40 U.S. Code § 8905 - Site and design approval

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(a) Consultation on, and Submission of, Proposals.— A sponsor authorized by law to establish 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 consult with the National Capital Memorial Advisory Commission regarding the selection of alternative 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 behalf of the sponsor, site and design proposals to the Commission of Fine Arts and the National 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 following criteria:
(1) Surroundings.— To the maximum extent possible, a commemorative work shall be located 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
(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 features of commemorative works shall be compatible with the climate.
(5) Museums.— No commemorative work primarily designed as a museum may be located on lands under the jurisdiction of the Secretary 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 Commission of Fine Arts may develop such criteria or guidelines specific to each site that are mutually agreed upon to ensure that the design of the commemorative work carries out the purposes of this chapter.
(7) Donor contributions.— Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site.

[1] So in original. Probably should be section “8902(a)(2).”


(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.)

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).


2003—Subsec. (a). Pub. L. 108–126, § 203(e)(1)(A), substituted “sponsor” for “person” wherever appearing.
Subsec. (a)(1). Pub. L. 108–126, § 203(e)(1)(B), inserted “Advisory” before “Commission” and substituted “design 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), substituted “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).
Effective Date of 2003 Amendment

Amendments by Pub. L. 108–126not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 ofPub. L. 108–126, set out as a note under section 8901 of this title.


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