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40 U.S.C. § 8905 — Site and design approval

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 8905 — Site and design approval

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Stable record: federal_law:legal_authorities:record_usc_e75475b880c9534cbe52bf39
Source file: Laws/federal/codes/united-states-code/title-40/section-8905-site-and-design-approval--65ec341a3c.md
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Source location: Title 40, Chapter 89, § 8905; chapter-089-national-capital-memorials-and-commemorative-works.md

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**(a) Consultation on, and Submission of, Proposals.—** A sponsor authorized by law to establish a commemorative work in the District of Columbia and its environs may request a permit for construction of the commemorative work only after the following requirements are met: (1) **Consultation.—** — The sponsor must consult with the National Capital Memorial Advisory Commission regarding the selection of alternative sites and design concepts for the commemorative work. (2) **Submittal.—** — Following consultation in accordance with clause (1), the Secretary of the Interior or the Administrator of General Services, as appropriate, must submit, on behalf of the sponsor, site and design proposals to the Commission of Fine Arts and the National Capital Planning Commission for their approval. **(b) Decision Criteria.—** In considering site and design proposals, the Commission of Fine Arts, National Capital Planning Commission, and the Secretary or Administrator (as appropriate) shall be guided by, but not limited by, the following criteria: (1) **Surroundings.—** — To the maximum extent possible, a commemorative work shall be located in surroundings that are relevant to the subject of the work. (2) **Location.—** — A commemorative work shall be located so that— (A) it does not interfere with, or encroach on, an existing commemorative work; and (B) to the maximum extent practicable, it protects open space, existing public use, and cultural and natural resources. (3) **Material.—** — A commemorative work shall be constructed of durable material suitable to the outdoor environment. (4) **Landscape features.—** — Landscape features of commemorative works shall be compatible with the climate. (5) **Museums.—** — No commemorative work primarily designed as a museum may be located on lands under the jurisdiction of the Secretary in Area I or in East Potomac Park as depicted on the map referenced in section 8902(2).11 So in original. Probably should be section “8902(a)(2).” (6) **Site-specific guidelines.—** — The National Capital Planning Commission and the Commission of Fine Arts may develop such criteria or guidelines specific to each site that are mutually agreed upon to ensure that the design of the commemorative work carries out the purposes of this chapter. **(c) Donor Contributions.—** (1) **Acknowledgment of donor contribution.—** — Except as otherwise provided in this subsection, the Secretary of the Interior or Administrator of General Services, as applicable, may permit a sponsor to acknowledge donor contributions at the commemorative work. (2) **Requirements.—** — An acknowledgment under paragraph (1) shall— (A) be displayed— (i) inside an ancillary structure associated with the commemorative work; or (ii) as part of a manmade landscape feature at the commemorative work; and (B) conform to applicable National Park Service or General Services Administration guidelines for donor recognition, as applicable. (3) **Limitations.—** — An acknowledgment under paragraph (1) shall— (A) be limited to an appropriate statement or credit recognizing the contribution; (B) be displayed in a form in accordance with National Park Service and General Services Administration guidelines; (C) be displayed for a period of up to 10 years, with the display period to be commensurate with the level of the contribution, as determined in accordance with the plan and guidelines described in subparagraph (B); (D) be freestanding; and (E) not be affixed to— (i) any landscape feature at the commemorative work; or (ii) any object in a museum collection. (4) **Cost.—** — The sponsor shall bear all expenses related to the display of donor acknowledgments under paragraph (1). (5) **Applicability.—** — This subsection shall apply to any commemorative work dedicated after January 1, 2010.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 8901 — Purposes

The purposes of this chapter are— (1) to preserve the integrity of the comprehensive design of the L’Enfant and McMillan plans for the Nation’s Capital; (2) to ensure the continued public use and enjoyment of open space in the District of Columbia and its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia; (3) to preserve, protect and maintain the limited amount of open space available to residents of, and visitors to, the Nation’s Capital; and (4) to ensure that future commemorative works in areas administered by the National Park Service and the Administrator of General Services in the District of Columbia and its environs— (A) are appropriately designed, constructed, and located; and (B) reflect a consensus of the lasting national significance of the subjects involved.

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Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 101101 — Authority to accept land, rights-of-way, buildings, other property, and money

The Secretary in the administration of the Service may accept— (1) patented land, rights-of-way over patented land or other land, buildings, or other property within a System unit; and (2) money that may be donated for the purposes of the System.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 8905 — Site and design approval

Page 206 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8904 COMMEMORATIVE WORKS—CONTINUED Women in Military Service for America Memorial.— Pub. L. 99–500, § 101(h) [title I, § 117], Oct. 18, 1986, 100 Stat. 1783–242, 1783–266, and Pub. L. 99–591, § 101(h) [title I, § 117], Oct. 30, 1986, 100 Stat. 3341–242, 3341–266; Pub. L. 99–590, title IX, §§ 901, 902, Oct. 30, 1986, 100 Stat. 3339; Pub. L. 99–610, Nov. 6, 1986, 100 Stat. 3477; Pub. L. 103–321, § 1(a)(2), Aug. 26, 1994, 108 Stat. 1793; Pub. L. 103–337, div. B, title XXVIII, § 2855, Oct. 5, 1994, 108 Stat. 3073; Pub. L. 116–92, div. B, title XXVIII, § 2834(e)(3)(B), Dec. 20, 2019, 133 Stat. 1894. Women Who Worked on the Home Front Commemora- tive Work.—Pub. L. 117–328, div. DD, title VII, § 702, Dec. 29, 2022, 136 Stat. 5617. World War II Memorial.—Pub. L. 103–32, May 25, 1993, 107 Stat. 90; Pub. L. 103–422, Oct. 25, 1994, 108 Stat. 4356; Pub. L. 106–58, title VI, § 652, Sept. 29, 1999, 113 Stat. 480; Pub. L. 106–117, title VI, § 601(b), Nov. 30, 1999, 113 Stat. 1578; Pub. L. 107–11, May 28, 2001, 115 Stat. 19. World War II Memorial Prayer Plaque.—Pub. L. 113–123, June 30, 2014, 128 Stat. 1377. § 8904. National Capital Memorial Advisory Com- mission (a) ESTABLISHMENT AND COMPOSITION.—There is established the National Capital Memorial Advisory Commission, which shall be composed of— (1) the Director of the National Park Serv- ice; (2) the Architect of the Capitol; (3) the Chairman of the American Battle Monuments Commission; (4) the Chairman of the Commission of Fine Arts; (5) the Chairman of the National Capital Planning Commission; (6) the Mayor of the District of Columbia; (7) the Commissioner of the Public Buildings Service of the General Services Administra- tion; and (8) the S

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