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I. GENERAL LEGISLATION 1. Commemorative Works Act

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I. GENERAL LEGISLATION 1. Commemorative Works Act I. GENERAL LEGISLATION 1. Commemorative Works Act Amendments PUBLIC LAW 102–216—DEC. 11, 1991 105 STAT. 1666 Public Law 102–216 102d Congress An Act To lengthen from five to seven years the expiration period applicable to legislative Dec. 11, 1991 authority relating to construction of commemorative works on Federal land in [H.R. 3169] the District of Columbia and its environs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 10(b) of the Act entitled “An Act to provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes” (40 U.S.C. 1010(b)) is amended by striking out “five-year period” and inserting in lieu thereof “seven-year period”. 40 USC 1010 SEC. 2. EFFECTIVE DATE. note. The amendment made by this Act shall take effect on October 1, 1991. Approved December 11, 1991. LEGISLATIVE HISTORY—H.R. 3169: HOUSE REPORTS: No. 102-257 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 102-211 (Comm. on energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 137 (1991): Oct. 21, considered and passed House. Nov. 27, considered and passed Senate. 2 GENERAL LEGISLATION 108 STAT. 1793 PUBLIC LAW 103–321—AUG. 26, 1994 Public Law 103–321 103d Congress An Act Aug. 26, 1994 To amend the Commemorative Works Act, and for other purposes. [H.R. 2947] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * * * * * * * SEC. 2. COMMEMORATIVE WORKS ACT AMENDMENTS. (a) DEFINITIONS.—(1) Section 2(c) of the Act entitled “An Act to provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes” (40 U.S.C. 1002(c)) is amended— (A) by inserting “plaque, inscription,” after “memorial,”; (B) by striking out “a person” and inserting in lieu thereof “an individual”; and (C) by inserting “American” before “history”. (2) Section 2(d) of such Act (40 U.S.C. 1002(d)) is amended by striking “an individual, group or organization” and inserting “a public agency, and an individual, group or organization 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”. (b) AUTHORIZATION.—Section 3 of such Act (40 U.S.C. 1003) is amended as follows: (1) In subsection (a), by inserting “on Federal lands referred to in section 1(d)” after “established”. 108 STAT. 1794 (2) By redesignating subsection (b) as subsection (d) and inserting after subsection (a) the following new subsections: “(b) A military commemorative work may be authorized only to commemorate a war or similar major military conflict or to commemorate any branch of the Armed Forces. No commemorative work commemorating a lesser conflict or a unit of an Armed Force shall be authorized. Commemorative works to a war or similar major military conflict shall not be authorized until at least 10 years after the officially designated end of the event. “(c) A commemorative work commemorating an event, individual, or group of individuals, other than a military commemorative work as described in subsection (b) of this section, shall 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.”. (c) SPECIFIC CONDITIONS APPLICABLE TO AREAS I AND II.—Section 6 of such Act (40 U.S.C. 1006) is amended to read as follows: “SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II “SEC. 6. (a) AREA I.—The Secretary or Administrator (as appropriate) may, after seeking the advice of the National Capital Memorial Commission, recommend the location of a commemorative work in Area I only if the Secretary or Administrator (as appropriate) determines that the subject of the commemorative work is of pre-eminent historical and lasting significance to the Nation. The Secretary or Administrator (as appropriate) shall notify the National Capital Memorial Commission and the committees of Congress specified in section 3(b) of the recommendation by the Secretary or Administrator (as appropriate) that a commemorative work should be located in Area I. The location of a commemorative GENERAL LEGISLATION 3 PUBLIC LAW 103–321—AUG. 26, 1994 108 STAT. 1794 work in Area I shall be deemed not authorized, unless, not later than 150 calendar days after such notification, the recommendation is approved by law. “(b) AREA II.—Commemorative works of subjects of lasting historical significance to the American people may be located in Area II.”. (d) SITE AND DESIGN APPROVAL.—Section 7 of such Act (40 U.S.C. 1007) is amended— (1) in the matter preceding paragraph (1) of subsection (a), by striking out “commencing construction of the commemorative work” and inserting in lieu thereof “requesting the permit for the construction of the commemorative work”; (2) in paragraph (1) of subsection (a)— (A) by inserting “the selection of alternative sites and designs for” after “regarding”; and (B) by striking out the second sentence; (3) in paragraph (2) of subsection (a), by striking out “and the Secretary or Administrator (as appropriate)”; and (4) in the matter preceding paragraph (1) of subsection (b), by inserting “(but not limited by)” after “guided by”. (e) CRITERIA FOR ISSUANCE OF CONSTRUCTION PERMIT.—(1) Section 8(a)(3) of such Act (40 U.S.C. 1008(a)(3)) is amended by striking out “contracts for construction and drawings” and inserting in lieu thereof “contract documents for construction”. (2) Section 8 of such Act (40 U.S.C. 1008) is amended by adding at the end the following: “(c)(1) The Secretary or the Administrator (as appropriate) may 108 STAT. 1795 suspend any activity under the authority of this Act with respect to the establishment of a commemorative work if the Secretary or Administrator determines the fundraising efforts with respect to the commemorative work have misrepresented an affiliation with the commemorative work or the United States. “(2) The person shall be required to submit to the Secretary or Reports. Administrator an annual report of operations, including financial statements audited by an independent certified public accountant, paid for by the person authorized to construct the commemorative work.”. (f) TEMPORARY SITE DESIGNATION.—Section 9(a) of such Act (40 U.S.C. 1009(a)) is amended by striking out “he may designate such a site on lands administered by him” and inserting in lieu thereof “a site may be designated on lands administered by the Secretary”. (g) MISCELLANEOUS PROVISIONS.—Section 10(d) of such Act (40 U.S.C. 1010(d)) is amended to read as follows: “(d) The Secretary and the Administrator shall develop appro- Regulations. priate regulations or standards to carry out this Act.”. 40 USC 1001 (h) SHORT TITLE.—Such Act is amended by adding at the end the note. following new section: “ SHORT TITLE Commemorative Works Act. “SEC. 11. This Act may be cited as the ‘Commemorative Works Act’.”. Approved August 26, 1994. LEGISLATIVE HISTORY—H.R. 2947: HOUSE REPORTS: No. 103–400 (Comm. on Natural Resources). SENATE REPORTS: No. 103–247 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 139 (1993): Nov. 22, considered and passed House. Vol. 140 (1994): Apr. 12, considered and passed Senate, amended. Aug. 16, House concurred in Senate amendments. 4 GENERAL LEGISLATION 2. Dams in National Park System Units 106 STAT. 2776 PUBLIC LAW 102–486—OCT. 24, 1992 Public Law 102–486 102d Congress An Act Oct. 24, 1992 To provide for improved energy efficiency. [H.R. 776 ] Be it enacted by the Senate and House of Representatives of the Energy Policy United States of America in Congress assembled, Act of 1992. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 42 USC 13201 (a) SHORT TITLE.—This Act may be cited as the “Energy Policy note. Act of 1992”. (b) TABLE OF CONTENTS.— * * * * * * * 106 STAT. 3096 TITLE XXIV—NON-FEDERAL POWER ACT HYDROPOWER PROVISIONS SEC. 2401. RIGHTS-OF-WAY ON CERTAIN FEDERAL LANDS. Section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) is amended— (1) by inserting in subsection (a) after “public lands” the following: “(including public lands, as defined in section 103(e) of this Act, which are reserved from entry pursuant to section 24 of the Federal Power Act (16 U.S.C. 818))”; (2) in paragraph (4) of subsection (a), by striking “Federal Power Commission under the Federal Power Act of 1935 (49 Stat. 847; 16 U.S.C. 791) and inserting in lieu thereof “Federal Energy Regulatory Commission under the Federal Power Act, including part 1 thereof (41 Stat. 1063, 16 U.S.C. 791a–825r).”; and (3) by adding the following new subsection at the end thereof: “(d) With respect to any project or portion thereof that was licensed pursuant to, or granted an exemption from, part I of the Federal Power Act which is located on lands subject to a reservation 106 STAT. 3097 under section 24 of the Federal Power Act and which did not receive a permit, right-of-way or other approval under this section prior to enactment of this subsection, no such permit, right-of-way, or other approval shall be required for continued operation, including continued operation pursuant to section 15 of the Federal Power Act, of such project unless the Commission determines that such project involves the use of any additional public lands or National Forest lands not subject to such reservation.”. GENERAL LEGISLATION 5 PUBLIC LAW 102–486—OCT.
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