were prepared by the Expedition enhance
knowledge of the western continent and routes for commerce;
(9) the Expedition significantly enhanced amicable
relationships between the United States and the autonomous
American Indian nations, and the friendship and respect fostered
between American Indian tribes and the Expedition represents the
best
of diplomacy and relationships between divergent nations and cultures;
and
(10) the Lewis and Clark Expedition has been called the most
perfect expedition of its kind in the history of the world and
paved the way for the United States to become a great world
power.

SEC. 303. COIN SPECIFICATIONS.

(a) Denomination.--In commemoration of the bicentennial of the Lewis
and Clark Expedition, the Secretary of the Treasury (hereafter in this
title referred to as the ``Secretary'') shall mint and issue not more
than 500,000 $1 coins, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.

(b) Legal Tender.--The coins minted under this title shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this title shall be
considered to be numismatic items.

SEC. 304. SOURCES OF BULLION.

The Secretary may obtain silver for minting coins under this title
from any available source, including stockpiles established under the
Strategic and Critical Materials Stock Piling Act.

SEC. 305. DESIGN OF COINS.

(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
title shall be emblematic of the expedition of Lewis and Clark.
(2) Designation and inscriptions.--On each coin minted under
this title there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2004'' and the
years ``1804-1806''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(3) Obverse of coin.--The obverse of each coin minted under
this title shall bear the likeness of Meriwether Lewis and
William Clark.

[[Page 113 STAT. 1649]]

(4) General design.--In designing this coin, the Secretary
shall also consider incorporating appropriate elements from the
Jefferson Peace and Friendship Medal which Lewis and Clark
presented to the Chiefs of the various Indian tribes they
encountered and shall consider recognizing Native American
culture.

(b) Selection.--The design for the coins minted under this title
shall be selected by the Secretary after consultation with the
Commission of Fine Arts and shall be reviewed by the Citizens
Commemorative Coin Advisory Committee.

SEC. 306. ISSUANCE OF COINS.

(a) Quality of Coins.--Coins minted under this title shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
title.
(c) Period for Issuance.--The Secretary may issue coins minted under
this title only during the period beginning on January 1, 2004, and
ending on December 31, 2004.

SEC. 307. SALE OF COINS.

(a) Sale Price.--The coins issued under this title shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).

(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this title at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this title before the issuance of
such coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.

(d) Surcharges.--All sales of coins minted under this title shall
include a surcharge of $10 per coin.

SEC. 308. DISTRIBUTION OF SURCHARGES.

(a) In General.--Subject to section 5134(f ) of title 31, United
States Code, the proceeds from the surcharges received by the Secretary
from the sale of coins issued under this title shall be promptly paid by
the Secretary as follows:
(1) National lewis and clark bicentennial council.--Two-
thirds to the National Lewis and Clark Bicentennial Council, for
activities associated with commemorating the bicentennial of the
Lewis and Clark Expedition.
(2) National park service.--One-third to the National Park
Service for activities associated with commemorating the
bicentennial of the Lewis and Clark Expedition.

(b) Audits.--Each organization that receives any payment from the
Secretary under this section shall be subject to the audit requirements
of section 5134(f )(2) of title 31, United States Code.

[[Page 113 STAT. 1650]]

SEC. 309. FINANCIAL ASSURANCES.

(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this title will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this title
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.

Approved December 6, 1999.

LEGISLATIVE HISTORY--H.R. 3373:
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CONGRESSIONAL RECORD, Vol. 145 (1999):
Nov. 16, considered and passed House.
Nov. 19, considered and passed Senate.