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 APPLICABLE TO AREA I AND AREA II.— (1) AREA I.—After seeking the advice of the National Capital Memorial Advisory Commis- sion, the Secretary or Administrator, as ap- propriate, 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 pre- eminent historical and lasting significance to the United States. The Secretary or Adminis- trator shall notify the Commission, the Com- mittee on Natural Resources of the House of Representatives, and the Committee on En- ergy 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 sub- jects 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 Re- serve. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231; Pub. L. 108–126, title II, §§ 202(b), 203(g), Nov. 17, 2003, 117 Stat. 1349, 1352; Pub. L. 111–11, title VII, § 7116(e)(3), Mar. 30, 2009, 123 Stat. 1203.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8908(a) ........ 40:1005. Pub. L. 99–652, § 5, Nov. 14, 1986, 100 Stat. 3651. 8908(b) ........ 40:1006. Pub. L. 99–652, § 6, Nov. 14, 1986, 100 Stat. 3651; Pub. L. 103–321, § 2(c), Aug. 26, 1994, 108 Stat. 1794. In subsection (b)(1), the words ‘‘the Committee on House Administration of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate’’ are substituted for ‘‘the committees of Congress specified in section 1003(b) [sic] of this title’’ for clarity. The reference to section 1003(b) should be to section 1003(d). Editorial Notes REFERENCES IN TEXT The date of enactment of the Commemorative Works Clarification and Revision Act of 2003, referred to in subsec. (c), is the date of enactment of Pub. L. 108–126, which was approved Nov. 17, 2003. AMENDMENTS 2009—Subsec. (b)(1). Pub. L. 111–11 inserted ‘‘Advi- sory’’ before ‘‘Commission’’ in first sentence and sub- stituted ‘‘Natural Resources of the House’’ for ‘‘House Administration of the House’’ in second sentence. 2003—Subsec. (a). Pub. L. 108–126, § 203(g)(2), which di- rected substitution of ‘‘entitled ‘Commemorative Areas Washington, DC and Environs’, numbered 869/86501 B, and dated June 24, 2003’’ for ‘‘numbered 869/86581, and dated May 1, 1986’’, was executed by making the substi- tution for ‘‘numbered 869/86501, and dated May 1, 1986’’ to reflect the probable intent of Congress. Pub. L. 108–126, § 203(g)(1), substituted ‘‘Secretary of the Interior or the Administrator of General Services (as appropriate)’’ for ‘‘Secretary of the Interior and Ad- ministrator of General Services’’. Subsec. (c). Pub. L. 108–126, § 202(b), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendments by Pub. L. 108–126, except for the provi- sion in the amendment made by section 202(b) prohib- iting a visitor center from being located in the Reserve (as defined in section 8902 of this title), are not applica- ble to a commemorative work for which a site was ap- proved 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. § 8909. Administrative (a) MAINTENANCE OF DOCUMENTATION OF DESIGN AND CONSTRUCTION.—Complete documentation of design and construction of each commemorative work located in the District of Columbia and its environs shall be provided to the Secretary of the Interior or Administrator of General Serv- ices, as appropriate, and shall be permanently maintained in the manner provided by law. (b) RESPONSIBILITY FOR MAINTENANCE OF COM- PLETED WORK.—On completion of any commemo- rative work in the District of Columbia and its environs, the Secretary or Administrator, as ap- propriate, shall assume responsibility for main- taining the work.