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group, event or other significant element of American history; but
(B) does not include an item described in subclause (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 exempt from tax under section 501(a) of the Code (26 U.S.C. 501(a)); and
(ii) authorized by Congress to establish a commemorative 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.
(b) NONAPPLICATION.-This chapter does not apply to commemorative works authorized by a law enacted before January 3, 1985.
§ 8903. Congressional
authorization of commemorative
(a) IN GENERAL.-Commemorative works
(1) may be established on federal lands referred to in section 8901(4) of this title only as specifically authorized by law; and
(2) are subject to applicable provisions of this chapter. (b) MILITARY COMMEMORATIVE WORKS.-A military commemorative work may be authorized only to commemorate a war or similar major military conflict or a branch of the armed forces. A commemorative work commemorating a lesser conflict or a unit of an armed force may not be authorized. Commemorative works to a war or similar major military conflict may not be authorized until at least 10 years after the officially designated end of the event.
(c) WORKS COMMEMORATING EVENTS, INDIVIDUALS, OR GROUPS.A commemorative work commemorating an event, individual, or group of individuals, except a military commemorative work as described in subsection (b), may not be authorized until after the 25th anniversary of the event, death of the individual, or death of the last surviving member of the group.
(d) CONSULTATION WITH NATIONAL CAPITAL MEMORIAL COMMISSION. In considering legislation authorizing commemorative works in the District of Columbia and its environs, the Committee on House Administration of the House of Representatives and the Committee on Energy and Natural Resources of the Senate shall solicit the views of the National Capital Memorial Commission. (e) EXPIRATION OF LEGISLATIVE AUTHORITY.-Legislative authority for a commemorative work expires at the end of the seven-year period beginning on the date the authority is enacted unless the Secretary of the Interior or Administrator of General Services, as appropriate, has issued a construction permit for the commemorative work during that period.
§ 8904. National Capital Memorial Commission
(a) ESTABLISHMENT AND COMPOSITION.-There is a National Capital Memorial Commission. The membership of the Commission consists of
(1) the Director of the National Park Service;
(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 Administration; and
(8) the Secretary of Defense.
(b) CHAIRMAN.-The Director is the Chairman of the National Capital Memorial Commission.
(c) ADVISORY ROLE.-The National Capital Memorial Commission shall advise the Secretary of the Interior and the Administrator of General Services on policy and procedures for establishment of, and proposals 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 Commission considers appropriate.
(d) MEETINGS.-The National Capital Memorial Commission shall meet at least twice annually.
§ 8905. Site and design approval
(a) CONSULTATION ON, AND SUBMISSION OF, PROPOSALS.—A person 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
(1) CONSULTATION.-The person must consult with the National Capital Memorial Commission regarding the selection of alternative sites and designs 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 person, 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, Secretary, and Administrator 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 and existing public use.
(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.
§ 8906. Criteria for issuance of construction permit
(a) CRITERIA FOR ISSUING PERMIT.-Before issuing a permit for the construction of a commemorative work in the District of Columbia and its environs, the Secretary of the Interior or Administrator of General Services, as appropriate, shall determine that(1) the site and design have been approved by the Secretary or Administrator, the National Capital Planning Commission and the Commission 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 commemorative work and to ensure that the commemorative work meets high professional standards;
(3) the person authorized to construct the commemorative work has submitted contract documents for construction of the commemorative work to the Secretary or Administrator; and
(4) the person authorized to construct the commemorative work has available sufficient amounts to complete construction of the project.
(b) DONATION FOR PERPETUAL MAINTENANCE AND PRESERVATION.
(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 commemorative work has donated an amount equal to 10 percent of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation 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 Interior or Administrator. The Secretary of the Interior or Administrator shall not request more from the separate account than the total amount deposited by persons establishing commemorative works in areas the Secretary of the Interior or Administrator administers.
(3) INVENTORY OF AVAILABLE AMOUNTS.-The Secretary of the Interior and Administrator shall maintain an inventory of amounts available under this subsection. The amounts are not subject to annual appropriations.
(4) NONAPPLICABILITY.-This subsection does not apply when a department or agency of the Federal Government constructs the work and less than 50 percent of the funding for the work is provided by private sources.
(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 Administrator determines that fundraising efforts relating to the work have misrepresented an affiliation with the work or the Federal Government.
(d) ANNUAL REPORT.-The person authorized to construct a commemorative work under this chapter must submit to the Secretary of the Interior or Administrator an annual report of operations, including financial statements audited by an independent certified public accountant. The person shall pay for the report. § 8907. Temporary site designation
(a) CRITERION FOR DESIGNATION.-If the Secretary of the Interior, in consultation with the National Capital Memorial Commission, determines that a site where commemorative works may be displayed on a temporary basis is necessary to aid in the preservation of the limited 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 include specifications for the location, construction, 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 indemnify the United States for any liability arising from the display of the commemorative work under this section.
§ 8908. Areas I and II
(a) AVAILABILITY OF MAP.-The Secretary of the Interior and Administrator of General Services shall make available, for public inspection at appropriate offices of the National Park Service and the General Services Administration, the map numbered 869/86581, and dated May 1, 1986.
(b) SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II.— (1) AREA I.-After seeking the advice of the National Capital Memorial Commission, the Secretary or Administrator, as appropriate, 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 preeminent historical and lasting significance to the United States. The Secretary or Administrator shall notify the Commission, the Committee on House Administration of the House of Representatives, and the Committee on Energy 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 subjects of lasting historical significance to the American people may be located
in Area II.
§ 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
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Administrator of General Services, as appropriate, and shall be permanently maintained in the manner provided by law.
(b) RESPONSIBILITY FOR MAINTENANCE OF COMPLETED WORK.On completion of any commemorative work in the District of Columbia and its environs, the Secretary or Administrator, as appropriate, shall assume responsibility for maintaining the work. (c) REGULATIONS OR STANDARDS.-The Secretary and Administrator shall prescribe appropriate regulations or standards to carry out this chapter.
9104. Authorization of appropriations.
§ 9101. Establishment, composition, and vacancies
(a) ESTABLISHMENT.-There is a Commission of Fine Arts.
(b) COMPOSITION.-The Commission is composed of seven wellqualified judges of the fine arts, appointed by the President, who serve for four years each or until their successors are appointed and qualified.
(c) VACANCIES.-The President shall fill vacancies on the Commission.
(d) EXPENSES.-Members of the Commission shall be paid actual expenses in traveling to and from the District of Columbia to attend Commission meetings and while attending those meetings. $9102. Duties
(a) IN GENERAL.-The Commission of Fine Arts shall advise on(1) the location of statues, fountains, and monuments in the public squares, streets, and parks in the District of Columbia;
(2) the selection of models for statues, fountains, and monuments erected under the authority of the Federal Government; (3) the selection of artists to carry out clause (2); and
(4) questions of art generally when required to do so by the President or a committee of Congress.
(b) DUTY TO REQUEST ADVICE.-The officers required to decide the questions described in subsection (a)(1) (3) shall request the Commission to provide the advice.
(c) NONAPPLICATION.-This section does not apply to the Capitol Building and the Library of Congress buildings.
The Commission of Fine Arts has a secretary and other assistance the Commission authorizes. The secretary is the executive officer of the Commission.
§ 9104. Authorization of appropriations
Necessary amounts may be appropriated to carry out this chapter.
CHAPTER 93-THEODORE ROOSEVELT ISLAND
Maintenance and administration.
9302. Consent of Theodore Roosevelt Association required for development.