The Smithsonian operates as a trust instrumentality of the United States and is partially funded by Congress, but it is not part of any of the three branches of the federal government.
“The Smithsonian is treated as a federal agency for lots of things to do with federal regulations and state action, but that’s very different than being an agency of the executive branch, which it most certainly is not,” Nick O’Donnell, an attorney who specializes in legal issues in the museum and visual arts communities and co-chairs the Art, Cultural Property, and Heritage Law Committee of the International Bar Association, said in an interview.
The Smithsonian has displayed the space shuttle Discovery at the National Air and Space Museum’s Steven F. Udvar-Hazy Center in Chantilly, Virginia, since April 2012.
Credit:
Smithsonian National Air and Space Museum
“If there’s a document that accompanied the transfer of the space shuttle, especially if it says something like, ‘all rights, title, and interest,’ that’s a property transfer, and that’s it,” O’Donnell said.
“NASA has decided to transfer all rights, interest, title, and ownership of Discovery to the Smithsonian Institution’s National Air and Space Museum,” reads the signed transfer of ownership for space shuttle orbiter Discovery (OV-103), according to a copy of the paperwork obtained by collectSPACE.
The Congressional Research Service also raised the issue of ownership in its paper, “Transfer of a Space Vehicle: Issues for Congress.”
“The ability of the NASA Administrator to direct transfer of objects owned by non-NASA entities—including the Smithsonian and private organizations—is unclear and may be subject to question. This may, in turn, limit the range of space vehicles that may be eligible for transfer under this provision.”
Defending Discovery
The National Air and Space Museum also raised concerns about the safety of relocating the space shuttle now. The One Big Beautiful Bill allocated $85 million to transport the orbiter and construct a facility to display it. The Smithsonian contends it could be much more costly.
