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

Page 203 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8903 amendment made by section 202(b) [amending section 8908 of this title] prohibiting a visitor center from being located in the Reserve (as defined in section 8902 of title 40, United States Code), nothing in this title [see Short Title of 2003 Amendment note set out under section 101 of this title] shall apply to a commemora- tive work for which a site was approved in accordance with chapter 89 of title 40, United States Code, prior to the date of enactment of this title [Nov. 17, 2003].’’ FINDINGS Pub. L. 108–126, title II, § 202(a), Nov. 17, 2003, 117 Stat. 1349, provided that: ‘‘Congress finds that— ‘‘(1) the great cross-axis of the Mall in the District of Columbia, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, is a substantially completed work of civic art; and ‘‘(2) to preserve the integrity of the Mall, a reserve area should be designated within the core of the great cross-axis of the Mall where the siting of new com- memorative works is prohibited.’’ § 8902. Definitions and nonapplication (a) DEFINITIONS.—In this chapter: (1) COMMEMORATIVE WORK.—The term ‘‘com- memorative work’’ means any statue, monu- ment, sculpture, memorial, plaque, inscrip- tion, or other structure or landscape feature, including a garden or memorial grove, de- signed 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 pri- marily used for other purposes. (2) THE DISTRICT OF COLUMBIA AND ITS ENVI- RONS.—The term ‘‘the District of Columbia and its environs’’ means those lands and prop- erties administered by the National Park Service and the General Services Administra- tion located in the Reserve, Area I, and Area II as depicted on the map entitled ‘‘Commemo- rative 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 gen- erally 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 orga- nization 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 Co- lumbia and its environs. (b) NONAPPLICATION.—This chapter does not apply to commemorative works authorized by a law enacted before January 3, 1985. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227; Pub. L. 108–126, title II, § 203(b), Nov. 17, 2003, 117 Stat. 1350.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8902(a) ........ 40:1002. Pub. L. 99–652, § 2, Nov. 14, 1986, 100 Stat. 3650; Pub. L. 103–321, § 2(a), Aug. 26, 1994, 108 Stat. 1793. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 8902(b) ........ 40:1010(e). Pub. L. 99–652, § 10(e), Nov. 14, 1986, 100 Stat. 3654. In subsection (a), the text of 40:1002(a) and (b) is omit- ted as unnecessary because the complete names of the Secretary of the Interior and the Administrator of Gen- eral Services are used the first time the terms appear in a section. In subsection (a)(3), the words ‘‘notwithstanding any other provision of law’’ are omitted as unnecessary. The words ‘‘Administrator of General Services’’ are substituted for ‘‘General Services Administration’’ be- cause of section 101(b) of the Federal Property and Ad- ministrative Services Act of 1949 (ch. 288, 63 Stat. 379), which is restated as section 302(a) of the revised title. In subsection (b), the words ‘‘January 3, 1985’’ are substituted for ‘‘the commencement of the Ninety- ninth Congress’’ for clarity. Editorial Notes REFERENCES IN TEXT Section 501 of the Internal Revenue Code of 1986, re- ferred to in subsec. (a)(4), is classified to section 501 of Title 26, Internal Revenue Code. AMENDMENTS 2003—Subsec. (a). Pub. L. 108–126 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: ‘‘In this chapter, the following defini- tions apply: ‘‘(1) COMMEMORATIVE WORK.—The term ‘commemo- rative work’— ‘‘(A) means any statue, monument, sculpture, me- morial, plaque, inscription, or other structure or landscape feature, including a garden or memorial grove, designed to perpetuate in a permanent man- ner the memory of an individual, group, event or other significant element of American history; but ‘‘(B) does not include an item described in sub- clause (A) that is located within the interior of a structure or a structure which is primarily used for other purposes. ‘‘(2) PERSON.—The term ‘person’ means— ‘‘(A) a public agency; and ‘‘(B) an individual, group or organization— ‘‘(i) described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and ex- empt from tax under section 501(a) of the Code (26 U.S.C. 501(a)); and ‘‘(ii) authorized by Congress to establish a com- memorative work in the District of Columbia and its environs. ‘‘(3) THE DISTRICT OF COLUMBIA AND ITS ENVIRONS.— The term ‘the District of Columbia and its environs’ means land and property located in Areas I and II as depicted on the map numbered 869/86581, and dated May 1, 1986, that the National Park Service and the Administrator of General Services administer.’’ 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. § 8903. Congressional authorization of commemo- rative works (a) IN GENERAL.—Commemorative works— (1) may be established on federal lands re- ferred to in section 8901(4) of this title only as specifically authorized by law; and