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 Secretary of Defense. (b) CHAIRMAN.—The Director is the Chairman of the National Capital Memorial Advisory Com- mission. (c) ADVISORY ROLE.—The National Capital Me- morial 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 pro- posals 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 Commis- sion considers appropriate. (d) MEETINGS.—The National Capital Memorial Advisory Commission shall meet at least twice annually. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1229; Pub. L. 108–126, title II, § 203(d), Nov. 17, 2003, 117 Stat. 1351; Pub. L. 111–11, title VII, § 7116(e)(2), Mar. 30, 2009, 123 Stat. 1203.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8904(a), (b) 40:1004(a). Pub. L. 99–652, § 4, Nov. 14, 1986, 100 Stat. 3651. 8904(c) ........ 40:1004(b) (1st sen- tence). 8904(d) ........ 40:1004(b) (last sen- tence). Editorial Notes AMENDMENTS 2009—Subsec. (b). Pub. L. 111–11 inserted ‘‘Advisory’’ before ‘‘Commission’’. 2003—Pub. L. 108–126, § 203(d)(1), inserted ‘‘Advisory’’ before ‘‘Commission’’ in section catchline. Subsec. (a). Pub. L. 108–126, § 203(d)(2), substituted ‘‘There is established the National Capital Memorial Advisory Commission, which shall be composed of’’ for ‘‘There is a National Capital Memorial Commission. The membership of the Commission consists of’’ in in- troductory provisions. Subsec. (c). Pub. L. 108–126, § 203(d)(3), inserted ‘‘Advi- sory’’ before ‘‘Commission shall’’ and substituted ‘‘Services (as appropriate)’’ for ‘‘Services’’. Subsec. (d). Pub. L. 108–126, § 203(d)(4), inserted ‘‘Advi- sory’’ before ‘‘Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title. TERMINATION OF ADVISORY COMMISSIONS Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Em- ployees. § 8905. Site and design approval (a) CONSULTATION ON, AND SUBMISSION OF, PRO- POSALS.—A sponsor authorized by law to estab- lish 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 con- sult with the National Capital Memorial Advi- sory Commission regarding the selection of al- ternative 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 be- half of the sponsor, site and design proposals to the Commission of Fine Arts and the Na- tional 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 fol- lowing criteria: (1) SURROUNDINGS.—To the maximum extent possible, a commemorative work shall be lo- cated 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 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 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 commen- surate 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 com- memorative work; or (ii) any object in a museum collection. (4) COST.—The sponsor shall bear all ex- penses related to the display of donor ac- knowledgments under paragraph (1). (5) APPLICABILITY.—This subsection shall apply to any commemorative work dedicated after January 1, 2010. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1229; Pub. L. 108–126, title II, §§ 203(e), 204, Nov. 17, 2003, 117 Stat. 1351, 1352; Pub. L. 113–291, div. B, title XXX, § 3054(c), Dec. 19, 2014, 128 Stat. 3807.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8905(a) ........ 40:1007(a). Pub. L. 99–652, § 7, Nov. 14, 1986, 100 Stat. 3652; Pub. L. 103–321, § 2(d), Aug. 26, 1994, 108 Stat. 1794. 8905(b) ........ 40:1007(b). Editorial Notes AMENDMENTS 2014—Subsec. (b)(7). Pub. L. 113–291, § 3054(c)(1), struck out par. (7). Text read as follows: ‘‘Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site.’’ Subsec. (c). Pub. L. 113–291, § 3054(c)(2), added subsec. (c). 2003—Subsec. (a). Pub. L. 108–126, § 203(e)(1)(A), sub- stituted ‘‘sponsor’’ for ‘‘person’’ wherever appearing. Subsec. (a)(1). Pub. L. 108–126, § 203(e)(1)(B), inserted ‘‘Advisory’’ before ‘‘Commission’’ and substituted ‘‘de- sign concepts’’ for ‘‘designs’’. Subsec. (b). Pub. L. 108–126, § 203(e)(2)(A), substituted ‘‘and the Secretary or Administrator (as appropriate)’’ for ‘‘Secretary, and Administrator’’ in introductory provisions. Subsec. (b)(2)(B). Pub. L. 108–126, § 203(e)(2)(B), sub- stituted ‘‘open space, existing public use, and cultural and natural resources.’’ for ‘‘open space and existing public use.’’ Subsec. (b)(5) to (7). Pub. L. 108–126, § 204, added pars. (5) to (7). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title. § 8906. Criteria for issuance of construction per- mit (a) CRITERIA FOR ISSUING PERMIT.—Before issuing a permit for the construction of a com- memorative work in the District of Columbia and its environs, the Secretary of the Interior or Administrator of General Services, as appro- priate, shall determine that— (1) the site and design have been approved by the Secretary or Administrator, the National Capital Planning Commission and the Com- mission 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 commemora- tive work and to ensure that the commemora- tive work meets high professional standards; (3) the sponsor authorized to construct the commemorative work has submitted contract documents for construction of the commemo- rative work to the Secretary or Adminis- trator; and (4) the sponsor authorized to construct the commemorative work has available sufficient amounts to complete construction of the project.