republic-os/legal/us/code/title-40/chapter-89/section-8902.md

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LegalText	40 U.S.C. § 8902	Definitions and nonapplication	us	united_states_code	code_section	40	PUBLIC BUILDINGS, PROPERTY, AND WORKS	89	NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS	8902	40 U.S.C. § 8902	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip	/us/usc/t40/s8902	data/legal/raw/us/code/title-40/usc40.xml	a4c5f341cbca820edb3b7e22407cde1128fd194a12a04122909825c055d76eeb	9e671d5f37f9148634c9ba568a4c16d4864b567130b66bcf607f680414560a29	54e8abafdda4decdacc748446bb2867db2060e85dfe471ee44a8c562a73ec7e0	2026-07-04	official	legal us-code

40 U.S.C. § 8902 - Definitions and nonapplication

Text

(a) Definitions.— In this chapter:

(1) Commemorative work.— The term “commemorative work” means any statue, monument, sculpture, memorial, plaque, inscription, or other structure or landscape feature, including a garden or memorial grove, designed to perpetuate in a permanent manner the memory of an individual, group, event or other significant element of American history, except that the term does not include any such item which is located within the interior of a structure or a structure which is primarily used for other purposes.

(2) The district of columbia and its environs.— The term “the District of Columbia and its environs” means those lands and properties administered by the National Park Service and the General Services Administration located in the Reserve, Area I, and Area II as depicted on the map entitled “Commemorative Areas Washington, DC and Environs”, numbered 869/86501 B, and dated June 24, 2003.

(3) Reserve.— The term “Reserve” means the great cross-axis of the Mall, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, as depicted on the map referenced in paragraph (2).

(4) Sponsor.— The term “sponsor” means a public agency, or 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 authorized by Congress to establish a commemorative work in the District of Columbia and its environs.

(b) Nonapplication.— This chapter does not apply to commemorative works authorized by a law enacted before January 3, 1985.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227; Pub. L. 108–126, title II, § 203(b), Nov. 17, 2003, 117 Stat. 1350.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 8902(a)40:1002.Pub. L. 99–652, § 2, Nov. 14, 1986, 100 Stat. 3650; Pub. L. 103–321, § 2(a), Aug. 26, 1994, 108 Stat. 1793. 8902(b)40:1010(e).Pub. L. 99–652, § 10(e), Nov. 14, 1986, 100 Stat. 3654. In subsection (a), the text of 40:1002(a) and (b) is omitted as unnecessary because the complete names of the Secretary of the Interior and the Administrator of General Services are used the first time the terms appear in a section. In subsection (a)(3), the words “notwithstanding any other provision of law” are omitted as unnecessary. The words “Administrator of General Services” are substituted for “General Services Administration” because of section 101(b) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 379), which is restated as section 302(a) of the revised title. In subsection (b), the words “January 3, 1985” are substituted for “the commencement of the Ninety-ninth Congress” for clarity.

Editorial Notes

References in TextSection 501 of the Internal Revenue Code of 1986, referred to in subsec. (a)(4), is classified to section 501 of Title 26, Internal Revenue Code.

Amendments2003—Subsec. (a). Pub. L. 108–126 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “In this chapter, the following definitions apply: “(1) Commemorative work.—The term ‘commemorative work’— “(A) means any statue, monument, sculpture, memorial, plaque, inscription, or other structure or landscape feature, including a garden or memorial grove, designed to perpetuate in a permanent manner the memory of an individual, 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 2003 AmendmentAmendments 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.