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40 U.S.C. § 8908 — Areas I and II

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

40 U.S.C. § 8908 — Areas I and II

**(a) Availability of Map.—** The Secretary of the Interior or the Administrator of General Services (as appropriate) shall make available, for public inspection at appropriate offices of the National Park Service and the General Services Administration, the map entitled “Commemorative Areas Washington, DC and Environs”, numbered 869/86501 B, and dated June 24, 2003. **(b) Specific Conditions Applicable to Area I and Area II.—** (1) **Area i.—** — After seeking the advice of the National Capital Memorial Advisory Commission, the Secretary or Administrator, as appropriate, may recommend the location of a commemorative work in Area I only if the Secretary or Administrator decides that the subject of the commemorative work is of preeminent historical and lasting significance to the United States. The Secretary or Administrator shall notify the Commission, the Committee on Natural Resources of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate of the recommendation that a commemorative work should be located in Area I. The location of a commemorative work in Area I is deemed to be authorized only if the recommendation is approved by law not later than 150 calendar days after the notification. (2) **Area ii.—** — Commemorative works of subjects of lasting historical significance to the American people may be located in Area II. **(c) Reserve.—** After the date of enactment of the Commemorative Works Clarification and Revision Act of 2003, no commemorative work or visitor center shall be located within the Reserve.

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Stable record: federal_law:legal_authorities:record_usc_ea352380a293c56907781047
Source file: Laws/federal/codes/united-states-code/title-40/section-8908-areas-i-and-ii--d8f6cbf7a4.md
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Source location: Title 40, Chapter 89, § 8908; chapter-089-national-capital-memorials-and-commemorative-works.md

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**(a) Availability of Map.—** The Secretary of the Interior or the Administrator of General Services (as appropriate) shall make available, for public inspection at appropriate offices of the National Park Service and the General Services Administration, the map entitled “Commemorative Areas Washington, DC and Environs”, numbered 869/86501 B, and dated June 24, 2003. **(b) Specific Conditions Applicable to Area I and Area II.—** (1) **Area i.—** — After seeking the advice of the National Capital Memorial Advisory Commission, the Secretary or Administrator, as appropriate, may recommend the location of a commemorative work in Area I only if the Secretary or Administrator decides that the subject of the commemorative work is of preeminent historical and lasting significance to the United States. The Secretary or Administrator shall notify the Commission, the Committee on Natural Resources of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate of the recommendation that a commemorative work should be located in Area I. The location of a commemorative work in Area I is deemed to be authorized only if the recommendation is approved by law not later than 150 calendar days after the notification. (2) **Area ii.—** — Commemorative works of subjects of lasting historical significance to the American people may be located in Area II. **(c) Reserve.—** After the date of enactment of the Commemorative Works Clarification and Revision Act of 2003, no commemorative work or visitor center shall be located within the Reserve.

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

40 U.S.C. § 8902 — Definitions and nonapplication

**(a) Definitions.—** In this chapter: (1) **Commemorative work.—** — The term “commemorative work” means any statue, monument, sculpture, memorial, plaque, inscription, or other structure or landscape feature, including a garden or memorial grove, designed to perpetuate in a permanent manner the memory of an individual, group, event or other significant element of American history, except that the term does not include any such item which is located within the interior of a structure or a structure which is primarily used for other purposes. (2) **The district of columbia and its environs.—** — The term “the District of Columbia and its environs” means those lands and properties administered by the National Park Service and the General Services Administration located in the Reserve, Area I, and Area II as depicted on the map entitled “Commemorative Areas Washington, DC and Environs”, numbered 869/86501 B, and dated June 24, 2003. (3) **Reserve.—** — The term “Reserve” means the great cross-axis of the Mall, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, as depicted on the map referenced in paragraph (2). (4) **Sponsor.—** — The term “sponsor” means a public agency, or an individual, group or organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, and which is authorized by Congress to establish a commemorative work in the District of Columbia and its environs. **(b) Nonapplication.—** This chapter does not apply to commemorative works authorized by a law enacted before January 3, 1985.

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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

40 U.S.C. § 8908 — Areas I and II

Page 209 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8909 amount of open space available to residents of, and visitors to, the Nation’s Capital, a site may be designated on land the Secretary administers in the District of Columbia. (b) PLAN.—A designation may be made under subsection (a) only if, at least 120 days before the designation, the Secretary, in consultation with the Commission, prepares and submits to Congress a plan for the site. The plan shall in- clude specifications for the location, construc- tion, and administration of the site and criteria for displaying commemorative works at the site. (c) RISK AND AGREEMENT TO INDEMNIFY.—A commemorative work displayed at the site shall be installed, maintained, and removed at the sole expense and risk of the person authorized to display the work. The person shall agree to in- demnify the United States for any liability aris- ing from the display of the commemorative work under this section. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8907(a) ........ 40:1009(a) (1st sen- tence). Pub. L. 99–652, § 9, Nov. 14, 1986, 100 Stat. 3653; Pub. L. 103–321, § 2(f), Aug. 26, 1994, 108 Stat. 1795. 8907(b) ........ 40:1009(a) (2d, last sentences). 8907(c) ........ 40:1009(b). § 8908. Areas I and II (a) AVAILABILITY OF MAP.—The Secretary of the Interior or the Administrator of General Services (as appropriate) shall make available, for public inspection at appropriate offices of the National Park Service and the General Serv- ices Administration, the map entitled ‘‘Com- memorative Areas Washington, DC and Envi- rons’’, numbered 869/86501 B, and dated June 24, 2003. (b) SPECIFIC CONDITIONS APPLIC

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