republic-os/legal/us/code/title-40/chapter-89/section-8905.md

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LegalText	40 U.S.C. § 8905	Site and design approval	us	united_states_code	code_section	40	PUBLIC BUILDINGS, PROPERTY, AND WORKS	89	NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS	8905	40 U.S.C. § 8905	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/s8905	data/legal/raw/us/code/title-40/usc40.xml	6defebe54afdc4d760f4da8cf2bb435a5f8d797b381526008df9b8850a0d941a	9e671d5f37f9148634c9ba568a4c16d4864b567130b66bcf607f680414560a29	672724f29dc707008f86268abe78e26a6e767af0a5e4809cd8e23a42103e0b14	2026-07-04	official	legal us-code

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

Text

(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).11 So in original. Probably should be section “8902(a)(2).”

(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.

(c) Donor Contributions.— (1) Acknowledgment of donor contribution.— Except as otherwise provided in this subsection, the Secretary of the Interior or Administrator of General Services, as applicable, may permit a sponsor to acknowledge donor contributions at the commemorative work.

(2) Requirements.— An acknowledgment under paragraph (1) shall—

(A) be displayed—

(i) inside an ancillary structure associated with the commemorative work; or

(ii) as part of a manmade landscape feature at the commemorative work; and

(B) conform to applicable National Park Service or General Services Administration guidelines for donor recognition, as applicable.

(3) Limitations.— An acknowledgment under paragraph (1) shall—

(A) be limited to an appropriate statement or credit recognizing the contribution;

(B) be displayed in a form in accordance with National Park Service and General Services Administration guidelines;

(C) be displayed for a period of up to 10 years, with the display period to be commensurate with the level of the contribution, as determined in accordance with the plan and guidelines described in subparagraph (B);

(D) be freestanding; and

(E) not be affixed to—

(i) any landscape feature at the commemorative work; or

(ii) any object in a museum collection.

(4) Cost.— The sponsor shall bear all expenses related to the display of donor acknowledgments under paragraph (1).

(5) Applicability.— This subsection shall apply to any commemorative work dedicated after January 1, 2010.

(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; Pub. L. 113–291, div. B, title XXX, § 3054(c), Dec. 19, 2014, 128 Stat. 3807.)

Notes

Historical and Revision Notes RevisedSectionSource (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).

Editorial Notes

Amendments2014—Subsec. (b)(7). Pub. L. 113–291, § 3054(c)(1), struck out par. (7). Text read as follows: “Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site.” Subsec. (c). Pub. L. 113–291, § 3054(c)(2), added subsec. (c). 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).

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.