H. R. 1442—4
‘‘(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 commemorative work has been raised.
If these two conditions have been met, the Secretary or the Adminis-
trator (as appropriate) may extend the seven-year legislative
authority for a period not to exceed three additional years. Upon
expiration of the legislative authority, any previous site and design
approvals shall also expire.’’.
(d) NATIONAL CAPITAL MEMORIAL ADVISORY COMMISSION.—Sec-
tion 8904 of title 40, United States Code, is amended—
(1) in the heading, by inserting ‘‘Advisory’’ before
‘‘Commission’’;
(2) in subsection (a), by striking ‘‘There is a National’’
and all that follows through ‘‘consists of’’ and inserting the
following: ‘‘There is established the National Capital Memorial
Advisory Commission, which shall be composed of’’;
(3) in subsection (c)—
(A) by inserting ‘‘Advisory’’ before ‘‘Commission shall’’;
and
(B) by striking ‘‘Services’’ and inserting ‘‘Services (as
appropriate)’’; and
(4) in subsection (d) by inserting ‘‘Advisory’’ before
‘‘Commission’’.
(e) SITE
AND DESIGN APPROVAL.—Section 8905 of title 40,
United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘person’’ each place it appears and
inserting ‘‘sponsor’’; and
(B) in paragraph (1)—
(i) by inserting ‘‘Advisory’’ before ‘‘Commission’’;
and
(ii) by striking ‘‘designs’’ and inserting ‘‘design con-
cepts’’; and
(2) in subsection (b)—
(A) by striking ‘‘Secretary, and Administrator’’ and
inserting ‘‘and the Secretary or Administrator (as appro-
priate)’’; 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—
(1) in subsection (a)(3) and (a)(4) by striking ‘‘person’’ and
inserting ‘‘sponsor’’; and
(2) by striking subsection (b) and inserting the following:
‘‘(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
H. R. 1442—5
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 con-
structed 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 the
Commemorative Works Clarification and Revision Act of 2003
provided by a sponsor for maintenance pursuant to this sub-
section 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 Commemo-
rative Works Clarification and Revision Act of 2003 shall be
credited to a separate account with the National Park Founda-
tion.
‘‘(4) Upon request of the Secretary or Administrator (as
appropriate), 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 cir-
cumstances 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 para-
graph shall be available without further appropriation and
shall remain available until expended.’’.
(g) AREAS I AND II.—Section 8908(a) 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 Wash-
ington, DC and Environs’, numbered 869/86501 B, and dated
June 24, 2003’’.
SEC. 204. SITE AND DESIGN CRITERIA.
Section 8905(b) of title 40, United States Code (as amended
by section 203(e)), is amended by adding at the end the following:
‘‘(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).
‘‘(6) SITE-SPECIFIC GUIDELINES.—The National Capital Plan-
ning 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.
H. R. 1442—6
‘‘(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.
Except for the provision in the amendment made by section
202(b) prohibiting a visitor center from being located in the Reserve
(as defined in section 8902 of title 40, United States Code), nothing
in this title shall apply to a commemorative work for which a
site was approved in accordance with chapter 89 of title 40, United
States Code, prior to the date of enactment of this title.
SEC. 206. NATIONAL PARK SERVICE REPORTS.
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 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, as soon as practicable after the date of
enactment of this Act, the National Park Service’s stable and
maintenance facilities that are within the Reserve (as defined
in section 8902 of title 40, United States Code).
(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 merchan-
dise to those areas where such activities are less intrusive
upon the Reserve, and to relocate any existing sale or distribu-
tion structures that would otherwise be inconsistent with the
plan.
(4) To make other appropriate changes, if any, to protect
the character of the Reserve.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.