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 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. Page 208 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8907 (b) DONATION FOR PERPETUAL MAINTENANCE AND PRESERVATION.— (1) In addition to the criteria described above in subsection (a), no construction per- mit shall be issued unless the sponsor author- ized to construct the commemorative work has donated an amount equal to 10 percent of the total estimated cost of construction to off- set the costs of perpetual maintenance and preservation of the commemorative work. All such amounts shall be available for those pur- poses pursuant to the provisions of this sub- section. The provisions of this subsection shall not apply in instances when the commemora- tive 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 pursu- ant 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 Na- tional Park Foundation. (4) Upon request of the Secretary or Admin- istrator (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 Adminis- trator (as appropriate) for the maintenance of a commemorative work. Under no cir- cumstances may the Secretary or Adminis- trator request funds from a separate account exceeding the total money in the account es- tablished under paragraph (2) or (3). The Sec- retary and the Administrator shall maintain an inventory of funds available for such pur- poses. Funds provided under this paragraph shall be available without further appropria- tion and shall remain available until ex- pended. (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 Ad- ministrator determines that fundraising efforts relating to the work have misrepresented an af- filiation with the work or the Federal Govern- ment. (d) ANNUAL REPORT.—The person authorized to construct a commemorative work under this chapter must submit to the Secretary of the In- terior or Administrator an annual report of op- erations, including financial statements audited by an independent certified public accountant. The person shall pay for the report. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1230; Pub. L. 108–126, title II, § 203(f), Nov. 17, 2003, 117 Stat. 1351.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8906(a) ........ 40:1008(a). Pub. L. 99–652, § 8, Nov. 14, 1986, 100 Stat. 3652; Pub. L. 103–321, § 2(e), Aug. 26, 1994, 108 Stat. 1794. 8906(b)(1) .... 40:1008(b) (words be- fore proviso), cl. (1). 8906(b)(2), (3). 40:1008(b)(2). 8906(b)(4) .... 40:1008(b) (proviso). 8906(c) ........ 40:1008(c)(1). 8906(d) ........ 40:1008(c)(2). In subsection (b)(1), the words ‘‘Notwithstanding any other provision of law’’ are omitted as unnecessary. In subsection (b)(2), the words ‘‘Congress authorizes and directs that’’ are omitted as unnecessary. Editorial Notes REFERENCES IN TEXT The date of enactment of the Commemorative Works Clarification and Revision Act of 2003, referred to in subsec. (b)(2), (3), is the date of enactment of Pub. L. 108–126, which was approved on Nov. 17, 2003. AMENDMENTS 2003—Subsec. (a)(3), (4). Pub. L. 108–126, § 203(f)(1), sub- stituted ‘‘sponsor’’ for ‘‘person’’. Subsec. (b). Pub. L. 108–126, § 203(f)(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘(1) AMOUNT.—In addition to the criteria described in subsection (a), a construction permit may not be issued unless the person authorized to construct the com- memorative work has donated an amount equal to 10 percent of the total estimated cost of construction to offset the costs of perpetual maintenance and preserva- tion of the commemorative work. The amounts shall be credited to a separate account in the Treasury. ‘‘(2) AVAILABILITY.—The Secretary of the Treasury shall make any part of the donated amount available to the Secretary of the Interior or Administrator for maintenance at the request of the Secretary of the In- terior or Administrator. The Secretary of the Interior or Administrator shall not request more from the sepa- rate account than the total amount deposited by per- sons establishing commemorative works in areas the Secretary of the Interior or Administrator administers. ‘‘(3) INVENTORY OF AVAILABLE AMOUNTS.—The Sec- retary of the Interior and Administrator shall maintain an inventory of amounts available under this sub- section. The amounts are not subject to annual appro- priations. ‘‘(4) NONAPPLICABILITY.—This subsection does not apply when a department or agency of the Federal Gov- ernment constructs the work and less than 50 percent of the funding for the work is provided by private sources.’’ 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. § 8907. Temporary site designation (a) CRITERION FOR DESIGNATION.—If the Sec- retary of the Interior, in consultation with the National Capital Memorial Commission, deter- mines that a site where commemorative works may be displayed on a temporary basis is nec- essary to aid in the preservation of the limited