§ 8734 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS Page 170

§ 8734. Sale of land by Mayor (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1226.)

(a) AUTHORITY TO SELL.—With the approval of HISTORICAL AND REVISION NOTES the National Capital Planning Commission, the Revised Mayor of the District of Columbia, for the best Section Source (U.S. Code) Source (Statutes at Large) interests of the District of Columbia, may sell 8735(a) ...... 40:74a. Aug. 5, 1939, ch. 449, §§ 4–6, 53 to the highest bidder at public or private sale Stat. 1211. real estate in the District of Columbia owned in 8735(b) ...... 40:74b. fee simple by the District of Columbia for mu- 8735(c) ...... 40:74c. nicipal use that the Council of the District of In subsection (a), the words ‘‘in his discretion’’, ‘‘and Columbia and the Commission find to be no convey, in whole or in part’’, and ‘‘proper’’ are omitted longer required for public purposes. as unnecessary. (b) PAYING EXPENSES AND DEPOSITING PRO- In subsection (b), reference to sections 72c to 72e is CEEDS.—The Mayor— omitted as unnecessary because the Secretary of the (1) may pay the reasonable and necessary ex- Interior does not have authority to sell land under penses of the sale of each parcel of land sold; those sections. and (2) shall deposit the net proceeds of each sale § 8736. Execution of deeds in the Treasury to the credit of the District of The Mayor of the District of Columbia may Columbia. execute deeds of conveyance for real estate sold (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1226.) under this subchapter. The deeds shall contain a full description of the land sold as required by HISTORICAL AND REVISION NOTES law. Revised (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227.) Section Source (U.S. Code) Source (Statutes at Large)

8734(a) ...... 40:72c. Aug. 5, 1939, ch. 449, §§ 1, 2, 53 HISTORICAL AND REVISION NOTES Stat. 1211. 8734(b) ...... 40:72d. Revised Section Source (U.S. Code) Source (Statutes at Large)

In subsection (a), the words ‘‘in his discretion’’, ‘‘and 8736 ...... 40:72e. Aug. 5, 1939, ch. 449, § 3, 53 convey, in whole or in part’’, and ‘‘now or hereafter’’ Stat. 1211. are omitted as unnecessary. The word ‘‘proper’’ is omitted as unnecessary. The § 8735. Sale of land by Secretary of the Interior words ‘‘as required by’’ are substituted for ‘‘either by metes and bounds, or otherwise according to’’ to elimi- (a) AUTHORITY TO SELL.—With the approval of the National Capital Planning Commission, the nate unnecessary words. Secretary of the Interior, for the best interests § 8737. Authorization of appropriations of the Federal Government, may sell, by deed or instrument, real estate held by the Government An amount equal to not more than one cent in the District of Columbia and under the juris- for each inhabitant of the continental United diction of the which may States as determined by the last preceding de- be no longer needed for public purposes. The cennial census may be appropriated each year in land may be sold for cash or on a deferred-pay- the District of Columbia Appropriation Act for ment plan the Secretary approves, at a price not the National Capital Planning Commission to less than the Government paid for it and not use for the payment of its expenses and for the less than its appraised value as deter- acquisition of land the Commission may acquire mined by the Secretary. under section 8731 of this title for the purposes (b) SALE TO HIGHEST BIDDER.—In selling any named, including compensation for the land, parcel of land under this section, the Secretary surveys, ascertainment of title, condemnation shall have public or private solicitation for bids proceedings, and necessary conveyancing. The or offers be made as the Secretary considers ap- appropriated amounts shall be paid from the propriate. The Secretary shall sell the parcel to revenues of the District of Columbia and the the party agreeing to pay the highest price if general amounts of the Treasury in the same the price is otherwise satisfactory. If the price proportion as other expenses of the District of offered or bid by the owner of land abutting the Columbia. land to be sold equals the highest price offered (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227.) or bid by any other party, the parcel may be sold to the owner of the abutting land. HISTORICAL AND REVISION NOTES (c) PAYING EXPENSES AND DEPOSITING PRO- Revised CEEDS.—The Secretary— Section Source (U.S. Code) Source (Statutes at Large) (1) may pay the reasonable and necessary ex- 8737 ...... 40:73 (1st, 2d sen- June 6, 1924, ch. 270, § 12 (1st, penses of the sale of each parcel of land sold; tences). 2d sentences), formerly § 3 and (1st, 2d sentences), 43 (2) shall deposit the net proceeds of each sale Stat. 463; renumbered § 12, July 19, 1952, ch. 949, § 2 in the Treasury to the credit of the Govern- (1st sentence), 66 Stat. 791. ment and the District of Columbia in the pro- portion that each— CHAPTER 89—NATIONAL CAPITAL (A) paid the appropriations used to acquire MEMORIALS AND COMMEMORATIVE WORKS the parcels; or (B) was obligated to pay the appropria- Sec. tions, at the time of acquisition, by reim- 8901. Purposes. bursement. 8902. Definitions and nonapplication. Page 171 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8902

8903. Congressional authorization of commemora- cross-axis of the Mall where the siting of new com- tive works. memorative works is prohibited.’’ 8904. National Capital Memorial Commission.1 8905. Site and design approval. 8906. Criteria for issuance of construction permit. § 8902. Definitions and nonapplication 8907. Temporary site designation. 8908. Areas I and II. (a) DEFINITIONS.—In this chapter: 8909. Administrative. (1) COMMEMORATIVE WORK.—The term ‘‘com- memorative work’’ means any statue, monu- § 8901. Purposes ment, sculpture, memorial, plaque, inscrip- The purposes of this chapter are— tion, or other structure or landscape feature, (1) to preserve the integrity of the compre- including a garden or memorial grove, de- hensive design of the L’Enfant and McMillan signed to perpetuate in a permanent manner plans for the Nation’s Capital; the memory of an individual, group, event or (2) to ensure the continued public use and other significant element of American history, enjoyment of open space in the District of Co- except that the term does not include any lumbia and its environs, and to encourage the such item which is located within the interior location of commemorative works within the of a structure or a structure which is pri- urban fabric of the District of Columbia; marily used for other purposes. (3) to preserve, protect and maintain the (2) THE DISTRICT OF COLUMBIA AND ITS ENVI- limited amount of open space available to resi- RONS.—The term ‘‘the District of Columbia dents of, and visitors to, the Nation’s Capital; and its environs’’ means those lands and prop- and erties administered by the National Park (4) to ensure that future commemorative Service and the General Services Administra- works in areas administered by the National tion located in the Reserve, Area I, and Area Park Service and the Administrator of Gen- II as depicted on the map entitled ‘‘Commemo- eral Services in the District of Columbia and rative Areas Washington, DC and Environs’’, its environs— numbered 869/86501 B, and dated June 24, 2003. (A) are appropriately designed, con- (3) RESERVE.—The term ‘‘Reserve’’ means structed, and located; and the great cross-axis of the Mall, which gener- (B) reflect a consensus of the lasting na- ally extends from the to tional significance of the subjects involved. the , and from the to the , as depicted (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227; Pub. on the map referenced in paragraph (2). L. 108–126, title II, § 203(a), Nov. 17, 2003, 117 Stat. (4) SPONSOR.—The term ‘‘sponsor’’ means a 1349.) public agency, or an individual, group or orga- HISTORICAL AND REVISION NOTES nization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt Revised from tax under section 501(a) of such Code, and Section Source (U.S. Code) Source (Statutes at Large) which is authorized by Congress to establish a 8901 ...... 40:1001. Pub. L. 99–652, § 1, Nov. 14, commemorative work in the District of Co- 1986, 100 Stat. 3650. lumbia and its environs. AMENDMENTS (b) NONAPPLICATION.—This chapter does not 2003—Par. (2). Pub. L. 108–126 substituted ‘‘Columbia apply to commemorative works authorized by a and its environs, and to encourage the location of com- law enacted before January 3, 1985. memorative works within the urban fabric of the Dis- trict of Columbia;’’ for ‘‘Columbia;’’. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227; Pub. L. 108–126, title II, § 203(b), Nov. 17, 2003, 117 Stat. EFFECTIVE DATE OF 2003 AMENDMENT 1350.) Pub. L. 108–126, title II, § 205, Nov. 17, 2003, 117 Stat. HISTORICAL AND REVISION NOTES 1353, provided that: ‘‘Except for the provision in the amendment made by section 202(b) [amending section Revised 8908 of this title] prohibiting a visitor center from Section Source (U.S. Code) Source (Statutes at Large) being located in the Reserve (as defined in section 8902 8902(a) ...... 40:1002. Pub. L. 99–652, § 2, Nov. 14, of title 40, United States Code), nothing in this title 1986, 100 Stat. 3650; Pub. L. [see Short Title of 2003 Amendment note set out under 103–321, § 2(a), Aug. 26, section 101 of this title] shall apply to a commemora- 1994, 108 Stat. 1793. 8902(b) ...... 40:1010(e). Pub. L. 99–652, § 10(e), Nov. tive work for which a site was approved in accordance 14, 1986, 100 Stat. 3654. with chapter 89 of title 40, United States Code, prior to the date of enactment of this title [Nov. 17, 2003].’’ In subsection (a), the text of 40:1002(a) and (b) is omit- FINDINGS ted as unnecessary because the complete names of the Secretary of the Interior and the Administrator of Gen- Pub. L. 108–126, title II, § 202(a), Nov. 17, 2003, 117 Stat. eral Services are used the first time the terms appear 1349, provided that: ‘‘Congress finds that— in a section. ‘‘(1) the great cross-axis of the Mall in the District In subsection (a)(3), the words ‘‘notwithstanding any of Columbia, which generally extends from the other provision of law’’ are omitted as unnecessary. United States Capitol to the Lincoln Memorial, and The words ‘‘Administrator of General Services’’ are from the White House to the Jefferson Memorial, is a substituted for ‘‘General Services Administration’’ be- substantially completed work of civic art; and cause of section 101(b) of the Federal Property and Ad- ‘‘(2) to preserve the integrity of the Mall, a reserve ministrative Services Act of 1949 (ch. 288, 63 Stat. 379), area should be designated within the core of the great which is restated as section 302(a) of the revised title. In subsection (b), the words ‘‘January 3, 1985’’ are 1 Section catchline amended by Pub. L. 108–126 without cor- substituted for ‘‘the commencement of the Ninety- responding amendment of analysis. ninth Congress’’ for clarity. § 8903 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS Page 172

REFERENCES IN TEXT legislation authorizing commemorative works Section 501 of the Internal Revenue Code of 1986, re- in the District of Columbia and its environs, the ferred to in subsec. (a)(4), is classified to section 501 of Committee on Natural Resources of the House of Title 26, Internal Revenue Code. Representatives and the Committee on Energy

AMENDMENTS and Natural Resources of the Senate shall so- licit the views of the National Capital Memorial 2003—Subsec. (a). Pub. L. 108–126 added subsec. (a) and Advisory Commission. struck out heading and text of former subsec. (a). Text (e) EXPIRATION OF LEGISLATIVE AUTHORITY.— read as follows: ‘‘In this chapter, the following defini- tions apply: Any legislative authority for a commemorative ‘‘(1) COMMEMORATIVE WORK.—The term ‘commemo- work shall expire at the end of the seven-year rative work’— period beginning on the date of the enactment of ‘‘(A) means any statue, monument, sculpture, me- such authority, or at the end of the seven-year morial, plaque, inscription, or other structure or period beginning on the date of the enactment of landscape feature, including a garden or memorial legislative authority to locate the commemora- grove, designed to perpetuate in a permanent man- tive work within Area I, if such additional au- ner the memory of an individual, group, event or thority has been granted, unless— other significant element of American history; but ‘‘(B) does not include an item described in sub- (1) the Secretary of the Interior or the Ad- clause (A) that is located within the interior of a ministrator of General Services (as appro- structure or a structure which is primarily used for priate) has issued a construction permit for other purposes. the commemorative work during that period; ‘‘(2) PERSON.—The term ‘person’ means— or ‘‘(A) a public agency; and (2) the Secretary or the Administrator (as ‘‘(B) an individual, group or organization— appropriate), in consultation with the Na- ‘‘(i) described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and ex- tional Capital Memorial Advisory Commis- empt from tax under section 501(a) of the Code (26 sion, has made a determination that— U.S.C. 501(a)); and (A) final design approvals have been ob- ‘‘(ii) authorized by Congress to establish a com- tained from the National Capital Planning memorative work in the District of Columbia and Commission and the Commission of Fine its environs. Arts; and ‘‘(3) THE DISTRICT OF COLUMBIA AND ITS ENVIRONS.— (B) 75 percent of the amount estimated to The term ‘the District of Columbia and its environs’ be required to complete the commemorative means land and property located in Areas I and II as work has been raised. depicted on the map numbered 869/86581, and dated May 1, 1986, that the National Park Service and the If these two conditions have been met, the Sec- Administrator of General Services administer.’’ retary or the Administrator (as appropriate) EFFECTIVE DATE OF 2003 AMENDMENT may extend the seven-year legislative authority for a period not to exceed three additional years. Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in Upon expiration of the legislative authority, accordance with this chapter prior to Nov. 17, 2003, see any previous site and design approvals shall also section 205 of Pub. L. 108–126, set out as a note under expire. section 8901 of this title. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1228; Pub. § 8903. Congressional authorization of commemo- L. 108–126, title II, § 203(c), Nov. 17, 2003, 117 Stat. rative works 1350; Pub. L. 111–11, title VII, § 7116(e)(1), Mar. 30, 2009, 123 Stat. 1203.) (a) IN GENERAL.—Commemorative works— (1) may be established on federal lands re- HISTORICAL AND REVISION NOTES ferred to in section 8901(4) of this title only as Revised specifically authorized by law; and Section Source (U.S. Code) Source (Statutes at Large) (2) are subject to applicable provisions of 8903(a) ...... 40:1003(a). Pub. L. 99–652, § 3, Nov. 14, this chapter. 1986, 100 Stat. 3651; Pub. L. 100–202, § 101(f) [title II, (b) MILITARY COMMEMORATIVE WORKS.—A mili- § 3], Dec. 22, 1987, 101 Stat. tary commemorative work may be authorized 1329–196; Pub. L. 100–230, § 3, Jan. 5, 1988, 101 Stat. only to commemorate a war or similar major 1564; Pub. L. 103–321, § 2(b), military conflict or a branch of the armed Aug. 26, 1994, 108 Stat. 1793; Pub. L 104–186, title forces. A commemorative work solely com- II, § 221(18), Aug. 20, 1996, memorating a limited military engagement or a 110 Stat. 1750. 8903(b) ...... 40:1003(b). unit of an armed force may not be authorized. 8903(c) ...... 40:1003(c). Commemorative works to a war or similar 8903(d) ...... 40:1003(d). 8903(e) ...... 40:1010(b). Pub. L. 99–652, § 10(b), Nov. major military conflict may not be authorized 14, 1986, 100 Stat. 3654; until at least 10 years after the officially des- Pub. L. 102–216, § 1, Dec. 11, 1991, 105 Stat. 1666. ignated end of such war or conflict. (c) WORKS COMMEMORATING EVENTS, INDIVID- In subsection (a)(1), the words ‘‘in the District of Co- UALS, OR GROUPS.—A commemorative work com- lumbia and its environs’’ are omitted as unnecessary. memorating an event, individual, or group of in- In subsection (d), the words ‘‘House Administration’’ dividuals, except a military commemorative are substituted for ‘‘House Oversight’’ because the work as described in subsection (b), may not be name of the Committee was changed in the 106th Con- gress. See Rule X(1)(i) of the Rules of the House of Rep- authorized until after the 25th anniversary of resentatives. the event, death of the individual, or death of the last surviving member of the group. AMENDMENTS (d) CONSULTATION WITH NATIONAL CAPITAL ME- 2009—Subsec. (d). Pub. L. 111–11, which directed inser- MORIAL ADVISORY COMMISSION.—In considering tion of ‘‘Natural’’ before ‘‘Resources’’, was executed by Page 173 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8903 making the insertion before ‘‘Resources of the House’’, COMMEMORATIVE WORKS—CONTINUED to reflect the probable intent of Congress. Dwight D. Eisenhower Memorial.—Pub. L. 106–79, title 2003—Subsec. (b). Pub. L. 108–126, § 203(c)(1), sub- VIII, § 8162, Oct. 25, 1999, 113 Stat. 1274; Pub. L. stituted ‘‘work solely commemorating a limited mili- 107–117, div. A, title VIII, § 8120(a), (b), Jan. 10, 2002, tary engagement’’ for ‘‘work commemorating a lesser 115 Stat. 2273, 2274; Pub. L. 109–220, May 5, 2006, 120 conflict’’ and ‘‘such war or conflict’’ for ‘‘the event’’. Stat. 335; Pub. L. 110–229, title III, § 332, May 8, 2008, 122 Stat. 782; Pub. L. 112–74, div. E, title III, Dec. 23, Subsec. (d). Pub. L. 108–126, § 203(c)(2), substituted 2011, 125 Stat. 1036; Pub. L. 113–6, div. F, title IV, ‘‘Memorial Advisory Commission’’ for ‘‘Memorial Com- § 1413, Mar. 26, 2013, 127 Stat. 421; Pub. L. 113–76, div. mission’’ in heading, and in text substituted ‘‘Re- G, title IV, § 437(a), Jan. 17, 2014, 128 Stat. 347; Pub. sources’’ for ‘‘House Administration’’ and inserted ‘‘Ad- L. 113–235, div. F, title IV, § 423(a), Dec. 16, 2014, 128 visory’’ before ‘‘Commission’’. Stat. 2449; Pub. L. 114–113, div. G, title IV, § 419(a), Subsec. (e). Pub. L. 108–126, § 203(c)(3), added subsec. Dec. 18, 2015, 129 Stat. 2579. (e) and struck out heading and text of former subsec. Francis Scott Key Memorial.—Pub. L. 99–531, Oct. 27, (e). Text read as follows: ‘‘Legislative authority for a 1986, 100 Stat. 3022. commemorative work expires at the end of the Frederick Douglass Memorial and Gardens.—Pub. L. 106–479, Nov. 9, 2000, 114 Stat. 2184. seven–year period beginning on the date the authority Memorial.—Pub. L. 101–358, Aug. 10, is enacted unless the Secretary of the Interior or Ad- 1990, 104 Stat. 419; Pub. L. 102–277, Apr. 28, 1992, 106 ministrator of General Services, as appropriate, has is- Stat. 127; Pub. L. 105–182, § 1, June 19, 1998, 112 Stat. sued a construction permit for the commemorative 516. work during that period.’’ Gold Star Mothers Commemorative Work.—Pub. L. 112–239, div. B, title XXVIII, § 2859, Jan. 2, 2013, 126 EFFECTIVE DATE OF 2003 AMENDMENT Stat. 2164. Japanese American Patriotism in World War II Memo- Amendments by Pub. L. 108–126 not applicable to a rial.—Pub. L. 102–502, Oct. 24, 1992, 106 Stat. 3273; commemorative work for which a site was approved in Pub. L. 104–333, div. I, title V, § 514, Nov. 12, 1996, 110 accordance with this chapter prior to Nov. 17, 2003, see Stat. 4165. section 205 of Pub. L. 108–126, set out as a note under Korean War Veterans Memorial.—Pub. L. 99–572, Oct. section 8901 of this title. 28, 1986, 100 Stat. 3226; Pub. L. 100–202, § 101(f) [title II, §§ 1, 2], Dec. 22, 1987, 101 Stat. 1329–195, 1329–196; COMMEMORATIVE WORKS Pub. L. 100–230, §§ 1, 2, Jan. 5, 1988, 101 Stat. 1563; Pub. L. 100–267, Mar. 28, 1988, 102 Stat. 41; Pub. L. .—Pub. L. 107–62, Nov. 5, 2001, 115 105–262, title VIII, § 8122, Oct. 17, 1998, 112 Stat. 2332. Stat. 411; Pub. L. 107–315, Dec. 2, 2002, 116 Stat. 2763; Lincoln Memorial, ‘‘I Have a Dream Speech’’ Com- Pub. L. 108–7, div. F, title I, § 142, Feb. 20, 2003, 117 memorative Plaque.—Pub. L. 106–365, Oct. 27, 2000, Stat. 244; Pub. L. 111–169, § 1, May 24, 2010, 124 Stat. 114 Stat. 1409; Pub. L. 108–352, § 4, Oct. 21, 2004, 118 1192; Pub. L. 113–291, div. B, title XXX, § 3094, Dec. 19, Stat. 1395. 2014, 128 Stat. 3880. Mahatma Gandhi Memorial.—Pub. L. 105–284, § 1, Oct. African-Americans Civil War Union Memorial.—Pub. 26, 1998, 112 Stat. 2701. L. 102–412, Oct. 14, 1992, 106 Stat. 2104. Martin Luther King, Jr., Memorial.—Pub. L. 104–333, Air Force Memorial.—Pub. L. 103–163, Dec. 2, 1993, 107 div. I, title V, § 508, Nov. 12, 1996, 110 Stat. 4157; Pub. Stat. 1973; Pub. L. 106–302, Oct. 13, 2000, 114 Stat. 1062; L. 105–201, § 1, July 16, 1998, 112 Stat. 675; Pub. L. Pub. L. 107–107, div. B, title XXVIII, § 2863(a)–(e), 106–176, title I, § 108, Mar. 10, 2000, 114 Stat. 26; Pub. Dec. 28, 2001, 115 Stat. 1330–1332. L. 108–125, § 1, Nov. 11, 2003, 117 Stat. 1347; Pub. L. American Armored Force Memorial.—Pub. L. 99–620, 109–54, title I, § 134(c), Aug. 2, 2005, 119 Stat. 527; Pub. Nov. 6, 1986, 100 Stat. 3493. L. 110–453, title III, § 301, Dec. 2, 2008, 122 Stat. 5034; Benjamin Banneker Memorial.—Pub. L. 105–355, title Pub. L. 111–88, div. A, title I, § 129, Oct. 30, 2009, 123 V, § 512, Nov. 6, 1998, 112 Stat. 3266. Stat. 2933. Black Revolutionary War Patriots Memorial.—Pub. L. National Desert Storm and Desert Shield Memorial.— 99–500, § 101(h) [title I, § 118], Oct. 18, 1986, 100 Stat. Pub. L. 113–291, div. B, title XXX, § 3093, Dec. 19, 2014, 1783–242, 1783–266, and Pub. L. 99–591, § 101(h) [title I, 128 Stat. 3879. § 118], Oct. 30, 1986, 100 Stat. 3341–242, 3341–266; Pub. L. National Peace Garden.—Pub. L. 100–63, June 30, 1987, 99–558, Oct. 27, 1986, 100 Stat. 3144, repealed by Pub. 101 Stat. 379; Pub. L. 103–321, § 1(a)(3), (b), Aug. 26, L. 112–239, div. B, title XXVIII, § 2860(f), Jan. 2, 2013, 1994, 108 Stat. 1793; Pub. L. 105–202, July 16, 1998, 112 126 Stat. 2165; Pub. L. 99–590, title VIII, §§ 801, 802, Stat. 676. Oct. 30, 1986, 100 Stat. 3339; Pub. L. 100–265, Mar. 25, Peace Corps Memorial.—Pub. L. 113–78, § 1, Jan. 24, 1988, 102 Stat. 39, repealed by Pub. L. 112–239, div. B, 2014, 128 Stat. 647. title XXVIII, § 2860(f), Jan. 2, 2013, 126 Stat. 2165; Pub. Thomas Paine Memorial.—Pub. L. 102–407, Oct. 13, L. 103–321, § 1(a)(1), Aug. 26, 1994, 108 Stat. 1793; Pub. 1992, 106 Stat. 1991; Pub. L. 102–459, Oct. 23, 1992, 106 L. 104–333, div. I, title V, § 506, Nov. 12, 1996, 110 Stat. Stat. 2268; Pub. L. 103–422, Oct. 25, 1994, 108 Stat. 4356; 4155; Pub. L. 105–345, § 1, Nov. 2, 1998, 112 Stat. 3205; Pub. L. 106–113, div. B, § 1000(a)(3) [title I, § 142], Nov. Pub. L. 106–442, Nov. 6, 2000, 114 Stat. 1926; Pub. L. 29, 1999, 113 Stat. 1535, 1501A–171. 112–239, div. B, title XXVIII, § 2860, Jan. 2, 2013, 126 Tomas G. Masaryk Memorial.—Pub. L. 107–61, Nov. 5, Stat. 2164; Pub. L. 113–176, Sept. 26, 2014, 128 Stat. 2001, 115 Stat. 410. 1910. Ukrainian Famine-Genocide Victims Memorial.—Pub. Brigadier General Francis Marion Commemorative L. 109–340, Oct. 13, 2006, 120 Stat. 1864. Work.—Pub. L. 110–229, title III, § 331, May 8, 2008, 122 Victims of Communism Memorial.—Pub. L. 103–199, Stat. 781; Pub. L. 114–92, div. B, title XXVIII, § 2852, title IX, § 905, Dec. 17, 1993, 107 Stat. 2331; Pub. L. Nov. 25, 2015, 129 Stat. 1184. 105–277, div. A, § 101(e) [title III, § 326], Oct. 21, 1998, Disabled Veterans’ LIFE Memorial.—Pub. L. 106–348, 112 Stat. 2681–231, 2681–291. Oct. 24, 2000, 114 Stat. 1358; Pub. L. 109–396, title II, Vietnam Women’s Memorial.—Pub. L. 100–660, Nov. 15, § 201, Dec. 15, 2006, 120 Stat. 2713; Pub. L. 110–106, § 1, 1988, 102 Stat. 3922; Pub. L. 101–187, Nov. 28, 1989, 103 Oct. 25, 2007, 121 Stat. 1022. Stat. 1350. § 8904 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS Page 174

COMMEMORATIVE WORKS—CONTINUED 2003—Pub. L. 108–126, § 203(d)(1), inserted ‘‘Advisory’’ before ‘‘Commission’’ in section catchline. Women in Military Service for America Memorial.— Subsec. (a). Pub. L. 108–126, § 203(d)(2), substituted Pub. L. 99–500, § 101(h) [title I, § 117], Oct. 18, 1986, 100 ‘‘There is established the National Capital Memorial Stat. 1783–242, 1783–266, and Pub. L. 99–591, § 101(h) Advisory Commission, which shall be composed of’’ for [title I, § 117], Oct. 30, 1986, 100 Stat. 3341–242, ‘‘There is a National Capital Memorial Commission. 3341–266; Pub. L. 99–590, title IX, §§ 901, 902, Oct. 30, The membership of the Commission consists of’’ in in- 1986, 100 Stat. 3339; Pub. L. 99–610, Nov. 6, 1986, 100 troductory provisions. Stat. 3477; Pub. L. 103–321, § 1(a)(2), Aug. 26, 1994, 108 Subsec. (c). Pub. L. 108–126, § 203(d)(3), inserted ‘‘Advi- Stat. 1793; Pub. L. 103–337, div. B, title XXVIII, § 2855, sory’’ before ‘‘Commission shall’’ and substituted Oct. 5, 1994, 108 Stat. 3073. ‘‘Services (as appropriate)’’ for ‘‘Services’’. World War II Memorial.—Pub. L. 103–32, May 25, 1993, Subsec. (d). Pub. L. 108–126, § 203(d)(4), inserted ‘‘Advi- 107 Stat. 90; Pub. L. 103–422, Oct. 25, 1994, 108 Stat. sory’’ before ‘‘Commission’’. 4356; Pub. L. 106–58, title VI, § 652, Sept. 29, 1999, 113 EFFECTIVE DATE OF 2003 AMENDMENT Stat. 480; Pub. L. 106–117, title VI, § 601(b), Nov. 30, 1999, 113 Stat. 1578; Pub. L. 107–11, May 28, 2001, 115 Amendments by Pub. L. 108–126 not applicable to a Stat. 19. commemorative work for which a site was approved in World War II Memorial Prayer Plaque.—Pub. L. accordance with this chapter prior to Nov. 17, 2003, see 113–123, June 30, 2014, 128 Stat. 1377. section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title. § 8904. National Capital Memorial Advisory Com- TERMINATION OF ADVISORY COMMISSIONS mission Advisory commissions established after Jan. 5, 1973, (a) ESTABLISHMENT AND COMPOSITION.—There to terminate not later than the expiration of the 2-year is established the National Capital Memorial period beginning on the date of their establishment, Advisory Commission, which shall be composed unless, in the case of a commission established by the of— President or an officer of the Federal Government, such (1) the Director of the National Park Serv- commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of ice; a commission established by the Congress, its duration (2) the Architect of the Capitol; is otherwise provided for by law. See sections 3(2) and (3) the Chairman of the American Battle 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out Monuments Commission; in the Appendix to Title 5, Government Organization (4) the Chairman of the Commission of Fine and Employees. Arts; (5) the Chairman of the National Capital § 8905. Site and design approval Planning Commission; (a) CONSULTATION ON, AND SUBMISSION OF, PRO- (6) the Mayor of the District of Columbia; POSALS.—A sponsor authorized by law to estab- (7) the Commissioner of the Public Buildings lish a commemorative work in the District of Service of the General Services Administra- Columbia and its environs may request a permit tion; and for construction of the commemorative work (8) the Secretary of Defense. only after the following requirements are met: (b) CHAIRMAN.—The Director is the Chairman (1) CONSULTATION.—The sponsor must con- of the National Capital Memorial Advisory Com- sult with the National Capital Memorial Advi- mission. sory Commission regarding the selection of al- (c) ADVISORY ROLE.—The National Capital Me- ternative sites and design concepts for the morial Advisory Commission shall advise the commemorative work. Secretary of the Interior and the Administrator (2) SUBMITTAL.—Following consultation in of General Services (as appropriate) on policy accordance with clause (1), the Secretary of and procedures for establishment of, and propos- the Interior or the Administrator of General als to establish, commemorative works in the Services, as appropriate, must submit, on be- District of Columbia and its environs and on half of the sponsor, site and design proposals other matters concerning commemorative to the Commission of Fine Arts and the Na- works in the Nation’s Capital as the Commis- tional Capital Planning Commission for their sion considers appropriate. approval. (d) MEETINGS.—The National Capital Memorial (b) DECISION CRITERIA.—In considering site and Advisory Commission shall meet at least twice design proposals, the Commission of Fine Arts, annually. National Capital Planning Commission, and the (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1229; Pub. Secretary or Administrator (as appropriate) L. 108–126, title II, § 203(d), Nov. 17, 2003, 117 Stat. shall be guided by, but not limited by, the fol- 1351; Pub. L. 111–11, title VII, § 7116(e)(2), Mar. 30, lowing criteria: (1) SURROUNDINGS.—To the maximum extent 2009, 123 Stat. 1203.) possible, a commemorative work shall be lo- HISTORICAL AND REVISION NOTES cated in surroundings that are relevant to the subject of the work. Revised (2) LOCATION.—A commemorative work shall Section Source (U.S. Code) Source (Statutes at Large) be located so that— 8904(a), (b) 40:1004(a). Pub. L. 99–652, § 4, Nov. 14, (A) it does not interfere with, or encroach 1986, 100 Stat. 3651. 8904(c) ...... 40:1004(b) (1st sen- on, an existing commemorative work; and tence). (B) to the maximum extent practicable, it 8904(d) ...... 40:1004(b) (last sen- tence). protects open space, existing public use, and cultural and natural resources. AMENDMENTS (3) MATERIAL.—A commemorative work shall 2009—Subsec. (b). Pub. L. 111–11 inserted ‘‘Advisory’’ be constructed of durable material suitable to before ‘‘Commission’’. the outdoor environment. Page 175 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8906

(4) LANDSCAPE FEATURES.—Landscape fea- HISTORICAL AND REVISION NOTES tures of commemorative works shall be com- Revised patible with the climate. Section Source (U.S. Code) Source (Statutes at Large)

(5) MUSEUMS.—No commemorative work pri- 8905(a) ...... 40:1007(a). Pub. L. 99–652, § 7, Nov. 14, marily designed as a museum may be located 1986, 100 Stat. 3652; Pub. L. 103–321, § 2(d), Aug. 26, on lands under the jurisdiction of the Sec- 1994, 108 Stat. 1794. retary in Area I or in as 8905(b) ...... 40:1007(b). depicted on the map referenced in section 8902(2).1 AMENDMENTS (6) SITE-SPECIFIC GUIDELINES.—The National 2014—Subsec. (b)(7). Pub. L. 113–291, § 3054(c)(1), struck Capital Planning Commission and the Com- out par. (7). Text read as follows: ‘‘Donor contributions mission of Fine Arts may develop such criteria to commemorative works shall not be acknowledged in or guidelines specific to each site that are mu- any manner as part of the commemorative work or its site.’’ tually agreed upon to ensure that the design of Subsec. (c). Pub. L. 113–291, § 3054(c)(2), added subsec. the commemorative work carries out the pur- (c). poses of this chapter. 2003—Subsec. (a). Pub. L. 108–126, § 203(e)(1)(A), sub- stituted ‘‘sponsor’’ for ‘‘person’’ wherever appearing. (c) DONOR CONTRIBUTIONS.— Subsec. (a)(1). Pub. L. 108–126, § 203(e)(1)(B), inserted (1) ACKNOWLEDGMENT OF DONOR CONTRIBU- ‘‘Advisory’’ before ‘‘Commission’’ and substituted ‘‘de- TION.—Except as otherwise provided in this sign concepts’’ for ‘‘designs’’. subsection, the Secretary of the Interior or Subsec. (b). Pub. L. 108–126, § 203(e)(2)(A), substituted ‘‘and the Secretary or Administrator (as appropriate)’’ Administrator of General Services, as applica- for ‘‘Secretary, and Administrator’’ in introductory ble, may permit a sponsor to acknowledge provisions. donor contributions at the commemorative Subsec. (b)(2)(B). Pub. L. 108–126, § 203(e)(2)(B), sub- work. stituted ‘‘open space, existing public use, and cultural (2) REQUIREMENTS.—An acknowledgment and natural resources.’’ for ‘‘open space and existing under paragraph (1) shall— public use.’’ Subsec. (b)(5) to (7). Pub. L. 108–126, § 204, added pars. (A) be displayed— (5) to (7). (i) inside an ancillary structure associ- EFFECTIVE DATE OF 2003 AMENDMENT ated with the commemorative work; or Amendments by Pub. L. 108–126 not applicable to a (ii) as part of a manmade landscape fea- commemorative work for which a site was approved in ture at the commemorative work; and accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under (B) conform to applicable National Park section 8901 of this title. Service or General Services Administration guidelines for donor recognition, as applica- § 8906. Criteria for issuance of construction per- ble. mit

(3) LIMITATIONS.—An acknowledgment under (a) CRITERIA FOR ISSUING PERMIT.—Before issu- paragraph (1) shall— ing a permit for the construction of a com- (A) be limited to an appropriate statement memorative work in the District of Columbia or credit recognizing the contribution; and its environs, the Secretary of the Interior or Administrator of General Services, as appro- (B) be displayed in a form in accordance priate, shall determine that— with National Park Service and General (1) the site and design have been approved by Services Administration guidelines; the Secretary or Administrator, the National (C) be displayed for a period of up to 10 Capital Planning Commission and the Com- years, with the display period to be commen- mission of Fine Arts; surate with the level of the contribution, as (2) knowledgeable individuals qualified in determined in accordance with the plan and the field of preservation and maintenance guidelines described in subparagraph (B); have been consulted to determine structural (D) be freestanding; and soundness and durability of the commemora- (E) not be affixed to— tive work and to ensure that the commemora- (i) any landscape feature at the com- tive work meets high professional standards; memorative work; or (3) the sponsor authorized to construct the commemorative work has submitted contract (ii) any object in a museum collection. documents for construction of the commemo- (4) COST.—The sponsor shall bear all ex- rative work to the Secretary or Adminis- penses related to the display of donor ac- trator; and knowledgments under paragraph (1). (4) the sponsor authorized to construct the commemorative work has available sufficient (5) APPLICABILITY.—This subsection shall amounts to complete construction of the apply to any commemorative work dedicated project. after January 1, 2010. (b) DONATION FOR PERPETUAL MAINTENANCE (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1229; Pub. AND PRESERVATION.— L. 108–126, title II, §§ 203(e), 204, Nov. 17, 2003, 117 (1) In addition to the criteria described Stat. 1351, 1352; Pub. L. 113–291, div. B, title above in subsection (a), no construction per- XXX, § 3054(c), Dec. 19, 2014, 128 Stat. 3807.) mit shall be issued unless the sponsor author- ized to construct the commemorative work 1 So in original. Probably should be section ‘‘8902(a)(2).’’ has donated an amount equal to 10 percent of § 8907 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS Page 176

the total estimated cost of construction to off- HISTORICAL AND REVISION NOTES—CONTINUED set the costs of perpetual maintenance and Revised preservation of the commemorative work. All Section Source (U.S. Code) Source (Statutes at Large) such amounts shall be available for those pur- 8906(c) ...... 40:1008(c)(1). poses pursuant to the provisions of this sub- 8906(d) ...... 40:1008(c)(2). section. The provisions of this subsection shall not apply in instances when the commemora- In subsection (b)(1), the words ‘‘Notwithstanding any tive work is constructed by a Department or other provision of law’’ are omitted as unnecessary. In subsection (b)(2), the words ‘‘Congress authorizes agency of the Federal Government and less and directs that’’ are omitted as unnecessary. than 50 percent of the funding for such work is provided by private sources. REFERENCES IN TEXT (2) Notwithstanding any other provision of The date of enactment of the Commemorative Works law, money on deposit in the Treasury on the Clarification and Revision Act of 2003, referred to in date of enactment of the Commemorative subsec. (b)(2), (3), is the date of enactment of Pub. L. Works Clarification and Revision Act of 2003 108–126, which was approved on Nov. 17, 2003. provided by a sponsor for maintenance pursu- AMENDMENTS ant to this subsection shall be credited to a 2003—Subsec. (a)(3), (4). Pub. L. 108–126, § 203(f)(1), sub- separate account in the Treasury. stituted ‘‘sponsor’’ for ‘‘person’’. (3) Money provided by a sponsor pursuant to Subsec. (b). Pub. L. 108–126, § 203(f)(2), added subsec. the provisions of this subsection after the date (b) and struck out heading and text of former subsec. of enactment of the Commemorative Works (b). Text read as follows: Clarification and Revision Act of 2003 shall be ‘‘(1) AMOUNT.—In addition to the criteria described in credited to a separate account with the Na- subsection (a), a construction permit may not be issued unless the person authorized to construct the com- tional Park Foundation. memorative work has donated an amount equal to 10 (4) Upon request of the Secretary or Admin- percent of the total estimated cost of construction to istrator (as appropriate), the Secretary of the offset the costs of perpetual maintenance and preserva- Treasury or the National Park Foundation tion of the commemorative work. The amounts shall be shall make all or a portion of such moneys credited to a separate account in the Treasury. available to the Secretary or the Adminis- ‘‘(2) AVAILABILITY.—The Secretary of the Treasury trator (as appropriate) for the maintenance of shall make any part of the donated amount available to a commemorative work. Under no circum- the Secretary of the Interior or Administrator for maintenance at the request of the Secretary of the In- stances may the Secretary or Administrator terior or Administrator. The Secretary of the Interior request funds from a separate account exceed- or Administrator shall not request more from the sepa- ing the total money in the account established rate account than the total amount deposited by per- under paragraph (2) or (3). The Secretary and sons establishing commemorative works in areas the the Administrator shall maintain an inven- Secretary of the Interior or Administrator administers. tory of funds available for such purposes. ‘‘(3) INVENTORY OF AVAILABLE AMOUNTS.—The Sec- Funds provided under this paragraph shall be retary of the Interior and Administrator shall maintain an inventory of amounts available under this sub- available without further appropriation and section. The amounts are not subject to annual appro- shall remain available until expended. priations. (c) SUSPENSION FOR MISREPRESENTATION IN ‘‘(4) NONAPPLICABILITY.—This subsection does not apply when a department or agency of the Federal Gov- FUNDRAISING.—The Secretary of the Interior or ernment constructs the work and less than 50 percent Administrator may suspend any activity under of the funding for the work is provided by private this chapter that relates to the establishment of sources.’’ a commemorative work if the Secretary or Ad- ministrator determines that fundraising efforts EFFECTIVE DATE OF 2003 AMENDMENT relating to the work have misrepresented an af- Amendments by Pub. L. 108–126 not applicable to a filiation with the work or the Federal Govern- commemorative work for which a site was approved in ment. accordance with this chapter prior to Nov. 17, 2003, see (d) ANNUAL REPORT.—The person authorized to section 205 of Pub. L. 108–126, set out as a note under construct a commemorative work under this section 8901 of this title. chapter must submit to the Secretary of the In- § 8907. Temporary site designation terior or Administrator an annual report of op- erations, including financial statements audited (a) CRITERION FOR DESIGNATION.—If the Sec- by an independent certified public accountant. retary of the Interior, in consultation with the The person shall pay for the report. National Capital Memorial Commission, deter- mines that a site where commemorative works (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1230; Pub. may be displayed on a temporary basis is nec- L. 108–126, title II, § 203(f), Nov. 17, 2003, 117 Stat. essary to aid in the preservation of the limited 1351.) amount of open space available to residents of, HISTORICAL AND REVISION NOTES and visitors to, the Nation’s Capital, a site may be designated on land the Secretary administers Revised in the District of Columbia. Section Source (U.S. Code) Source (Statutes at Large) (b) PLAN.—A designation may be made under 8906(a) ...... 40:1008(a). Pub. L. 99–652, § 8, Nov. 14, subsection (a) only if, at least 120 days before 1986, 100 Stat. 3652; Pub. L. 103–321, § 2(e), Aug. 26, 1994, the designation, the Secretary, in consultation 108 Stat. 1794. with the Commission, prepares and submits to 8906(b)(1) .... 40:1008(b) (words be- fore proviso), cl. Congress a plan for the site. The plan shall in- (1). clude specifications for the location, construc- 8906(b)(2), 40:1008(b)(2). (3). tion, and administration of the site and criteria 8906(b)(4) .... 40:1008(b) (proviso). for displaying commemorative works at the site. Page 177 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8909

(c) RISK AND AGREEMENT TO INDEMNIFY.—A HISTORICAL AND REVISION NOTES—CONTINUED commemorative work displayed at the site shall Revised be installed, maintained, and removed at the Section Source (U.S. Code) Source (Statutes at Large) sole expense and risk of the person authorized to 8908(b) ...... 40:1006. Pub. L. 99–652, § 6, Nov. 14, display the work. The person shall agree to in- 1986, 100 Stat. 3651; Pub. L. demnify the United States for any liability aris- 103–321, § 2(c), Aug. 26, 1994, ing from the display of the commemorative 108 Stat. 1794. work under this section. In subsection (b)(1), the words ‘‘the Committee on (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231.) House Administration of the House of Representatives, and the Committee on Energy and Natural Resources of HISTORICAL AND REVISION NOTES 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 Revised Source (U.S. Code) Source (Statutes at Large) Section section 1003(d).

8907(a) ...... 40:1009(a) (1st sen- Pub. L. 99–652, § 9, Nov. 14, REFERENCES IN TEXT tence). 1986, 100 Stat. 3653; Pub. L. 103–321, § 2(f), Aug. 26, 1994, The date of enactment of the Commemorative Works 108 Stat. 1795. Clarification and Revision Act of 2003, referred to in 8907(b) ...... 40:1009(a) (2d, last sentences). subsec. (c), is the date of enactment of Pub. L. 108–126, 8907(c) ...... 40:1009(b). which was approved Nov. 17, 2003.

AMENDMENTS § 8908. Areas I and II 2009—Subsec. (b)(1). Pub. L. 111–11 inserted ‘‘Advi- sory’’ before ‘‘Commission’’ in first sentence and sub- (a) AVAILABILITY OF MAP.—The Secretary of stituted ‘‘Natural Resources of the House’’ for ‘‘House the Interior or the Administrator of General Administration of the House’’ in second sentence. Services (as appropriate) shall make available, 2003—Subsec. (a). Pub. L. 108–126, § 203(g)(2), which di- for public inspection at appropriate offices of rected substitution of ‘‘entitled ‘Commemorative Areas the National Park Service and the General Serv- Washington, DC and Environs’, numbered 869/86501 B, ices Administration, the map entitled ‘‘Com- and dated June 24, 2003’’ for ‘‘numbered 869/86581, and dated May 1, 1986’’, was executed by making the substi- memorative Areas Washington, DC and Envi- tution for ‘‘numbered 869/86501, and dated May 1, 1986’’ rons’’, numbered 869/86501 B, and dated June 24, to reflect the probable intent of Congress. 2003. Pub. L. 108–126, § 203(g)(1), substituted ‘‘Secretary of (b) SPECIFIC CONDITIONS APPLICABLE TO AREA I the Interior or the Administrator of General Services AND AREA II.— (as appropriate)’’ for ‘‘Secretary of the Interior and Ad- ministrator of General Services’’. (1) AREA I.—After seeking the advice of the Subsec. (c). Pub. L. 108–126, § 202(b), added subsec. (c). National Capital Memorial Advisory Commis- sion, the Secretary or Administrator, as ap- EFFECTIVE DATE OF 2003 AMENDMENT propriate, may recommend the location of a Amendments by Pub. L. 108–126, except for the provi- commemorative work in Area I only if the sion in the amendment made by section 202(b) prohibit- Secretary or Administrator decides that the ing a visitor center from being located in the Reserve subject of the commemorative work is of pre- (as defined in section 8902 of this title), are not applica- eminent historical and lasting significance to ble to a commemorative work for which a site was ap- proved in accordance with this chapter prior to Nov. 17, the United States. The Secretary or Adminis- 2003, see section 205 of Pub. L. 108–126, set out as a note trator shall notify the Commission, the Com- under section 8901 of this title. mittee on Natural Resources of the House of Representatives, and the Committee on En- § 8909. Administrative ergy and Natural Resources of the Senate of (a) MAINTENANCE OF DOCUMENTATION OF DESIGN the recommendation that a commemorative AND CONSTRUCTION.—Complete documentation of work should be located in Area I. The location design and construction of each commemorative of a commemorative work in Area I is deemed work located in the District of Columbia and its to be authorized only if the recommendation environs shall be provided to the Secretary of is approved by law not later than 150 calendar the Interior or Administrator of General Serv- days after the notification. ices, as appropriate, and shall be permanently (2) AREA II.—Commemorative works of sub- maintained in the manner provided by law. jects of lasting historical significance to the (b) RESPONSIBILITY FOR MAINTENANCE OF COM- American people may be located in Area II. PLETED WORK.—On completion of any commemo- rative work in the District of Columbia and its (c) RESERVE.—After the date of enactment of the Commemorative Works Clarification and environs, the Secretary or Administrator, as ap- Revision Act of 2003, no commemorative work or propriate, shall assume responsibility for main- visitor center shall be located within the Re- taining the work. (c) REGULATIONS OR STANDARDS.—The Sec- serve. retary and Administrator shall prescribe appro- (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231; Pub. priate regulations or standards to carry out this L. 108–126, title II, §§ 202(b), 203(g), Nov. 17, 2003, chapter. 117 Stat. 1349, 1352; Pub. L. 111–11, title VII, (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231.) § 7116(e)(3), Mar. 30, 2009, 123 Stat. 1203.) HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES Revised Revised Section Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large) 8909(a) ...... 40:1010(a). Pub. L. 99–652, § 10(a), (c), 8908(a) ...... 40:1005. Pub. L. 99–652, § 5, Nov. 14, Nov. 14, 1986, 100 Stat. 1986, 100 Stat. 3651. 3654. § 9101 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS Page 178

HISTORICAL AND REVISION NOTES—CONTINUED (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.)

Revised HISTORICAL AND REVISION NOTES Section Source (U.S. Code) Source (Statutes at Large) Revised 8909(b) ...... 40:1010(c). Section Source (U.S. Code) Source (Statutes at Large) 8909(c) ...... 40:1010(d). Pub. L. 99–652, § 10(d), Nov. 14, 1986, 100 Stat. 3654; Pub. L. 103–321, § 2(g), Aug. 9102(a) ...... 40:104 (3d, 6th sen- May 17, 1910, ch. 243, § 1 26, 1994, 108 Stat. 1795. tences). (3d–6th sentences), 36 Stat. 371. 9102(b) ...... 40:104 (4th sen- tence). CHAPTER 91—COMMISSION OF FINE ARTS 9102(c) ...... 40:104 (5th sen- tence). Sec. 9101. Establishment, composition, and vacancies. In subsection (b), the words ‘‘in each case’’ are omit- 9102. Duties. 9103. Personnel. ted as unnecessary. The words ‘‘request the Commis- 9104. Authorization of appropriations. sion to provide’’ are substituted for ‘‘call for’’ for clar- ity. § 9101. Establishment, composition, and vacan- In subsection (c), the words ‘‘buildings of the Library cies of Congress’’ are substituted for ‘‘building of the Li- brary of Congress’’ for clarity because the Library of (a) ESTABLISHMENT.—There is a Commission of Congress comprises more than one building. Fine Arts. (b) COMPOSITION.—The Commission is com- § 9103. Personnel posed of seven well-qualified judges of the fine arts, appointed by the President, who serve for The Commission of Fine Arts has a secretary four years each or until their successors are ap- and other assistance the Commission authorizes. pointed and qualified. The secretary is the executive officer of the (c) VACANCIES.—The President shall fill vacan- Commission. cies on the Commission. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.) (d) EXPENSES.—Members of the Commission shall be paid actual expenses in traveling to and HISTORICAL AND REVISION NOTES from the District of Columbia to attend Com- Revised mission meetings and while attending those Section Source (U.S. Code) Source (Statutes at Large) meetings. 9103 ...... 40:104 (last sentence May 17, 1910, ch. 243, § 1 (last (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.) words before sentence words before comma). comma), 36 Stat. 371. HISTORICAL AND REVISION NOTES 40:105. June 25, 1910, ch. 384 1 [sic] (8th complete par. on p. 728 (less appropriations)), Revised 36 Stat. 728. Section Source (U.S. Code) Source (Statutes at Large)

9101(a), (b) 40:104 (1st sentence). May 17, 1910, ch. 243, § 1 (1st, The text of 40:105 (related to officer in charge of pub- 2d sentences, last sen- lic buildings and grounds) is omitted as obsolete. tence words after comma), 36 Stat. 371. 9101(c) ...... 40:104 (2d sentence). 9101(d) ...... 40:104 (last sentence § 9104. Authorization of appropriations words after comma). Necessary amounts may be appropriated to carry out this chapter. In subsection (a), the word ‘‘permanent’’ is omitted as obsolete. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.) In subsection (d), the words ‘‘the District of Colum- bia’’ are substituted for ‘‘Washington’’ for consistency HISTORICAL AND REVISION NOTES in the revised title and with other titles of the United Revised States Code. Section Source (U.S. Code) Source (Statutes at Large) § 9102. Duties 9104 ...... 40:106. May 17, 1910, ch. 243, § 2, 36 Stat. 371; May 25, 1955, ch. (a) IN GENERAL.—The Commission of Fine Arts 76, 69 Stat. 66; May 13, 1960, Pub. L. 86–461, 74 shall advise on— Stat. 128. (1) the location of statues, fountains, and monuments in the public squares, streets, and parks in the District of Columbia; CHAPTER 93—THEODORE ROOSEVELT (2) the selection of models for statues, foun- ISLAND tains, and monuments erected under the au- Sec. thority of the Federal Government; 9301. Maintenance and administration. (3) the selection of artists to carry out 9302. Consent of Theodore Roosevelt Association clause (2); and required for development. (4) questions of art generally when required 9303. Access to Theodore Roosevelt Island. to do so by the President or a committee of 9304. Source of appropriations. Congress. (b) DUTY TO REQUEST ADVICE.—The officers re- § 9301. Maintenance and administration quired to decide the questions described in sub- The Director of the National Park Service section (a)(1)–(3) shall request the Commission shall maintain and administer Theodore Roo- to provide the advice. sevelt Island as a natural park for the recre- (c) NONAPPLICATION.—This section does not ation and enjoyment of the public. apply to the Capitol Building and the buildings. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233.)