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40 U.S.C. § 8901 — Purposes
Federal law — U.S. Code and appendices · legal_authorities
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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Source file: Laws/federal/codes/united-states-code/title-40/section-8901-purposes--c6ec3d3126.md
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Source location: Title 40, Chapter 89, § 8901; chapter-089-national-capital-memorials-and-commemorative-works.md
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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
The purpose of this subtitle is to provide the Federal Government with an economical and efficient system for the following activities:
(1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting, inspection, storage, issue, setting specifications, identification and classification, transportation and traffic management, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and procedures, and representation before federal and state regulatory bodies.
(2) Using available property.
(3) Disposing of surplus property.
(4) Records management.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 8902
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 8908
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Commemorative works—
(1) may be established on federal lands referred to in [section 8901(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8901/4&num=0&edition=prelim) only as specifically authorized by law; and
(2) are subject to applicable provisions of this chapter.
**(b) Military Commemorative Works.—** A military commemorative work may be authorized only to commemorate a war or similar major military conflict or a branch of the armed forces. A commemorative work solely commemorating a limited military engagement or a unit of an armed force may not be authorized. Commemorative works to a war or similar major military conflict may not be authorized until at least 10 years after the officially designated end of such war or conflict.
**(c) Works Commemorating Events, Individuals, or Groups.—** A commemorative work commemorating an event, individual, or group of individuals, except a military commemorative work as described in subsection (b), may not be authorized until after the 25th anniversary of the event, death of the individual, or death of the last surviving member of the group.
**(d) Consultation with National Capital Memorial Advisory Commission.—** In considering legislation authorizing commemorative works in the District of Columbia and its environs, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate shall solicit the views of the National Capital Memorial Advisory Commission.
**(e) Expiration of Legislative Authority.—** Any legislative authority for a commemorative work shall expire at the end of the seven-year period beginning on the date of the enactment of such authority, or at the end of the seven-year p
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 8903
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Federal law — U.S. Code and appendices · legal_authorities
**(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 Service;
(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 Administration; and
(8) the Secretary of Defense.
**(b) Chairman.—** The Director is the Chairman of the National Capital Memorial Advisory Commission.
**(c) Advisory Role.—** The National Capital Memorial Advisory Commission shall advise the Secretary of the Interior and the Administrator of General Services (as appropriate) on policy and procedures for establishment of, and proposals to establish, commemorative works in the District of Columbia and its environs and on other matters concerning commemorative works in the Nation’s Capital as the Commission considers appropriate.
**(d) Meetings.—** The National Capital Memorial Advisory Commission shall meet at least twice annually.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 8904
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 8905
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria for Issuing Permit.—** Before issuing a permit for the construction of a commemorative work in the District of Columbia and its environs, the Secretary of the Interior or Administrator of General Services, as appropriate, shall determine that—
(1) the site and design have been approved by the Secretary or Administrator, the National Capital Planning Commission and the Commission of Fine Arts;
(2) knowledgeable individuals qualified in the field of preservation and maintenance have been consulted to determine structural soundness and durability of the commemorative work and to ensure that the commemorative work meets high professional standards;
(3) the sponsor authorized to construct the commemorative work has submitted contract documents for construction of the commemorative work to the Secretary or Administrator; and
(4) the sponsor authorized to construct the commemorative work has available sufficient amounts to complete construction of the project.
**(b) Donation for Perpetual Maintenance and Preservation.—**
(1) In addition to the criteria described above in subsection (a), no construction permit shall be issued unless the sponsor authorized to construct the commemorative work has donated an amount equal to 10 percent of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation of the commemorative work. All such amounts shall be available for those purposes pursuant to the provisions of this subsection. The provisions of this subsection shall not apply in instances when the commemorative work is constructed by a Department or agency of the Federal Government and less than 50 percent of the funding for such work is provided by private sources.
(2) Notwithstanding any other provision of law, money o
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 8906
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Federal law — U.S. Code and appendices · legal_authorities
Page 202
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 8736
1 Section catchline amended by Pub. L. 108–126 without cor-
responding amendment of analysis.
(c) PAYING
EXPENSES
AND
DEPOSITING
PRO-
CEEDS.—The Secretary—
(1) may pay the reasonable and necessary ex-
penses of the sale of each parcel of land sold;
and
(2) shall deposit the net proceeds of each sale
in the Treasury to the credit of the Govern-
ment and the District of Columbia in the pro-
portion that each—
(A) paid the appropriations used to acquire
the parcels; or
(B) was obligated to pay the appropria-
tions, at the time of acquisition, by reim-
bursement.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1226.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8735(a) ........
40:74a.
Aug. 5, 1939, ch. 449, §§ 4–6, 53
Stat. 1211.
8735(b) ........
40:74b.
8735(c) ........
40:74c.
In subsection (a), the words ‘‘in his discretion’’, ‘‘and
convey, in whole or in part’’, and ‘‘proper’’ are omitted
as unnecessary.
In subsection (b), reference to sections 72c to 72e is
omitted as unnecessary because the Secretary of the
Interior does not have authority to sell land under
those sections.
§ 8736. Execution of deeds
The Mayor of the District of Columbia may
execute deeds of conveyance for real estate sold
under this subchapter. The deeds shall contain a
full description of the land sold as required by
law.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8736 ............
40:72e.
Aug. 5, 1939, ch. 449, § 3, 53
Stat. 1211.
The word ‘‘proper’’ is omitted as unnecessary. The
words ‘‘as required by’’ are substituted for ‘‘either by
metes and bounds, or oth
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 8901
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