19–010

Calendar No. 206

108TH CONGRESS REPORT " SENATE ! 1st Session 108–98

VIETNAM VETERANS MEMORIAL EDUCATION CENTER ACT

JULY 11, 2003.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1076]

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1076) to authorize construction of an education 

center at or near the Vietnam Veterans Memorial, having considered the same, reports favorably thereon with an amendment and 

recommends that the bill, as amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following:

TITLE I—VIETNAM VETERANS MEMORIAL EDUCATION 

CENTER 

SECTION 101. EDUCATION CENTER. 

Public Law 96–297, as amended, (16 U.S.C. 431 note) is further amended by adding at the end thereof the following: 

‘‘SEC. 6. EDUCATION CENTER. 

‘‘(a) AUTHORIZATION.—(1) The Vietnam Veterans Memorial Fund, Inc., is authorized to construct an education center at or near the Vietnam Veterans Memorial 

site, subject to the provisions of this section, in order to better inform and educate 

the public about the Vietnam Veterans Memorial. 

‘‘(2) The education center may be located above ground or underground, as determined through the approval process set forth under the Commemorative Works Act 

and this Act. 

‘‘(3) As used in this section, the term ‘‘education center’’ or ‘‘center’’ means a building or other structure approved in accordance with chapter 89 of title 40, United 

States Code (commonly referred to as the ‘‘Commemorative Works Act’’) and this 

section. 

‘‘(b) APPLICATION OF COMMEMORATIVE WORKS ACT.—(1) The Commemorative 

Works Act (chapter 89 of title 40, United States Code) shall apply to the education 

center, and the center shall be considered a commemorative work for the purposes 

of that Act, except that—

‘‘(A) final approval of the education center shall not be withheld; and 

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‘‘(B) the provisions of section 8908(b) of title 40, United States Code, requiring 

approval by law for the location of a commemorative work within Area I, shall 

not apply. ‘‘(2) Notwithstanding section 8908(c) of title 40, United States Code (as added by 

the Commemorative Works Clarification and Revision Act of 2003), the designation 

of the Reserve shall not preclude the approval of a site for the education center 

within such area. ‘‘(3) Section 8905(b)(5) of title 40, United States Code (as added by the Commemorative Works Clarification and Revision Act of 2003), prohibiting the authorization 

of a commemorative work primarily designed as a museum on lands under the jurisdiction of the Secretary of the Interior within Area I or East Potomac Park, shall 

not be construed to deny approval of the education center. ‘‘(4) The size of the education center shall be limited to the minimum necessary— (A) to provide for appropriate educational and interpretive functions; and 

(B) to prevent interference or encroachment on the Vietnam Veterans Memorial and to protect open space and visual sightlines on the Mall. ‘‘(5) The education center shall be constructed and landscaped in a manner harmonious with the site of the Vietnam Veterans Memorial, consistent with the special nature and sanctity of the Mall. ‘‘(c) OPERATION AND MAINTENANCE.—(1) The education center shall be operated 

and maintained by the Secretary of the Interior. ‘‘(2) This subsection does not waive section 8906(b) of title 40, United States Code 

(as amended by the Commemorative Works Clarification and Revision Act of 2003), 

requiring the donation of funds to offset the costs of perpetual maintenance and 

preservation of the commemorative work. ‘‘(d) FUNDING.—All funds required for the planning, design and construction of the 

education center shall be provided by the Vietnam Veterans Memorial Fund, Inc. 

No Federal funds shall be used for the planning, design, or construction of the center.’’. 

TITLE II—COMMEMORATIVE WORKS ACT AMENDMENTS 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Commemorative Works Clarification and Revision 

Act of 2003’’. 

SEC. 202. ESTABLISHMENT OF RESERVE. 

Section 8908 of title 40, United States Code, is amended by adding at the end the 

following: ‘‘(c) RESERVE.—After the date of enactment of the Commemorative Works Clarification and Revision Act of 2003, no commemorative work shall be located within 

the Reserve.’’. 

SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS. 

(a) PURPOSES.—Section 8901(2) of title 40, United States Code, is amended by 

striking ‘‘Columbia;’’ and inserting ‘‘Columbia and its environs. and to encourage the 

location of commemorative works within the urban fabric of the District of Columbia;’’. 

(b) DEFINITIONS.—Section 8902(a) of title 40, United States Code, is amended to 

read as follows: 

‘‘(a) DEFINITIONS.—In this chapter, the following definitions apply—

‘‘(1) 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 term ‘‘sponsor’’ means 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 

authorized by Congress to establish a commemorative work in the District of 

Columbia and its environs; 

‘‘(3) 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 (4); and 

‘‘(4) the term ‘‘the District of Columbia and its environs’’ means those lands 

and properties administered by the National Park Service and the General 

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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’’. (c) AUTHORIZATION.—Section 8903 of title 40, United States Code, is amended as 

follows: 

(1) In subsection (b)— (A) by striking ‘‘work commemorating a lesser conflict’’ and inserting ‘‘work solely commemorating a limited military engagement’’; and 

(B) by striking ‘‘the event.’’ and inserting ‘‘such war or conflict.’’. (2) In subsection (d)— (A) by striking ‘‘CONSULTATION WITH NATIONAL CAPITAL MEMORIAL COM- MISSION.—’’ and inserting ‘‘CONSULTATION WITH NATIONAL CAPITAL MEMO- RIAL ADVISORY COMMISSION.—’’; 

(B) by striking ‘‘House Administration’’ and inserting ‘‘Resources’’; and 

(C) by inserting ‘‘Advisory’’ before ‘‘Commission’’. (3) Subsection (e) is amended to read as follows: ‘‘(e) EXPIRATION OF LEGISLATIVE AUTHORITY.—Any legislative authority for a commemorative work shall expire at the end of the seven-year period beginning on the 

date of the enactment of such authority, or at the end of the seven-year period beginning on the date of the enactment of legislative authority to locate the commemorative work within Area I, if such additional authority has been granted, unless: 

‘‘(1) the Secretary of the Interior or the Administrator of General Services (as 

appropriate) has issued a construction permit for the commemorative work during that period; or 

‘‘(2) the Secretary or the Administrator (as appropriate), in consultation with 

the National Capital Memorial Advisory Commission, has made a determination 

that—

‘‘(A) final design approvals have been obtained from the National Capital 

Planning Commission and the Commission of Fine Arts; and 

‘‘(B) 75 percent of the amount estimated to be required to complete the 

memorial has been raised. 

‘‘If these two conditions have been met, the Secretary or the Administrator (as 

appropriate) may extend the seven-year legislative authority for a period not to 

exceed three years from the date of expiration. Upon expiration of the legislative authority, any previous site and design approvals shall also expire.’’

(d) NATIONAL CAPITAL MEMORIAL ADVISORY COMMISSION.—Section 8904 of title 

40, United States Code, is amended as follows: 

(1) By striking ‘‘§ 8904. National Capital Memorial Commission’’ and inserting 

‘‘§ 8904. National Capital Memorial Advisory Commission’’. 

(2) In subsection (a) by striking ‘‘There is a National Capital Memorial Commission. The membership of the Commission consists of—’’ and inserting ‘‘The 

National Capital Memorial Advisory Commission is hereby established and 

shall include the following members (or their designees):’’. 

(3) In subsection (c)—

(A) by inserting ‘‘Advisory’’ before ‘‘Commission’’; and 

(B) by striking ‘‘Services’’ and inserting ‘‘Services (as appropriate)’’. 

(4) In subsection (d) by inserting ‘‘Advisory’’ before ‘‘Commission’’. 

(e) SITE AND DESIGN APPROVAL.—Section 8905 of title 40, United States Code, is 

amended as follows: 

(1) In subsection (a)—

(A) by striking ‘‘person’’ and inserting ‘‘sponsor’’ each place it appears; 

(B) by inserting ‘‘Advisory’’ before ‘‘Commission’’ in paragraph (1); and 

(C) by striking ‘‘designs’’ and inserting ‘‘design concepts’’. 

(2) In subseciton (b)—

(A) by striking ‘‘and Administrator’’ and inserting ‘‘or Administrator (as 

appropriate)’’; and

(B) in paragraph (2)(B), by striking ‘‘open space and existing public use.’’

and inserting ‘‘open space, existing public use, and cultural and natural resources.’’. 

(f) CRITERIA FOR ISSUANCE OF CONSTRUCTION PERMIT.—Section 8906 of title 40, 

United States Code, is amended as follows: 

(1) In subsection (a)(3) and (a)(4) by striking ‘‘person’’ and inserting ‘‘sponsor;’’

and 

(2) By amending subsection (b) to read as follows: 

‘‘(b) DONATION FOR PERPETUAL MAINTENANCE AND PRESERVATION.—

‘‘(1) In addition to the criteria described above in subsection (a), no construction permit shall be issued unless the sponsor 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 presVerDate Jan 31 2003 22:52 Jul 13, 2003 Jkt 019010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6621 E:\HR\OC\SR098.XXX SR098
4

ervation of the commemorative work. All such amounts shall be available for 

those purposes pursuant to the provisions of this subsection. The provisions of 

this subsection shall not apply in instances when the commemorative work is 

constructed by a Department or agency of the Federal Government and less 

than 50 percent of the funding for such work is provided by private sources. 

‘‘(2) Notwithstanding any other provision of law, money on deposit in the 

Treasury on the date of enactment of this subsection provided by a sponsor for 

maintenance pursuant to this subsection shall be credited to a separate account 

in the Treasury. 

‘‘(3) Money provided by a sponsor pursuant to the provisions of this subsection 

after the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 shall be credited to a separate account with the National 

Park Foundation. 

‘‘(4) Upon request, the Secretary of the Treasury or the National Park Foundation shall make all or a portion of such moneys available to the Secretary or 

the Administrator (as appropriate) for the maintenance of a commemorative 

work. Under no circumstances may the Secretary or Administrator request 

funds from a separate account exceeding the total money in the account established under paragraph (2) or (3). The Secretary and the Administrator shall 

maintain an inventory of funds available for such purposes. Funds provided 

under this paragraph shall be available without further appropriation and shall 

remain available until expended.’’. 

(g) AREAS I AND II.—Section 8908 of title 40, United States Code, is amended—

(1) by striking ‘‘Secretary of the Interior and Administrator of General Services’’

and inserting ‘‘Secretary of the Interior or the Administrator of General Services (as 

appropriate)’’; and 

(2) by striking ‘‘numbered 869/86581, and dated May 1, 1986.’’ and inserting 

‘‘entitled ‘Commemorative Areas Washington, DC and Environs’, numbered 869/

86501 B, and dated June 24, 2003. 

SEC. 204. SITE AND DESIGN CRITERIA. 

Section 8905 of title 40, United States Code, is further amended by adding the 

following new paragraphs to subsection (b): 

‘‘(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(4); 

‘‘(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 carriers out the purposes of this Act; and 

‘‘(7) DONOR CONTRIBUTIONS.—Donor contributions to commemorative works 

shall not be acknowledged in any manner as part of the commemorative work 

or its site.’’. 

SEC. 205. NO EFFECT ON PREVIOUSLY APPROVED SITES. 

Nothing in this title shall apply to a commemorative work for which a site was 

approved in accordance with the Commemorative Works Act to the date of enactment of this title. 

SEC. 206. NATIONAL PARK SERVICE REPORTS. 

Within six months after the date of enactment of this title, the Secretary of the 

Interior, in consultation with the National Capital Planning Commission and the 

Commission of Fine Arts, shall submit to the Committee on Energy and Natural Resources of the United States Senate, and to the Committee on Resources of the 

United States House of Representatives reports setting forth plans for the following: 

(1) To relocate the National Park Service’s stable and maintenance facilities 

that are within the Reserve as expeditiously as possible. 

(2) To relocate, redesign or otherwise alter the concession facilities that are 

within the Reserve to the extent necessary to make them compatible with the 

Reserve’s character. 

(3) To limit the sale or distribution of permitted merchandise to those areas 

where such activities are less intrusive upon the Reserve and to relocate and 

existing sale or distribution structures that would otherwise be inconsistent 

with the plan. 

(4) To make other appropriate changes, if any, to protect the character of the 

Reserve.

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PURPOSE OF THE MEASURE

The purposes of S. 1076, as ordered reported, are to authorize 

the Vietnam Veterans Memorial Fund, Inc., to construct an education center at or near the Vietnam Veterans Memorial, and to 

amend chapter 89 of title 40, United States Code (commonly referred to as the ‘‘Commemorative Works Act’’) to establish the Reserve on the National Mall, where the siting of new commemorative works would be prohibited. 

BACKGROUND AND NEED

The Vietnam Veterans Memorial comprises approximately 3 

acres in the northwest area of the Mall. Several new features have 

been added to the memorial since its dedication in 1982. The Three 

Servicemen Statue was added in 1984 and the Vietnam Women’s 

Memorial was added in 1993. In addition, Congress enacted Public 

Law 106–214 in 2000, which authorized the placement of a plaque 

on the memorial grounds to honor Vietnam veterans who died after 

the war, but as direct result of it. 

S. 1076 would add a new feature to the site by authorizing the 

Vietnam Veterans Memorial Fund, Inc. to construct an education 

center at the memorial. The education center is intended to give 

visitors to the memorial an opportunity to learn more about the 

memorial and the Vietnam War. 

LEGISLATIVE HISTORY

S. 1076 was introduced by Senators Hagel, McCain, and Kerry 

on May 19, 2003. The Subcommittee on National Parks held a 

hearing on S. 1076 on June 3, 2003. Companion legislation, H.R. 

1442, was introduced by Representative Pombo on March 26, 2003. 

In the 107th Congress, a similar bill, S. 281, was introduced by 

Senator Hagel, and others on February 7, 2001. The Subcommittee 

on National Parks held a hearing on the bill on July 17, 2001. The 

Committee favorably reported S. 281 with an amendment in the 

nature of a substitute on June 25, 2002. 

At the business meeting on June 25, 2003, the Committee on Energy and Natural Resources ordered S. 1076, as amended, favorably reported. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on June 25, 2003, by unanimous vote of a quorum 

present, recommends that the Senate pass S. 1076, if amended as 

described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 1076, the Committee adopted an 

amendment in the nature of a substitute, consisting of two titles. 

Title I, pertaining to the education center, is similar to S. 1076 

as introduced, and retains all of the language reported by the Committee for S. 281 in the 107th Congress, with the exception of language authorizing the use of commemorative coin sale revenues for 

the education center. 

6

As reported, S. 1076 also includes a new title II, which amends 

the Commemorative Works Act in a number of respects. Most importantly, section 202 of the substitute would establish a reserve 

area along the National Mall where new commemorative works 

would be prohibited, with the exception of the Vietnam Veterans 

Memorial Education Center authorized by the bill. Title II is almost identical to an amendment adopted by the Committee during 

the 107th Congress to S. 281. 

The substitute’s designation of the Reserve responds to the increasing congestion of the National Mall. An average of one new 

memorial a year has been built within the District of Columbia 

over the last century, and many of these have been authorized for 

locations on the Mall—including no fewer than seven new memorials on the Mall in the years from 1980–2000 alone. These trends 

foreshadow a proliferation of commemorative works that threaten 

the historic open space of the Nation’s greatest symbolic landscape. 

Representatives of the National Capital Memorial Commission of 

Fine Arts, and the National Capital Planning Commission organized as a Joint Task Force on Memorials in order to devise strategies to guide new memorial development away from the Mall and 

into all quadrants of the city. Following public comment, in January 2000 all three commissions adopted a policy establishing a Reserve to preserve the monumental core and redirect memorials 

throughout the city. 

The Reserve, an area where no new memorials will be constructed other than the Vietnam Veterans Memorial Education 

Center and the previously authorized World War II and Martin Luther King Jr. Memorials, generally encompasses the central cross 

axis of the Mall. One protected axis extends along the length of the 

Mall between the U.S. Capitol and the Lincoln Memorial, and the 

other extends across the Mall between the Jefferson Memorial and 

the White House. The amendment broadens the task force’s proposed reserve to include all of the area between Constitution and 

Independence Avenues from 14th Street west to the Lincoln Memorial, and expends the boundary of the Reserve to include lands 

south of Independence Avenue along Ohio Drive to the Inlet Bridge 

area of the Tidal Basin. 

The substitute amendment is explained in detail in the sectionby-section analysis, below. 

SECTION-BY-SECTION ANALYSIS

Title I authorizes the construction of an education center at or 

near the Vietnam Veterans Memorial.

Section 101 further amends Public Law 96–297, as amended, (16 

U.S.C. 431 note) by adding at the end a new section 6 as follows: 

Subsection (a) authorizes the Vietnam Veterans Memorial Fund, 

Inc., to construct an education center at or near the Vietnam Veterans Memorial site. The education center may be located above 

ground or underground, as determined through the approval process set forth under the Commemorative Works Act and this Act. 

Subsection (b)(1) provides the Commemorative Works Act (40 

U.S.C. 8901 et seq.) shall apply to the education center, except that 

final approval of the education center shall not be withheld and the 

provisions of section 8909(b) of that Act requiring approval by law 

7

for the location of a commemorative work within Area I shall not 

apply. 

Paragraph (2) states that notwithstanding section 8908(c) of the 

Commemorative Works Act (as added by this Act), the designation 

of the Reserve shall not preclude the approval of a site for the education center within the Reserve. 

Paragraph (3) provides that section 8905(b)(5) of the Commemorative Works Act (as added by this Act), prohibiting the authorization of a commemorative work primarily designed as a museum on 

lands under the jurisdiction of the Secretary of the Interior within 

Area I or East Potomac Park, shall not be construed to deny approval of the education center. 

Paragraph (4) provides that the size of the education center shall 

be limited to the minimum necessary to provide for appropriate 

educational and interpretive functions, to prevent interference or 

encroachment on the Vietnam Veterans Memorial, and to protect 

open space and visual sightlines on the Mall. 

Paragraph (5) states that the education center shall be constructed and landscaped in a manner harmonious with the site of 

the Vietnam Veterans Memorial, consistent with the special nature 

and sanctity of the mall. 

Subsection (c) provides that the education center shall be operated and maintained by the Secretary of the Interior, consistent 

with section 8906(b) of the Commemorative Works Act (as amended 

by this Act) (requiring the donation of funds to offset the costs of 

perpetual maintenance and preservation of the commemorative 

work). 

Subsection (d) requires that all funds required for the planning, 

design and construction of the education center shall be provided 

by the Vietnam Veterans Memorial Fund, Inc., and no Federal 

funds may be used for these purposes. 

Title II amends the Commemorative Works Act to establish a reserve area along the National Mall where new commemorative 

works would be prohibited, and to make other amendments. 

Section 201 designated title II of the bill as the ‘‘Commemorative 

Works Clarification and Revision Act of 2003’’. 

Section 202 amends the section 8908 of title 40, United States 

Code, to establish a reserve area along the National Mall where 

new commemorative works would be prohibited after the date of 

enactment of this title. 

Section 203 includes clarifying and conforming amendments to 

the Commemorative Works Act. 

Subsection (a) amends section 8901(2) of title 40, United States 

Code, to encourage the location of commemorative works within the 

urban fabric of the District of Columbia. 

Subsection (b) amends section 8902(a) of title 40, United States 

Code, to revise the definition of key terms used in the Commemorative Works Act (the Act). 

Subsection (c) makes several amendments to sections 8903(b) 

and (d) of title 40, United States Code. Subsection (e) provides that, 

with certain exceptions, any legislative authority for a commemorative work shall expire at the end of the 7-year period beginning on 

the date of enactment of such authority, or at the end of the 7-year 

period beginning on the date of enactment of legislative authority 

to locate the commemorative work within Area I. In addition to the 

8

existing exception where the Secretary of the Interior or Administrator of the General Services Administration (as appropriate) has 

issued a construction permit for the commemorative work during 

that period, the amendment would also provide an exception where 

the Secretary or Administrator has made a determination that 

final design approvals have been obtained from the National Capital Planning Commission and the Commission of Fine Arts, and 75 

percent of the amount estimated to be required to complete the memorial has been raised. If the two conditions for the new exception 

are met, the Secretary or Administrator may extend the commemorative work’s 7-year legislative authority for a period not to exceed 

3 years. 

Subsection (d) amends section 8904 of title 40, United States 

Code, to redesignate the National Capital Memorial Commission as 

the National Capital Memorial Advisory Commission, and to make 

other technical and conforming changes. 

Subsection (e) makes technical amendments to section 8905 of 

title 40, United States Code. 

Subsection (f) amends section 8906 of title 40, United States 

Code, to direct that money provided by a sponsor pursuant to this 

subsection after the date of enactment of S. 1076 shall be credited 

to a separate account with the National Park Foundation. This 

subsection also makes clarifying and technical changes to other 

parts of section 8906 of the Act. 

Subsection (g) makes technical amendments to section 8908 of 

title 40, United States Code. The amendment also references a new 

map, depicting Area I and II, and the Reserve. 

Section 204 further amends section 8905 of title 40, United 

States Code, by adding paragraphs (5) through (7) in subsection (b). 

Paragraph (5) prohibits the location of any commemorative work 

primarily designed as a museum on lands under the jurisdiction of 

the Secretary of the Interior in Area I or in East Potomac Park as 

depicted on the map referenced in section 8902(4). 

Paragraph (6) provides that 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 carriers out the 

purposes of this Act. 

Paragraph (6) provides that donor contributions to commemorative works shall not be acknowledged in any manner as part of the 

commemorative work or its site. 

Section 205 provides that nothing in this title shall apply to a 

commemorative work for which a site was approved in accordance 

with the Commemorative Works Act prior to the date of enactment 

of this title. 

Section 206 provides that within 6 months after the date of enactment of this title, the Secretary of the Interior, in consultation 

with the National Capital Planning Commission and the Commission of Fine Act, shall submit to the Congressional committees of 

jurisdiction reports setting forth plans for the following: 

(1) To relocate the National Park Service’s stable and maintenance facilities that are within the Reserve as expeditiously 

as possible; 

9

(2) To relocate, redesign, or otherwise after the concession facilities that are within the Reserve to the extent necessary to 

make them compatible with the Reserve’s character; 

(3) To limit the sale or distribution of permitted merchandise 

to those areas where such activities are less intrusive upon the 

Reserve, and to relocate any existing sale or distribution structures that would otherwise be inconsistent with the plan; and 

(4) To make other appropriate changes, if any, to protect the 

character of the Reserve. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office.

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 30, 2003. 

Hon. PETE V. DOMENICI, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1076, a bill to authorize construction of an education center at or near the Vietnam Veterans 

Memorial, and for the purposes. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBS staff contact is Deborah Regis. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, Director. 

Enclosure.

S. 1076—A bill to authorize construction of an education center at 

or near the Vietnam Veterans Memorial 

Title I of S. 1076 would authorize the establishment of an education center near the Vietnam Veterans Memorial. Title II would 

amend the Commemorative Works Act, which governs the requirements for building memorials on federal land. Assuming appropriation of the necessary amounts, CBO estimates that implementing 

title I would cost about $1 million annually. The changes made by 

title II would have no significant impact on the federal budget. Enacting S. 1076 would not affect direct spending or revenues. 

S. 1076 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The legislation would authorize a private sponsor, the Vietnam 

Veterans Memorial Fund, Inc., to build an education center near 

the Vietnam Veterans Memorial in the District of Columbia. While 

no federal funds would be used to build the center, the National 

Park Service would operate it at federal expense. Under section 8 

of the Commemorative Works Act (as amended by title II of the 

bill), the sponsor would donate 10 percent of the center’s construction costs to the National Park Foundation (NPF), a private nonprofit organization. Such funds would be available to the Vietnam 

Veterans Memorial Fund for maintenance of the center. 

10

Based on the costs of operating similar interpretive facilities in 

the National Park System, CBO estimates that the government 

would spend about $1 million annually to operate the new education center once it has been constructed. (This amount excludes 

maintenance costs, which would be covered by the NPF maintenance account.) 

The CBO staff contact for this estimate is Deborah Reis. The estimate was reviewed by Paul R. Cullinan, Chief for Human Resources Cost Estimates Unit of the Budget Analysis Division.

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 1076. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 1076, as ordered reported. 

EXECUTIVE COMMUNICATIONS

On June 25, 2003, the Committee on Energy and Natural Resources requested legislative reports from the Department of the 

Interior and the Office of Management and Budget setting forth 

Executive agency recommendations on S. 1076. These reports had 

not been received at the time the report on S. 1076 was filed. When 

the reports become available, the Chairman will request that they 

be printed in the Congressional Record for the advice of the Senate. 

The testimony provided by the National Park Service at the Subcommittee hearing follows:

STATEMENT OF P. DANIEL SMITH, SPECIAL ASSISTANT TO

THE DIRECTOR, NATIONAL PARK SERVICE, DEPARTMENT

OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to present 

the Department of the Interior’s views on S. 1076, which 

would authorize the Vietnam Veterans Memorial Fund to 

construct an education center to provide information to the 

public on the Vietnam Veterans Memorial. 

We are deeply appreciative of the sacrifices made by the 

men and women who bravely served our country in Vietnam. We share the interest of the congressional sponsors 

of S. 1076 in having the American public, particularly 

younger generations, better understand and appreciate the 

extraordinary burden borne by those who fought for our 

country during a most difficult, divisive, and painful time 

in our nation’s history. 

The veterans who served our nation in Vietnam are honored here in the Nation’s Capital in what many view as 

one of the most emotionally moving memorials ever created. We are privileged to be the steward of this memorial. 

In that role, we are well aware of the deeply emotional exVerDate Jan 31 2003 22:52 Jul 13, 2003 Jkt 019010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6969 E:\HR\OC\SR098.XXX SR098
11

perience visitors have when they see the Wall. We believe 

that it is vitally important that nothing detract from the 

powerful emotion that the memorial evokes, as it is that 

emotion that helps keep alive the public’s appreciation of 

those who served in Vietnam. For this reason, as well as 

others, we give careful and cautious consideration of any 

proposal to add a new structure to the memorial. 

The Department wants to ensure that a structure on or 

adjacent to the Vietnam Veterans Memorial, as envisioned 

by S. 1076, will not detract from visitors’ experience at the 

Vietnam Veterans Memorial and the nearby Lincoln Memorial. We believe there may be other more suitable alternatives to the proposed visitor center that should be explored. We would like to work with the committee to identify alternative ways of fulfilling the goal of this legislation. 

S. 1076 would authorize the Vietnam Veterans Memorial 

Fund to construct an education center to provide information to the public on the memorial. The bill would authorize the center to be located either above ground or underground, on or adjacent to the memorial. S. 1076 requires 

the visitor center to be located in a way that prevents interference with or encroachment on the memorial and protects open space and visual sightliness on the National 

Mall, and constructed and landscaped in a manner that is 

consistent with the Memorial and the National Mall. We 

appreciate that S. 1076 seeks to be sensitive to siting and 

design concerns that have been raised since similar legislation was first introduced three years ago. 

As you know, several elements have already been added 

to the original black granite wall that were not part of the 

original design. They include the flagpole and the Three 

Servicemen statue, the Memorial to Women who Served in 

Vietnam that was constructed in 1993, and most recently, 

the In Memory Plaque, to those veterans who died after 

the war as a direct result of their military service in Vietnam, which was authorized in 2000. With each addition, 

the Department has been concerned about the risk of diminishing the original work. The proposed addition of an 

education center at the site poses a significant new challenge, since it would not be just another memorial element 

but, instead, a relatively large structure adjacent to the 

memorial. 

A similar view is shared by the two commissions that, 

by law, review proposals for structures in the monumental 

core—the National Capital Planning Commission and the 

Commission of Fine Arts—as well as the National Capital 

Memorial Commission, which advises the Secretary of the 

Interior and Congress on such proposals. Since the time 

legislation authorizing construction of a visitor or education center was first introduced, three design concepts 

have been publicized. One was a 1,200-square-foot aboveground facility that would be sited where the existing 168-

square-foot information kiosk currently stands. All three 

commissions were opposed to that proposal, and the DeVerDate Jan 31 2003 01:53 Jul 14, 2003 Jkt 019010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6969 E:\HR\OC\SR098.XXX SR098
12

partment testified in opposition to it in testimony before 

the Senate Subcommittee on National Parks in July, 2001. 

The second publicized design concept was an 8,000-

square-foot underground facility, which would include a 

substantial above-ground entrance. In a February, 2002 

letter to the President of the Vietnam Veterans Memorial 

Fund, the Director of the National Park Service indicated 

support for the concept of an underground facility, so long 

as it was appropriately sized and sited, acceptable visually, 

and had a minimum of distracting qualities to the visitor 

experience. The Director committed the National Park 

Service to consult with the Fund, as well as the National 

Capital Memorial Commission, the Commission of Find 

Arts, and the National Capital Planning Commission on 

the options available to enhance the interpretation of the 

memorial. 

At the time that the letter was written, we believed that 

it might be possible to design an underground facility for 

the memorial that was, in fact, appropriately sized and 

sited for the memorial. Since that time, however, the National Park Service has consulted with representatives of 

the three commissions. They have expressed serious concerns that, because of the practical need for a large aboveground entrance, it would be virtually impossible to design 

an underground facility in close proximity to the memorial 

that is not intrusive on the visitor experience. In a public 

meeting in September, 2002, with the National Park Service representative abstaining, the National Capital Memorial Commission—which includes representation from the 

other two commissions—voted unanimously to oppose construction of an underground visitor center at the Vietnam 

Veterans Memorial. 

The third design concept was discussed at the hearing 

on H.R. 1442, similar to S. 1076, held two weeks ago by 

the House Resources Subcommittee on National Parks, 

Recreation and Public Lands. At that hearing, the witness 

for the Vietnam Veterans Memorial Fund discussed plans 

for a 10,000-square-foot underground facility, with the entrance located at the site where the information kiosk 

stands. 

In addition, members of the three commissions are concerned about the precedent a facility of this type would set 

for other memorials. Structures similar to that proposed by 

H.R. 1442 have been disapproved or precluded at the 

Franklin Delano Roosevelt, World War II, and Martin Luther King, Jr. Memorials because they would detract from 

the visitor experience. These types of structures run 

counter to the Memorials and Museums Master Plan, 

which was endorsed by all three commissions after extensive public review. If an education center is allowed to be 

constructed at the Vietnam Veterans Memorial, it will 

make it much more difficult to deny proposals for such facilities at other similar memorials, despite both previous 

denials of such proposals and the guidelines opposing 

these structures contained in the approved Master Plan.

13

The Department is fully committed to educating the 

public about the Vietnam Veterans Memorial and the men 

and women who served our nation in Vietnam. For more 

than ten years, the Smithsonian had displayed an exhibit 

of the offerings left at the Vietnam Veterans Memorial and 

collected by National Park Service rangers. Other exhibits 

of offerings collected by the National Park Service have 

traveled to schools, universities, museums and veterans 

centers all over the world. In addition, the National Park 

Service has published a book and CD–ROM on the history 

of the memorial and runs a website designed to educate 

children about museum collections, including those associated with the Vietnam Veterans Memorial. The National 

Park Service has been involved in a number of news programs and television specials on the Vietnam Veterans 

Memorial and the history of our nation’s involvement in 

Vietnam. 

In coordination with the committee, we would like to investigate various alternatives for fulfilling the goal of this 

legislation. Two ideas we would like to explore are (1) enhancing the existing visitor kiosk and interpretation at the 

memorial, and (2) studying sites near the Mall where a 

visitor or education center for the Vietnam Veterans Memorial could be located. We are open to other ideas, as 

well, that the committee, or the Vietnam Veterans Memorial Fund, or others may suggest. 

On the first idea we mentioned, we think that it might 

be possible to modify the information kiosk at the Vietnam 

Veterans Memorial to include computerized touchscreens 

that visitors could access to find information about the memorial, and individuals who served in Vietnam. The use of 

computer technology and touchscreens would enable a 

wide variety of periodically revolving information to be 

provided to visitors. This type of technology is already in 

use at the Korean War Veterans Memorial, and is planned 

for the World War II Memorial. Along with enhancing the 

visitor kiosk, the National Park Service would want to 

work with the Vietnam Veterans Memorial Fund to develop more extensive visitor outreach and interpretive programs that do not necessitate a new structure. 

On the other idea, we would undertake a study to identify sites near the Mall that are feasible for a visitor or 

education center specifically for the Vietnam Veterans Memorial. We would expect to work closely with the Vietnam 

Veterans Memorial Fund, as well as the committee in conducting this study. 

The goal of S. 1076 of educating the public about Vietnam is an admirable one, and one that the Department 

has fully supported and will continue to support. We believe that the two possible courses we have suggested 

could lead to excellent opportunities to educate visitors 

about the men and women who served our nation in Vietnam, and would do so while preserving the sanctity of the 

memorial so that it appropriately honors them. And, as I 

mentioned, we are open to other ideas for pursuing the 

14

same goal. We look forward to working closely with the 

committee to fulfill the spirit of this legislation. 

Mr. Chairman, that concludes my statement. I would be 

pleased to answer any questions that you or other members of the committee may have.

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

1076, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is required is 

shown in roman): 

Public Law 96–297

JOINT RESOLUTION To authorize the Vietnam Veterans Memorial Fund, Inc., to 

establish a memorial. 

* * * * * * *

SEC. 6. EDUCATION CENTER. 

(A) AUTHORIZATION.—(1) The Vietnam Veterans Memorial Fund, 

Inc., is authorized to construct an education center at or near the 

Vietnam Veterans Memorial site, subject to the provisions of this 

section, in order to better inform and educate the public about the 

Vietnam Veterans Memorial. 

(2) The education center may be located above ground or underground, as determined through the approval process set forth under 

the Commemorative Works Act and this Act. 

(3) As used in this section, the term ‘‘education center’’ or ‘‘center’’ means a building or other structure approved in accordance with 

chapter 89 of title 40, United States Code (commonly referred to as 

the ‘‘Commemorative Works Act’’) and this section. 

(b) APPLICATION OF COMMEMORATIVE WORKS ACT.—(1) The Commemorative Works Act (chapter 89 of title 40, United States Code) 

shall apply to the education center, and the center shall be considered a commemorative work for the purpose of that Act, except 

that—

(A) final approval of the education center shall not be withheld; 

(B) the provisions of section 8908(b) of title 40, United States 

Code, requiring approval by law for the location of a commemorative work within Area I, shall not apply. 

(2) Notwithstanding section 8908(c) of title 40, United States Code 

(as added by the Commemorative Works Clarification and Revision 

Act of 2003), the designation of the Reserve shall not preclude the 

approval of a site for the education center within such area. 

(3) Section 8905(b)(5) of title 40, United States Code (as added by 

the Commemorative Works Clarification and Revision Act of 2003), 

prohibiting the authorization of a commemorative work primarily 

designed as a museum on lands under the jurisdiction of the Secretary of the Interior within Area I or East Potomac Park, shall not 

be construed to deny approval of the education center. 

(4) The size of the education center shall be limited to the minimum necessary—

15

(A) to provide for appropriate educational and interpretive 

functions; and 

(B) to prevent interference or encroachment on the Vietnam 

Veterans Memorial and to protect open space and visual 

sightlines on the Mall. 

(5) The education center shall be constructed and landscaped in 

a manner harmonious with the site of the Vietnam Veterans Memorial, consistent with the special nature and sanctity of the Mall. 

(c) OPERATION AND MAINTENANCE.—(1) The education center 

shall be operated and maintained by the Secretary of the Interior. 

(2) This subsection does not waive section 8906(b) of title 40, 

United States Code (as amended by the Commemorative Works 

Clarification and Revision Act of 2003), requiring the donation of 

funds to offset the costs of perpetual maintenance and preservation 

of the commemorative work. 

(d) FUNDING.—All funds required for the planning, design and 

construction of the education center shall be provided by the Vietnam Veterans Memorial Fund, Inc. No Federal funds shall be used 

for the planning, design, or construction of the center. 

Title 40, United States Code 

CHAPTER 89—NATIONAL CAPITAL MEMORIALS AND 

COMMEMORATIVE WORKS

Sec. 

8901. Purposes. 

8902. Definitions and nonapplication. 

8903. Congressional authorization of commemorative works. 

8904. National Capital Memorial Commission. 

8905. Site and design approval. 

8906. Criteria for issuance of construction permit. 

8907. Temporary site designation. 

8908. Areas I and II. 

8909. Administrative.

§ 8901. Purposes 

The purposes of this chapter are—

(1) to preserve the integrity of the comprehensive design of 

the L’Enfant and McMillan plans for the Nation’s Capital; 

(2) to ensure the continued public use and enjoyment of open 

space in the District of øColumbia;¿ Columbia and its environs, 

and to encourage the location commemorative works within the 

urban fabric of the District of Columbia; 

* * * * * * *

§ 8902. Definitions and nonapplication 

ø(a) DEFINITIONS.—In this chapter, the following definitions 

apply: 

ø(1) COMMEMORATIVE WORK.—The term ‘‘commemorative 

work’’—

ø(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, 

16

group, event or other significant element of American history; but 

ø(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. 

ø(2) PERSON.—The term ‘‘person’’ means— ø(A) a public agency; and 

ø(B) an individual, group or ogranization— ø(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 

ø(ii) authorized by Congress to establish a commemorative work in the District of Columbia and its 

environs. 

ø(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.¿

(a) DEFINITIONS.—In this chapter, the following definitions apply 

(1) 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 term ‘‘sponsor’’ means 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 authorized 

by Congress to establish a commemorative work in the District 

of Columbia and its environs; 

(3) 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 (4); 

(4) 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.

* * * * * * *

§ 8903. Congressional authorization of commemorative 

works 

* * * * * * *

(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 comVerDate Jan 31 2003 22:52 Jul 13, 2003 Jkt 019010 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\SR098.XXX SR098
17

memorative øwork commemorating a lesser conflict¿ work solely 

commemorating a limited military engagement 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 øthe event¿

such war or conflict.

* * * * * * *

(d) øCONSULTATION WITH NATIONAL CAPITAL MEMORIAL COMMISSION.—¿ CONSULTATION WITH NATIONAL CAPITAL MEMORIAL ADVISORY COMMISSION.—In considering legislation authorizing commemorative works in the District of Columbia and its environs, the 

Committee on øHouse Administration¿ Resources 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 Advisory Commission. 

ø(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.¿

(e) EXPIRATION OF LEGISLATIVE AUTHORITY.—Any legislative authority for a commemorative work shall expire at the end of the 

seven-year period beginning on the date of the enactment of such authority, or at the end of the seven-year period beginning on the date 

of the enactment of legislative authority to locate the commemorative work within Area I, if such additional authority has been 

granted, unless: 

(1) the Secretary of the Interior or the Administrator of General Services (as appropriate) has issued a construction permit 

for the commemorative work during that period; or 

(2) the Secretary or the Administrator (as appropriate), in 

consultation with the National Capital Memorial Advisory 

Commission, has made a determination that— (A) final design approvals have been obtained from the 

National Capital Planning Commission and the Commission of Fine Arts; and 

(B) 75 percent of the amount estimated to be required to 

complete the memorial has been raised. 

If these two conditions have been met, the Secretary or the Administrator (as appropriate) may extend the seven-year legislative authority for a period not to exceed three years from the date of expiration. 

Upon expiration of the legislative authority, any previous site and 

design approvals shall also expire.

ø§ 8904. National Capital Memorial Commission¿ § 8904. National Capital Memorial Advisory Commission 

(a) ESTABLISHMENT AND COMPOSITION.—øThere is a National 

Capital Memorial Commission. The membership of the Commission 

consists of—¿ The National Capital Memorial Advisory Commission is hereby established and shall include the following members 

(or their designees): 

* * * * * * *

18

(c) ADVISORY ROLE.—The National Capital Memorial Advisory

Commission shall advise the Secretary of the Interior and the Administrator of General øServices¿ Services (as appropriate) 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 Advisory Commission shall meet at least twice annually. 

§ 8905. Site and design approval 

(a) CONSULTATION ON, AND SUBMISSION OF, PROPOSALS.—A øperson¿ 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 person must consult with the National Capital Memorial Advisory Commission regarding the 

selection of alternative sites and ødesigns¿ 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 

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, øand Administrator¿ 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 øopen 

space and existing public use.¿ open space, existing public 

use, and cultural and natural resources.

* * * * * * *

(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(4); 

(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 Act; and 

(7) DONOR CONTRIBUTIONS.—Donor contributions to commemorative works shall not be acknowledged in any manner as 

part of the commemorative work or its site.

19

§ 8906. Criteria for issuance of construction permit 

* * * * * * *

(3) the øperson¿ sponsor authorized to construct the commemorative work has submitted contract documents for construction of the commemorative work to the Secretary or Administrator; and 

(4) the øperson¿ sponsor authorized to construct the commemorative work has available sufficient amounts to complete 

construction of the project.

ø(b) DONATION FOR PERPETUAL MAINTENANCE AND PRESERVA- TION.—

ø(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. 

ø(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. 

ø(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. 

ø(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.¿

(b) DONATION FOR PERPETUAL MAINTENANCE AND PRESERVA- TION.—

(1) In addition to the criteria described above in subsection 

(a), no construction permit shall be issued unless the sponsor 

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. All such amounts shall be 

available for those purposes pursuant to the provisions of this 

subsection. The provisions of this subsection shall not apply in 

instances when the commemorative work is constructed by a Department or agency of the Federal Government and less than 50 

percent of the funding for such work is provided by private 

sources. 

(2) Notwithstanding any other provision of law, money on deposit in the Treasury on the date of enactment of this subsection 

provided by a sponsor for maintenance pursuant to this subsection shall be credited to a separate account in the Treasury. 

(3) Money provided by a sponsor pursuant to the provisions 

of this subsection after the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 shall be 

20

credited to a separate account with the National Park Foundation. 

(4) Upon request, the Secretary of the Treasury or the National Park Foundation shall make all or a portion of such 

moneys available to the Secretary or the Administrator (as appropriate) for the maintenance of a commemorative work. 

Under no circumstances may the Secretary or Administrator request funds from a separate account exceeding the total money 

in the account established under paragraph (2) or (3). The Secretary and the Administrator shall maintain an inventory of 

funds available for such purposes. Funds provided under this 

paragraph shall be available without further appropriation and 

shall remain available until expended.

* * * * * * *

§ 8908. Areas I and II 

(a) AVAILABILITY OF MAP.—The øSecretary of the Interior and 

Administrator of General Services¿ Secretary of the Interior and 

Administrator of General Services (as appropriate) shall make 

available, for public inspection at appropriate offices of the National Park Service and the General Services Administration, the 

map ønumbered 869/86581, and dated May 1, 1986.¿ numbered 

869/86501B, and dated June 24, 2003. 

* * * * * * *

(c) RESERVE.—After the date of enactment of the Commemorative 

Works Clarification and Revision Act of 2003, no commemorative 

work shall be located within the Reserve. 

* * * * * * *

Æ