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40 U.S.C. § 8906 — Criteria for issuance of construction permit

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

40 U.S.C. § 8906 — Criteria for issuance of construction permit

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Stable record: federal_law:legal_authorities:record_usc_fbbce8ba4f78a678ad857d91
Source file: Laws/federal/codes/united-states-code/title-40/section-8906-criteria-for-issuance-of-construction-permit--cc5088dbe3.md
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Source location: Title 40, Chapter 89, § 8906; chapter-089-national-capital-memorials-and-commemorative-works.md

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**(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 on deposit in the Treasury on the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 provided by a sponsor for maintenance pursuant to this subsection shall be credited to a separate account in the Treasury. (3) Money provided by a sponsor pursuant to the provisions of this subsection after the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 shall be credited to a separate account with the National Park Foundation. (4) Upon request of the Secretary or Administrator (as appropriate), the Secretary of the Treasury or the National Park Foundation shall make all or a portion of such moneys available to the Secretary or the Administrator (as appropriate) for the maintenance of a commemorative work. Under no circumstances may the Secretary or Administrator request funds from a separate account exceeding the total money in the account established under paragraph (2) or (3). The Secretary and the Administrator shall maintain an inventory of funds available for such purposes. Funds provided under this paragraph shall be available without further appropriation and shall remain available until expended. **(c) Suspension for Misrepresentation in Fundraising.—** The Secretary of the Interior or Administrator may suspend any activity under this chapter that relates to the establishment of a commemorative work if the Secretary or Administrator determines that fundraising efforts relating to the work have misrepresented an affiliation with the work or the Federal Government. **(d) Annual Report.—** The person authorized to construct a commemorative work under this chapter must submit to the Secretary of the Interior or Administrator an annual report of operations, including financial statements audited by an independent certified public accountant. The person shall pay for the report.

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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

36 U.S.C. § 2113 — World War II memorial in the District of Columbia

**(a) Solicitation and Acceptance of Contributions.—** (1) Consistent with its authority under [section 2103(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section2103/e&num=0&edition=prelim), the American Battle Monuments Commission shall solicit and accept contributions for the World War II memorial. (2) In this section, the term “World War II memorial” means the memorial authorized by Public Law 103–32 ([40 U.S.C. 8903](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8903&num=0&edition=prelim) note) to be established by the Commission on Federal land in the District of Columbia or its environs to honor members of the Armed Forces who served in World War II and to commemorate the participation of the United States in that war. **(b) Creation of Memorial Fund.—** (1) There is hereby created in the Treasury a fund for the World War II memorial, which shall consist of the following: (A) Amounts deposited, and interest and proceeds credited, under paragraph (2). (B) Obligations obtained under paragraph (3). (C) The amount of surcharges paid to the Commission for the World War II memorial under the World War II 50th Anniversary Commemorative Coins Act ([31 U.S.C. 5112](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5112&num=0&edition=prelim) note). (D) Amounts borrowed using the authority provided under subsection (d). (E) Any funds received by the Commission under [section 2114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section2114&num=0&edition=prelim) in exchange for use of, or the right to use, any mark, copyright or patent. (2) The Chairman of the Commission shall deposit in the fund the amounts accepted as contr

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

40 U.S.C. § 8906 — Criteria for issuance of construction per-

Page 207 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8906 1 So in original. Probably should be section ‘‘8902(a)(2).’’ (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 fea- tures of commemorative works shall be com- patible with the climate. (5) MUSEUMS.—No commemorative work pri- marily designed as a museum may be located on lands under the jurisdiction of the Sec- retary in Area I or in East Potomac Park as depicted on the map referenced in section 8902(2).1 (6) SITE-SPECIFIC GUIDELINES.—The National Capital Planning Commission and the Com- mission of Fine Arts may develop such criteria or guidelines specific to each site that are mu- tually agreed upon to ensure that the design of the commemorative work carries out the pur- poses of this chapter. (c) DONOR CONTRIBUTIONS.— (1) ACKNOWLEDGMENT OF DONOR CONTRIBU- TION.—Except as otherwise provided in this subsection, the Secretary of the Interior or Administrator of General Services, as applica- ble, 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 associ- ated with the commemorative work; or (ii) as part of a manmade landscape fea- ture at the commemorative work; and (B) conform to applicable National Park Service or General Services Administration guidelines for donor recognition, as applica- ble. (3) LIMITATIONS.—An acknowledgment under paragraph (1) shall— (A) be limited to an appropriate statement or credit recognizing the co

Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 8906

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