Commemorative Works in the District of Columbia: Background and Practice
Released: 2015-03-10T00:00:00

Introduction

Since Congress approved an equestrian statue to George Washington in 1783, more than 100 other memorials have been authorized in the District of Columbia. Prior to 1986, however, statutory criteria for authorizing commemorative works, including memorials, did not exist. Not only did Congress authorize commemorative works, but it also established how the sponsoring organizations would choose site locations and approve memorial designs.

In some cases, special memorial commissions were established and given authority to select a location for the memorial. The Lincoln Memorial Commission and the Jefferson Memorial Commission, for instance, were provided with such authority. Congress also authorized private organizations to select a site, sometimes with the approval of the President, as in the case of the Washington Monument.

Although a general practice for the commemorative work creation process existed by the mid-20 th century, impetus for a statutory commemorative work creation program was not realized until the 1980s. In 1986, Congress debated and passed the Commemorative Works Act to guide the memorial creation process in the District of Columbia.

This report examines the evolving process by which memorials have been proposed, approved, and constructed in the District of Columbia. It begins with a discussion of the creation of the District and its unique place as the center of the U.S. government and the location of numerous memorials to individuals and historic events. The report then discusses the creation and operation of the Commemorative Works Act that was enacted to guide the process for creating a commemorative work in the District of Columbia. It concludes with four appendixes: a summary of the original Commemorative Works Act legislation; the 24-step process recommended for creating a memorial in the District of Columbia; a map showing various areas eligible for memorial construction in the District of Columbia; and a list of government agencies that might be involved in the memorial creation process.

This report does not address memorials outside the District of Columbia.

Creating the District of Columbia

On July 16, 1790, President George Washington signed a bill authorizing him to designate "a district of territory, not exceeding ten miles square, to be located as hereafter directed on the river Potomac, at some place between the mouths of the Eastern Branch and Connogochegue, be, and the same is hereby accepted for the permanent seat of government of the United States." Pursuant to the Residency Act, the President had a choice between two areas on the Potomac River—land where the Eastern Branch (now the Anacostia River) met the Potomac River and the area around the Village of Georgetown. After ordering surveys of both areas, Washington chose the confluence of the Potomac River and Anacostia Rivers as the capital site. Subsequently, he chose Major Pierre Charles L'Enfant, who had just completed a successful refurbishment of Federal Hall in New York City, as the city's architect and commissioned Major Andrew Ellicott to survey the 10-square-mile district.

L'Enfant Plan

Major L'Enfant was charged with designing the federal city, including spaces for the President's house, the Capitol Building, and the grid of streets that would transport political leaders from one part of the city to another. The federal spaces are widely considered to be the "most significant design feature of the plan for the nation's capital." Within the federal precinct, L'Enfant's plan deemphasized any single part of the federal government. Political scientist James Sterling Young, in his book The Washington Community , describes L'Enfant's vision in creating the federal capital.

There is no single center in the ground plan of the governmental community, no one focus of activity, no central place for the assembly of all its members. What catches the eye instead is a system of larger and lesser centers widely dispersed over the terrain, "seemingly connect," as L'Enfant put it, by shared routes of communication. It is clear that the planner intended a community whose members were to work or live not together but apart from each other, segregated into distinct units.

As depicted in Figure 1 , Major L'Enfant worked to provide symbolic separation between Congress, the President, and the Supreme Court as provided for by separation of powers principles found in the Constitution. In describing the decision to keep the constitutional centers of powers separated, L'Enfant "argued that the distance between the two buildings [the President's house and the Capitol] was not all that great in his plan and further that 'no message to nor from the President is to be made without a sort of decorum which will doubtless point out the propriety of Committee waiting on him in carriage should his palace be even contiguous to Congress.'"

The original boundaries of the District of Columbia extended beyond the federal city depicted in Figure 1 . A 10-mile square, created from land ceded from Maryland and Virginia, it also included much of modern-day Alexandria, Virginia, and Arlington County. Following Congress's move to the District in 1800, proposals were introduced to retrocede (return) portions of the District south of the Potomac River to Virginia. In 1846, Congress determined that "the portion of the District of Columbia ceded to the United States by the State of Virginia has not been, or is ever likely to be, necessary for that purpose…" and passed legislation returning Alexandria to Virginia. President James Polk signed the bill into law on July 9, 1846.

McMillan Plan

For nearly a century, Congress and city planners ignored many elements of L'Enfant's plan for Washington, DC, until a new call for planning was developed to celebrate the city's 100 th anniversary in 1900. Led by Senator James McMillan, the effort to review and create a new comprehensive plan for the District of Columbia was undertaken by the Senate Park Commission. Created in March 1901, as part of a Senate resolution directing the Committee on the District of Columbia to study the park system in the District, the commission was instructed to examine questions that had "arisen as to the location of public buildings, of preserving spaces for parks in the portion of the District beyond the limits of the city of Washington, of connecting and developing existing parks by attractive drives, and of providing for the recreation and health of a constantly growing population."

The committee hired Daniel Burnham and Frederick Law Olmsted as consultants to study the design of the city and the landscaping of the National Mall. The McMillan Commission plan examined all aspects of L'Enfant's original design and made recommendations to return the monumental core of the city, particularly the Mall, to the intent of L'Enfant's plans. In their report to the Senate Committee on the District of Columbia, the commission summarized why such a plan was necessary.

Now that the demand for new public buildings and memorials has reached an acute stage, there has been hesitation and embarrassment in locating them because of the uncertainty in securing appropriate sites. The Commission were thus brought face to face with the problem of devising such a plan as shall tend to restore that unity of design which was the fundamental conception of those who first laid out the city as a national capital, and of formulating definite principles for the placing of those future structures which, in order to become effective, demand both a landscape setting and a visible orderly relation one to another for their mutual support and enhancement.

Figure 2 shows the McMillan Commission plan for the National Mall.

While the McMillan plan was never fully implemented, it laid the foundation for additional studies and plans for further development in the District of Columbia over the next 100 years. Additionally, the McMillan plan included concepts for the creation of monuments within the federal landscape. The McMillan Plan also emphasized various design features of the federal core including the National Mall, Federal Triangle, the area that is now the Lincoln Memorial, and the Ellipse. In recent years, the McMillan Plan's concepts have been codified through plans and studies by the National Capital Planning Commission, the official planning agency authorized by Congress in 1924.

Commemorative Works Act

In 1986, the Commemorative Works Act (CWA) was enacted to guide the creation of memorials in the District of Columbia. Congress created the act in an effort

(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 Columbia and its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia; (3) to preserve, protect, and maintain the limited amount of open space available to residents of, and visitors to, the Nation's Capital; and (4) to ensure that future commemorative works in areas administered by the National Park Service and the Administrator of General Services in the District of Columbia and its environs are…appropriately designed, constructed, and located; and…reflect a consensus of lasting national significance of the subjects involved.

The act further defined a commemorative work as "any statue, monument, sculpture, memorial, plaque, inscription, or other structure of 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." The CWA does not apply to military properties, such as the Pentagon, Arlington National Cemetery, or Fort McNair, nor does the act apply to land under the jurisdiction of the Smithsonian or the Architect of the Capitol.

Initial Passage

On March 11, 1986, Representative William Hughes introduced H.R. 4378 "a bill to govern the establishment of commemorative works within the National Capital Region of the National Park System." It was initially referred to the House Committee on Interior and Insular Affairs, then to the Subcommittee on National Parks and Recreation, which held a hearing on April 15 and reported the bill to the full committee. On April 23, the full committee approved H.R. 4378 and on May 5 recommended its enactment by the House.

The committee's report indicated that legislation was necessary because of the "numerous groups" seeking to place additional commemorative works in the District of Columbia and the need to strike a balance between different uses of park land. The report also indicated that "[b]alance needs to be achieved between commemorative works on National Park land and the myriad of activities that occur there. Commemorative works erected in the future should meet the appropriate tests of being of lasting national significance, and designed and constructed to be physically durable."

On May 5, the House debated H.R. 4378 . Representative Bruce Vento, one of the bill's supporters, linked the placement of commemorative works to the L'Enfant and McMillan plans for the District of Columbia.

Mr. Speaker, as Americans, we are fortunate as a nation to have a capital city specifically planned and designed to embody our ideals, a city of both magnificence and practicality. The design we now have comes to us only because of the diligence and vigilance of our predecessors. Through their efforts we can still see the city that Pierre L'Enfant planned and that the 1902 U.S. Senate Park Commission with the McMillan plan restored, with its vistas, its orderly but grand street patterns and its open space.

Other Members expressed reservations about aspects of the bill. For example, Representative Michael Strang focused on placing commemorative works within the context of the city's design, and the importance of finding balance among uses of public lands.

I believe the major goal of this legislation—to limit the proliferation of insignificant works in D.C.—is certainly meritorious. As additional works are located in this area, the open space which is used by numerous residents and visitors for a variety of activities, is lost forever. While I strongly support commemorating worthy individuals and events in our Nation's history, I also feel a balance of uses for the public lands in our Nation's Capital must be established shortly.

H.R. 4378 passed the House by voice vote later that day. Subsequently, H.R. 4378 was referred to the Senate Committee on Energy and Natural Resources.

On June 24, the Senate Energy and Natural Resources Committee's Subcommittee on Public Lands, Reserved Water, and Resource Conservation held a hearing on both S. 2522 , a "bill to provide standards for placement of commemorative works on certain federal lands in the District of Columbia and its environs, and for other purposes," and H.R. 4378 . The committee reported H.R. 4378 , replacing the House language with the text of S. 2522 . The Senate debated H.R. 4378 on September 10 and passed the bill by voice vote.

On September 29, the House took up H.R. 4378 , agreed to the Senate amendments with a few House clarifying amendments, and passed H.R. 4378 , as amended, by voice vote. On October 16, the Senate concurred with the House amendments and passed the bill. The Commemorative Works Act (CWA) was signed into law by President Ronald Reagan on November 14, 1986. The CWA, as enacted, contained 10 sections covering the purposes of the bill, definitions, congressional authorization for memorials, creation of the National Capital Memorial Commission, conditions for memorial placement in different parts of the District of Columbia, site design and approval, issuance of construction permits, creation of a temporary memorial site, and other administrative provisions. Table A-1 , in Appendix A , provides a summary of the original provisions contained in the CWA for each section of the bill.

Extending Legislative Authority

By 1991, Congress realized that many authorized sponsor groups were not able to complete memorial construction in the allocated time period. Pursuant to Section 10(b) of the CWA, legislative authority for commemorative works expired within five years of its enactment, unless a construction permit was issued. Of the eight commemorative works authorized between the 99 th Congress (1985-1986) and the 101 st Congress (1989-1990), only one, the American Armored Force Memorial, had met the five-year deadline. To address this issue, Representative William Clay introduced H.R. 3169 , "To lengthen from five to seven years the expiration period applicable to legislative authority relating to construction of commemorative works on Federal land in the District of Columbia and its environs."

During the House debate, Representative Wayne Allard argued that lengthening the time required to complete a commemorative work was necessary:

As the subcommittee chairman has described, the Commemorative Works Act was enacted in 1986 in order to address the numerous requests received by Congress to authorize commemorative works on public space in the D.C. area. Overall this act has been very successful in ensuring that only the most important works are constructed and that those works constructed are of the highest quality.

Of course, it takes time to develop an outstanding proposal and it appears that when Congress enacted this law 5 years ago, we underestimated the amount of time required to secure the necessary approvals and raise funds for these projects.

Following debate, the House passed H.R. 3169 by voice vote. The Senate Committee on Energy and Natural Resources reported the bill on November 12, and the full Senate passed the measure without debate on November 27. The bill was signed into law by President George H.W. Bush on December 11, 1991.

Further Extending Legislative Authority

Following the extension of authority to complete a commemorative work to seven years, on August 6, 1993, Representative Nancy Johnson introduced H.R. 2947 to further extend the legislative authority of the Black Revolutionary War Patriots Foundation to nine years from the date of initial enactment. The Committee on Natural Resources reported the bill on November 20 with amendments to not only extend the legislative authority for the Black Revolutionary War Patriots Foundation, but also for the Women in Military Service for America Memorial, and the National Peace Garden. In addition, the committee included other technical amendments to the CWA at the request of the National Capital Memorial Commission.

During the ensuing floor debate, Representative Bruce Vento summarized the committee's rationale for further extending legislative authorities of the three memorials and the necessity of further amending the CWA.

Mr. Speaker, H.R. 2947 as originally introduced by Congresswoman Nancy Johnson, would extend the authorization for the Black Revolutionary War Patriots Memorial…. As amended by the Committee on Natural Resources, H.R. 2947 extends the authorization for the establishment of three commemorative works to be constructed here in the Nation's Capital and makes various technical amendments to the Commemorative Works Act. …The Black Revolutionary War Patriots Memorial, the women in military service to America and the National Peace Garden have all been authorized under the Commemorative Works Act. All three have obtained the initial site and design approvals as required by the law. But for various reasons, particularly because of the difficulty of fundraising, each of them has requested an extension for the completion of their commemorative works. This legislation extends their authorizations to 10 years—an additional 3 years for each. I support this extension with the understanding that there will be no further extensions.

As amended by the Committee on Natural Resources, H.R. 2947 also makes various changes to the Commemorative Works Act. Primarily technical, these changes were requested by the National Capital Memorial Commission, and by those responsible for administrating the act. The most important of these changes adds provisions on accountability for fundraisers so that the public's trust is not abused.

The House passed H.R. 2947 by voice vote, and it was referred in the Senate to the Committee on Energy and Natural Resources.

In the Senate, the Committee on Energy and Natural Resources reported a further amended version of the bill that included changes to the National Capital Memorial Commission amendments, including restoring a previous deleting of a provision that "directed the Secretary of the Interior and the Administrator of the General Services Administration to develop fundraising standards and to suspend a groups' fundraising authority if the Secretary or Administrator …determined that the group's fundraising activities were not in compliance with those standards." The Senate passed the bill, as amended, by voice vote.

Upon its return to the House, H.R. 2947 was further debated. During the debate, Representative Vento explained the Senate amendments and urged passage of the bill.

The Senate deleted a provision in the House-passed bill authorizing the Secretary to suspend a memorial organization's activity if there are excessive administrative and fundraising expenses. It is the committee's intent that the National Park Service develop guidelines which provide direction to memorial organizations on the subject of unreasonable or excessive administrative costs and fundraising fees. The committee believes that guidelines from the National Park Service would also be helpful to avoiding problems in the future. The committee expects the National Park Service to monitor the fundraising activities of the memorial organizations more closely and it intends that all of the provisions of H.R. 2947 apply to all commemorative works authorized under the Commemorative Works Act.

The House passed H.R. 2947 , as amended in the Senate, by a vote of 378 to 0. It became P.L. 103-321 on August 26, 1994.

Creating the Reserve

After receiving several requests for the placement of memorials on the National Mall, Congress recognized the need to preserve the L'Enfant and McMillan visions for the Mall and prevent the area from being overbuilt. In March 2000, the Senate Committee on Energy and Natural Resources Subcommittee on National Parks, Historic Preservation, and Recreation held an oversight hearing on monuments and memorials in the District of Columbia. At the hearing, representatives from the National Capital Planning Commission, the U.S. Commission of Fine Arts, the National Park Service, the District of Columbia, and the Committee of 100 on the Federal City all testified on proposed amendments to the CWA. The proposed amendments were the result of a study conducted by the National Park Service, the National Capital Planning Commission, and the U.S. Commission of Fine Arts and provided to Congress in May 1997.

In summarizing the need for the creation of a new "reserve" area, or no-build zone, on the National Mall, J. Carter Brown, chair of the U.S. Commission of Fine Arts, also testified that the Reserve should have a building moratorium to protect the National Mall area.

With the considerable pressures to add new memorials to the city, it is inevitable that many sponsors of what they feel are preeminent causes would favor a location in the proposed reserve. Under such a continuing threat, it makes sense to define this central precinct as a no-build zone.

Even with the substantial size of the reserve, there will still be many sites available for memorials in the foreseeable future. The genius of L'Enfant's plan … created literally hundreds of sites across the city, and it is our hope their abundance and desirability will lead to the placement of future memorials throughout the capital.

In the 107 th Congress (2001-2002), Senator Chuck Hagel introduced S. 281 , the Vietnam Veterans Memorial Education Act. Reported by the Senate Committee on Energy and Natural Resources, it contained amendments to the CWA to create the Reserve and prohibit building of new memorials within its boundaries. S. 281 was not considered further by the Senate.

The issue was reintroduced in the 108 th Congress (2003-2004) by Representative Richard Pombo. Reported by the House Committee on Resources, H.R. 1442 authorized the design and construction of the Vietnam Visitor Center, and following Senate amendment, contained language to amend the CWA to create a "reserve" area. Enacted as P.L. 108-126 , a reserve area and building moratorium were established on the National Mall.

Pursuant to P.L. 108-126 , no additional commemorative works, unless they were authorized prior to P.L. 108-126 , are permitted in the Reserve. As a result, the definitions proscribed for memorial placement in Area I, where new commemorative works must be of preeminent historical and lasting significance to the United States, and Area II, which is reserved for subjects of lasting historical significance to the American people, became more important when deciding where a commemorative work should be placed. More information about the placement of commemorative works is contained below under " Designation of Areas of Washington, DC "

Permitting On-Site Donor Acknowledgment

Historically, commemorative works have been expensive. Sponsor groups are often statutorily prohibited from using federal funds to design, construct, or dedicate the monuments or memorials. Consequently, to raise the necessary funds, groups sometimes turn not only to the general public for donations, but also to corporations and foundations. Occasionally, contributors—especially corporate and foundation donors—request recognition for donation. Whether groups sponsoring monuments and memorials are allowed to recognize donations could affect the sponsor groups' ability to raise the necessary funds.

Donor recognition for monuments and memorials can generally be divided into two categories: on-site and off-site donor recognition. On-site donor recognition is the acknowledgment—either permanent or temporary—of contributions at the location of a monument or memorial. Off-site donor recognition is the acknowledgement of contributions in a manner that does not involve the monument or memorial location. This recognition can include, but is not limited to, thank you letters, awards, publicity, press conferences, mementos, and online acknowledgment. Additionally, policies on recognizing donations differ for works authorized under the CWA and for non-CWA monuments and memorials.

When it was enacted in 1986, the CWA prohibited the on-site recognition of donors at memorial sites in the District of Columbia. Between 1986 and 2013, memorial sponsors were not allowed to recognize donors on-site. In the 113 th Congress, the first exemption to the on-site ban on donor acknowledgement was provided to the Vietnam Veterans Memorial Fund to aid its effort to build the Vietnam Veterans Memorial Visitor Center. The law provided the sponsor group with the ability to recognize donors on-site, subject to the approval of the Secretary of the Interior, and at the expense of the sponsor group.

At the same time that the Vietnam Veterans Memorial Visitor Center was granted permission to recognize donors, Representative Doc Hastings introduced H.R. 2395 , "to provide for donor contribution acknowledgements to be displayed at projects authorized under the Commemorative Works Act." The bill would have amended 40 U.S.C. §8905(b) to allow acknowledgement of donor contributions, subject to several conditions. Additionally, the bill would have retroactively applied to all memorials dedicated after January 1, 2010.

In testimony on the bill before the House Natural Resources Committee, Subcommittee on Public Lands and Environmental Regulation, Stephen Whitesell, regional director of the National Capital Region for the National Park Service, supported the on-site recognition of donors. He said,

Although the Department has supported the CWA ban on donor recognition, this ban has proven to be impractical, given the challenge of funding new memorials and the reliance of the memorial sponsors on the generosity of the public in order to establish and construct memorials that Congress has authorized. We recognize the importance of acknowledging large donations for effective fundraising and, therefore, support donor recognition with appropriate limitations as described below. We do not support permanent donor recognition.

After the subcommittee hearing on July 19, 2013, H.R. 2395 did not receive further consideration. As part of the National Defense Authorization Act for FY2015, however, the language from H.R. 2395 was included as §3054. Pursuant to P.L. 113-291 , §3054(c), the CWA was amended to allow donor recognition "inside an ancillary structure associated with the commemorative work or as part of a manmade landscape feature at the commemorative work." Further, donor acknowledgement applies to all commemorative works dedicated after January 1, 2010, is to be paid for by the sponsor, and is subject to the permission of the Secretary of the Interior or the Administrator of General Services. The acknowledgment also must

(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.

Establishing a Memorial in the Nation's Capital

The standards for consideration and placement of commemorative works in areas administered by the National Park Service (NPS) and the General Services Administration (GSA) in the District of Columbia and its environs are contained in the Commemorative Works Act (CWA) of 1986, as amended. The following sections examine how commemorative works are established and maintained.

Pursuant to the CWA, the National Park Service (NPS) has developed a 24-step outline to guide groups interested in creating a commemorative work in the District of Columbia. The NPS outline guides initiation, legislation, site election and approval, design approval, fundraising, construction, and dedication of commemorative works. In addition, groups have asked for, and been granted, extensions to their initial authorization to allow additional time to complete the memorial creation process. The full guidelines from NCPC can be found in Appendix B .

Initiation

Since 1986, most commemorative works placed in the District of Columbia have been sponsored by non-governmental groups. Sponsors interested in creating a commemorative work to an individual, group, or event must find a congressional sponsor to introduce authorizing legislation. The National Capital Memorial Advisory Commission offers consultative services to potential sponsors.

Legislation

The CWA provides that no "commemorative work may be established in the District of Columbia unless specifically authorized by Congress." The CWA further specifies requirements for military works and works commemorating events, individuals, or groups. For military works, the CWA requires Congress to consider legislation only for the commemoration of "a war or similar major military conflict or a branch of the armed forces" that has been designated as officially ended for at least 10 years. Works proposed to commemorate a limited military engagement or a unit of the armed forces are not allowed. For works commemorating events, individuals, or groups, the CWA specifies that Congress will not consider legislation "until after the 25 th anniversary of the event, death of the individual, or death of the last surviving member of the group."

Legislation authorizing a commemorative work typically contains three sections: authorization to establish the work, payment of expenses, and deposit of excess funds. Authorizing legislation does not designate a specific site or design for the commemorative work, and additional information, such as findings, can be included, but is not a standard part of most commemorative works legislation. Once introduced, legislation is generally referred to the House Committee on Natural Resources and to the Senate Committee on Energy and Natural Resources.

Following authorization, additional legislation is required to designate a commemorative work in Area I (see map in Appendix C ). For example, the Adams Memorial Foundation was authorized to consider sites in Area I by Congress following the recommendation of the National Capital Memorial Advisory Commission and the Secretary of the Interior.

Commemorative Works Authorization

The first section of most commemorative works authorization bills includes specific mention of the group authorized to establish the memorial; and the individual, event, or group that is to be honored. The legislation also typically provides for the memorial's general location (i.e., in the District of Columbia or its environs), but does not provide for a specific site location. For example, the authorization language for the group authorized to create the memorial to President John Adams and his family stated,

Congress approves the location for the commemorative work to honor former President John Adams and his legacy, as authorized by P.L. 107-62 (115 Stat. 411), within Area I as described in section 8908 of title 40, United States Code, subject to the limitation in section 2.

Payment of Expenses

Other sections of commemorative works authorization bills provide the sponsor with authority to accept contributions and requires the group to make payment for all expenses related to site selection, design, and construction of the memorial. Further, the CWA requires that the sponsor must donate 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.

Many statutes authorizing commemorative works also contain a statement specifically prohibiting the use of federal funds. For example, the payment language for the Benjamin Banneker memorial stated,

The Washington Interdependence Council shall be solely responsible for the acceptance of contributions for, and payment of the expenses of, the establishment of the memorial. No federal funds may be used to pay any expense of the establishment of the memorial.

Deposit of Excess Funds

Legislation to authorize a commemorative work often provides for disposal of excess funds raised by the authorized group. Excess funds raised are often directed to be delivered to the Department of the Interior and the National Park Service for deposit with the National Park Foundation as provided for pursuant to 40 U.S.C. §8906 (b). For example, the excess funds language for the Brigadier General Francis Marion memorial stated,

If, upon payment of all expenses of the establishment of the commemorative work authorized by subsection (b) (including the maintenance and preservation amount provided for in section 8906(b) of title 40, United States Code), or upon expiration of the authority for the commemorative work under chapter 89 of title 40, United States Code, there remains a balance of funds received for the establishment of that commemorative work, the Marion Park Project, a committee of the Palmetto Conservation Foundation, shall transmit the amount of the balance to the Secretary of the Treasury for deposit in the account provided for in section 8906 (b)(1) of such title.

Extension of Statutory Authority

In some instances, Congress has chosen to extend the legislative authority for a commemorative work. All authorized commemorative works are provided a seven-year period to complete the work unless the group has a construction permit issued by the Secretary of the Interior (Secretary) or the Administrator of the General Services Administration (Administrator). In some circumstances, an administrative extension may be provided by the Secretary or Administrator if final design approvals have been received from the National Capital Planning Commission (NCPC) and the Commission of Fine Arts and 75% of the amount estimated to be required has been raised.

If an authorized commemorative works legislative authority expires, Congress may extend that authority by amending the initial authorizing statute. For example, the Adams Memorial Foundation was initially authorized to create a commemorative work to the Adams family in 2001. In 2009, Congress extended the authority until September 30, 2010, and in 2010, it was further extended until December 2, 2013. The amendment to the legislative authority stated,

Section 1(c) of P.L. 107-62 is amended by striking "accordance with" and all that follows through the period at the end and inserting the following: "according with chapter 89 of title 40, United States Code, except that any reference in section 8903(e) of that chapter to the expiration at the end of or extension beyond a seven-year period shall be considered to be a reference to an expiration on or extension beyond December 2, 2013."

Site Selection and Approval

Based on the criteria discussed below in " Designation of Areas of Washington, DC ," the Secretary or the Administrator may, after consultation with the National Capital Memorial Advisory Commission, recommend the location of a commemorative work in either Area I or Area II (depicted in Figure C-1 ). If the Secretary or Administrator agrees with the recommendation and finds that the subject of the commemorative work is of preeminent historical and lasting significance to the nation, he or she will recommend placement in Area I and notify Congress of his or her determination. The location of a commemorative work in Area I shall be deemed disapproved unless it has been approved by law within 150 calendar days. If the commemorative work is of lasting historical significance it may be located in Area II, and Congress does not require notification, nor is further legislation needed.

Designation of Areas of Washington, DC

The CWA divides the District of Columbia and its environs into three sections for the placement of memorials: the Reserve, Area I, and Area II. For each area the standards for memorial placement are specified in law and enforced through a requirement for congressional approval of monument location through the passage of a joint resolution. For a map of the District marked with these sections, see Appendix C .

The Reserve

The Reserve, created by P.L. 108-126 , is defined as "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" and "is a substantially completed work of civic art." Within this area, "to preserve the integrity of the Mall … the siting of new commemorative works is prohibited." Works authorized prior to the enactment of P.L. 108-126 in November 2003—the Dr. Martin Luther King Jr. Memorial is the only such work—continue to be eligible for placement within the Reserve, pursuant to the process established by the National Park Service and outlined below under " Establishing a Memorial in the Nation's Capital ."

Area I

Area I is reserved for commemorative works of "preeminent historical and lasting significance to the United States." Shown on Figure C-1 , Area I is roughly bounded by the West Front of the Capitol; Pennsylvania Avenue N.W. (between 1 st and 15 th Street, N.W.); Lafayette Square; 17 th Street, N.W. (between H Street and Constitution Avenue); Constitution Avenue, N.W. (between 17 th and 23 rd Streets); the John F. Kennedy Center for the Performing Arts waterfront area; Theodore Roosevelt Island; National Park Service land in Virginia surrounding the George Washington Memorial Parkway; the 14 th Street Bridge area; and Maryland Avenue, S.W., from Maine Avenue, S.W., to Independence Avenue S.W., at the U.S. Botanic Garden.

Pursuant to 40 U.S.C. §8908, the Secretary of the Interior or the Administrator of General Services, after seeking the advice of the National Capital Memorial Advisory Commission, can recommend that a memorial be placed in Area I. If either the Secretary or the Administrator recommends placement in Area I, he or she must notify the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources. If the recommendation is not enacted into law within 150 calendar days, the recommendation is not adopted and the memorial sponsor must consider sites in Area II.

Area II

Area II is reserved for "subjects of lasting historical significance to the American people." Shown on Figure C-1 , Area II encompasses all sections of the District of Columbia and its environs not part of the Reserve or Area I.

Congressional Approval of Memorial Site Location

In considering commemorative works legislation, both the House Committee on Resources and Senate Committee on Energy and Natural Resources solicit the views of the National Capital Memorial Advisory Commission. The Secretary or the Administrator likewise seeks the advice of the commission prior to recommending a location for a commemorative work.

For example, the joint resolution approving the location of the Vietnam Women's Memorial stated,

Whereas section 6(a) 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," approved November 14, 1986 (100 Stat. 3650, 3651), provides that the location of a commemorative work in the area described therein as area I shall be deemed disapproved unless, not later than one hundred and fifty days after the Secretary of the Interior or the Administrator of General Services notifies the Congress of his determination that the commemorative work should be located in area I, the location is approved by law;

Whereas the Act approved November 15, 1988 (102 Stat. 3922), authorizes the Vietnam Women's Memorial Project, Incorporated, to establish a memorial on Federal land in the District of Columbia or its environs to honor women who served in the Armed Forces of the United States in the Republic of Vietnam during the Vietnam era;

Whereas section 3 of the said Act of November 15, 1988, states the sense of the Congress that it would be most fitting and appropriate to place the memorial within the two and two-tenths acre site of the Vietnam Veterans Memorial in the District of Columbia which is within area I; and

Whereas the Secretary of the Interior has notified the Congress of his determination that the memorial authorized by the said Act of November 15, 1988, should be located in area I: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States Of America in Congress assembled, That the location of a commemorative work to honor women who served in the Armed Forces of the United States in the Republic of Vietnam during the Vietnam era, authorized by the Act approved November 15, 1988 (102 Stat. 3922), in the area described in the Act approved November 14, 1986 (100 Stat. 3650), as area I, is hereby approved.

Design Approval

Following site selection, the memorial planners begin the process of hiring a designer and work with National Park Service (NPS) to get plans approved by the NCPC and the Commission of Fine Arts. Memorial sponsors, in the development of a concept(s), are to consult with the National Capital Memorial Advisory Commission, which in turn provides advice to the Secretary or to Members of Congress.

Once the memorial sponsor has chosen a designer and selected a concept design plan, those plans are presented to the NPS or General Services Administration, the Commission of Fine Arts, and the NCPC. In considering the plans, these entities are guided by several criteria established by the CWA. The design reviews include, but are not limited to, the memorial's surroundings, location, materials, landscape features, site specific guidelines, and the prohibition of donor contributions. Final designs and specifications are completed in coordination with NPS or GSA (as appropriate).

Fundraising

As discussed above in " Payment of Expenses ," authorizing legislation often contains a statement that the commemorative work is to be created pursuant to the CWA and that the use of federal funds is not generally authorized or appropriated for the creation of commemorative works. Subsequently, sponsor groups are statutorily authorized to raise funds for the completion of the commemorative work.

Fundraising for the creation of commemorative works can sometimes be difficult. In some instances, Congress has appropriated federal funds to assist with the creation of the commemorative work. For example, in 2005, Congress appropriated $10 million to the Secretary of the Interior "for necessary expenses for the Memorial to Martin Luther King, Jr." The appropriation was designated as matching funds and available only after being matched by non-federal contributions.

Construction

The Commemorative Works Act specifies four criteria that the Secretary or the Administrator must determine prior to issuing a construction permit:

1. Approval of site and design by the Secretary or Administrator, the National Capital Planning Commission, and the Commission of Fine Arts 2. Consultation of "knowledgeable individuals qualified in the field of preservation and maintenance … to determine structural soundness and durability of the commemorative work and to ensure that the commemorative work meets high professional standards" 3. Submission of construction documents by authorized memorial sponsor to the Secretary or Administrator 4. Proof that sufficient funds exist to complete project construction 5. In advance of receiving a permit, the sponsor must donate an amount equal to 10% of the estimated cost of construction to offset the costs of perpetual maintenance and preservation

Once a permit is issued, memorial construction may commence.

Dedication

Following the memorial's completion, the sponsor schedules a dedication and transfer ceremony to NPS or GSA. Past dedications have sometimes been attended by the President, but no specific ceremony requirements exist. For example, President George W. Bush dedicated the World War II Memorial in 2004. In his remarks, President Bush briefly commented on the memorial creation process and on the importance of honoring World War II veterans.

Raising up this Memorial took skill and vision and patience. Now the work is done, and it is a fitting tribute, open and expansive like America, grand and enduring like the achievements we honor. The years of World War II were a hard, heroic, and gallant time in the life of our country. When it mattered most, an entire generation of Americans showed the finest qualities of our Nation and of humanity. On this day, in their honor, we will raise the American flag over a monument that will stand as long as America itself.

In November 2000, Attorney General Janet Reno and Secretary of Commerce Norman Mineta represented President Bill Clinton at the dedication ceremony for the National Japanese-American Memorial to Patriotism during World War II. In a statement following the dedication, President Clinton recognized the importance of the memorial and the presence of his Cabinet secretaries.

Earlier today America honored the patriotism of Japanese-Americans during World War II with the dedication of the National Japanese-American Memorial in the Nation's Capital. Attorney General Janet Reno and Commerce Secretary Norman Mineta joined distinguished members of the Japanese-American community and Americans of all ancestries in reminding us of a time when this county lost sight of the very foundations of democracy it was defending abroad. This Nation must never forget the difficult lessons of the Japanese-American internment camps during World War II and the inspirational lessons of patriotism in the face of that injustice.

Authorized Memorials

Since the passage of the CWA in 1986, Congress has authorized 33 memorials to be constructed on federal lands in the District of Columbia or its environs. Of these works, 18 have been dedicated and completed—15 under the auspices of the CWA and 3 outside the CWA process —11 are in-progress, and 4 have lapsed authorizations.

Table 1 provides the number of memorials authorized per Congress, pursuant to the CWA, since the 99 th Congress (1985-1987).

Memorials authorized by Congress since the passage of CWA have focused on a variety of individuals, groups, and events. Among the individuals recognized have been Francis Scott Key, George Mason, and Dr. Martin Luther King Jr. Groups commemorated have included Black Revolutionary War Patriots, Victims of Communism, and Ukrainian Famine-Genocide Victims. Still others have sought to memorialize events including the Korean War, World War II, and Dr. Martin Luther King Jr.'s "I Have a Dream Speech." Table 2 lists memorials authorized by Congress since 1986.

Appendix A. Summary of Original Commemorative Works Act Provisions

The Commemorative Works Act (CWA), as enacted, contained 10 sections covering the purposes of the bill, definitions, congressional authorization for memorials, creation of the National Capital Memorial Commission, conditions for memorial placement in different parts of the District of Columbia, site design and approval, issuance of construction permits, creation of a temporary memorial site, and other administrative provisions. Table A-1 provides a summary of the original provisions contained in the CWA for each section of the bill.

Appendix B. Steps for Establishing a Memorial in the Nation's Capital

In 1987, the National Park Service created a 24-step outline of the commemorative works process. In 2001, the National Capital Planning Commission published the outline for establishing a monument or memorial in the District of Columbia as part of the Museums and Memorials Master Plan. The 24-steps, reprinted verbatim below, are designed to guide interested groups and help ensure appropriate legislation, site selection, design approval, fundraising, and construction.

1. Memorial sponsor seeks National Capital Memorial Advisory Commission (NCMAC) assistance to review the requirements and process established by the Commemorative Works Act (CWA) and its applicability to the proposed memorial. 2. Memorial sponsor seeks a Senator or Representative who is willing to draft and introduce a bill to authorize establishment of the memorial. 3. Staffs of NCMAC, Member of Congress who will introduce the bill, and authorizing committees draft a bill that conforms to the provisions of the CWA. 4. Congressman and/or Senator introduce bill authorizing the memorial and designating the sponsor as the entity responsible for its erection at no cost to the federal government. 5. NCMAC considers proposed authorizing legislation to establish its view pursuant to CWA. 6. Chairmen of House and Senate authorizing Subcommittees on National Parks solicit views of NCMAC, may hold hearings on proposed authorizing legislation, and take action on a bill before sending it to the full House and Senate for a vote on the bill. 7. Congress passes bill, President signs bill into law, providing memorial sponsor 7 years in which to begin construction of memorial in Area II. 8. Memorial sponsor organizes the structure of the entity that will establish the memorial and beings planning. 9. The memorial sponsor may submit to the Secretary a request to be authorized to consider sites in Area I. The Secretary seeks the advice of NCMAC to determine whether the memorial warrants placement in Area I. Based on the advice of NCMAC, the secretary notifies Congress of a determination that the subject is of preeminent and lasting historical significance so that Congress can consider passage of legislation authorizing an Area I location for enactment by the President. 10. Memorial sponsor works with NPS staff to identify potential Area II sites (may include Area I if authorized) and prepare alternative site study and accompany preliminary environmental analysis. 11. Memorial sponsor, for sites within Area II, or Area I if authorized, submits alternative site study and accompanying preliminary environmental analysis to NPS for approval of preferred site and consultation with NCMAC. 12. NPS submits recommended site and environmental document to the National Capital Planning Commission (NCPC) and the Commission of Fine Arts (CFA) for approval. NPS initiates Section 106 consultation on its recommendation of site with the State Historic Preservation Officer (SHPO). 13. After site approval by NCPC and CFA and in consultation with the SHPO, the design process begins in accordance with any approved design guidelines. 14. Memorial sponsors select a designer or initiate a design competition. 15. Memorial sponsor selects preferred design concept and meets with NPS to discuss issues that design may present. After possible refinements, sponsor submits the design concept and draft environmental assessment to the NPS. 16. NPS reviews design concept and, upon concurrence, submits to NCPC and CFA with appropriate environmental document for approval. 17. Memorial sponsor, in close coordination with NPS, refines preliminary design concept on the basis of NCPC, CFA, and SHPO comments and submits preliminary design to NPS who, upon approval, submits it to NCPC and CFA for approval. 18. Memorial sponsor, in close coordination with NPS, refines preliminary design on the basis of comments and submits final design to NPS, who upon approval, submits it to NCPC and CFA for approval. 19. Memorial design team completes final drawings and specifications in close coordination with NPS. 20. Memorial sponsor completes fund-raising. 21. Memorial sponsor submits final drawing and specifications, cost estimate and evidence of funds on hand plus 10 percent cash payment of design and construction costs for maintenance to NPS. 22. NPS issues a construction permit on behalf of the Secretary of the Interior which constitutes final approval by the Secretary and the start of construction. 23. Memorial Sponsor begins construction and preparation of operation, maintenance, and preservation plans for the memorial. 24. Memorial is dedicated and transferred to NPS for management with accompanying as-built operation, maintenance, and preservation plans.

Appendix C. District of Columbia Map with Area Designations

Appendix D. Entities Responsible for Memorials in the District of Columbia

The process established by the Commemorative Works Act (CWA) to create a commemorative work in the District of Columbia involves the National Capital Memorial Advisory Commission, the U.S. Commission of Fine Arts, the National Capital Planning Commission, the District of Columbia Historic Preservation Office, and sometimes the American Battle Monuments Commission. Each entity is highlighted below.

National Capital Memorial Advisory Commission

The National Capital Memorial Advisory Commission was created in 2001 to "advise the Secretary of the Interior and the Administrator of General 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." The commission is comprised of eight members and meets at least two times a year to "examine … each memorial proposal for conformance to the Commemorative Works Act, and make … recommendations to the Secretary and the Administrator and to Members and Committees of Congress. The Commission also serves as a source of information for persons seeking to establish memorials in Washington, DC and its environs."

U.S. Commission of Fine Arts

In 1910, Representative Samuel McCall introduced a bill, H.R. 19962, to create a commission on fine arts. Reported by the Committee on the Library, the House debated the bill on February 9. During the debate, Representative McCall explained why a permanent entity was needed to govern art within the District of Columbia.

We have had a very haphazard development of art in the city of Washington. We have had our streets and our squares filled up by art objects that are not always art. We have had commissions appointed—temporary, sporadic commissions—one commission to operate upon one statue and another commission to operate upon another, and the result is that we have had no uniform or well thought out development.

Speaking against the creation of the commission, Representative James Tawney argued that creation of a Commission of Fine Arts amounted to an abdication of power over matters in the District of Columbia.

I believe that the Congress of the United States should reserve some of its legislative functions, some of its legislative power, and not delegate it to commissions or to any other body. We are responsible to the people for legislation, and can not escape that responsibility by the appointment of commissions. …We have control by virtue of the law over the District of Columbia. When Congress authorizes the construction of a public building and fixes the location of that building and requires its erections within the authority and the appropriation made therefore, or the limit of cost, I do not believe that there is any body of men, or any man, or any executive officer, I care not how high in authority he maybe, who should have the power, or unlawfully exercise executive power, to defeat the will of Congress as express in the law it enacts.

Following debate, H.R. 19962 passed the House and was referred to the Senate. The Senate debated the bill on May 2 and 3, 1910. During debate, the Senate amended the bill to give the commission the authority to "advise generally upon questions of art when required to do so by the President, or by any committee of either House of Congress" and specified commission staffing. The Senate passed the bill, as amended on May 3, and the House disagreed with the Senate amendments and requested a conference.

The conference committee issued its report on May 9, Congress approved the bill, and President William Howard Taft signed the bill on May 17, 1910. Pursuant to the act, the Commission of Fine Arts was initially charged with providing "advise upon the location of statues, fountains, and monuments in the public squares, streets, and parks in the District of Columbia, and upon the selection of models for statues, fountains, and monuments erected under the authority of the United States and upon the selection of artists for the execution of the same." Comprised of seven "well-qualified judges of the fine arts, appointed by the President," the commission's duties have subsequently been expanded to include "the selection of models for statues, fountains, and monuments erected under the authority of the Federal Government; the selection of artists to carry out [the creation of statues, fountains, and monuments]; and questions of art generally when required to do so by the President or a committee of Congress." The commission does not have authority over Capitol or Library of Congress buildings.

National Capital Planning Commission

In 1924, Congress established the National Capital Park and Planning Commission to implement the McMillan Plan for the District of Columbia (see Figure 2 ). Pursuant to the act of June 6, 1924, the commission was to "preserve the flow of water in Rock Creek, to prevent pollution of Rock Creek and the Potomac and Anacostia Rivers, to preserve forests and natural scenery in and about Washington, and to provide for the comprehensive systematic, and continuous development of the park, parkway, and playground system of the National Capital."

In 1952, Congress, in the National Capital Planning Act, changed the commission's name to the National Capital Planning Commission. The act also expanded the commission's geographic boundaries and recognized the creation of the national capital region in Maryland and Virginia. In the House report accompanying the bill, the Committee on the District of Columbia emphasized the new regional mission of the commission.

The bill denominates and authorizes the Commission to be the central planning agency for the Federal and District Governments within the National Capital region (the District and its environs) and to be the official representative of the aforesaid governments for collaboration with the Regional Planning Council.… The bill includes additional subjects, such as viaducts, subways, major thoroughfares, monuments and memorials , public reservations, or property such as airports, parking areas, institutions, open spaces, public utilities and surveys for transportation, redevelopment of obsolescent, blighted or slum areas, and specifically adds the all-important subject of density or distribution of population [emphasis added].

Currently, the commission consists of 12 members. Three members are appointed by the President, including the chair. Two of the three members appointed by the President must reside in Virginia and Maryland, respectively. The Mayor of the District of Columbia appoints two members who must be residents of the District. In addition, a number of regional officials serve as ex-officio members. These include the Mayor of Washington, DC, the chair the Council of the District of Columbia; heads of executive branch agencies with significant land holdings in the District; and leaders of the U.S. House and Senate committees with District oversight responsibilities.

In addition to providing guidance and approval at multiple steps of the monument and memorial creation process in the District of Columbia, the NCPC also operates under the authority of other laws for planning within the National Capital Region. These include the National Capital Planning Act, Height of Buildings Act of 1910, District of Columbia Zoning Act, Foreign Missions Act, International Center Act, National Historic Preservation Act, National Environmental Policy Act, District of Columbia Home Rule Act, and the Capper-Crampton Act.

State Historic Preservation Office for the District of Columbia

Created pursuant to the National Historic Preservation Act of 1966, State Historic Preservation Officers "administer the national historic preservation program at the State level, review National Register of Historic Places nominations, maintain data on historic properties that have been identified but not yet nominated, and consult with Federal agencies." While not a statutory part of the memorial process, the National Capital Planning Commission recommends consultation with the State Historic Preservation Office for the District of Columbia as part of the design approval process.

American Battle Monuments Commission

The American Battle Monuments Commission was originally created in 1923 to "prepare plans and estimates for the erection of suitable memorials to mark and commemorate the services of the American forces in Europe and erect memorials therein at such places as the commission shall determine, including works of architecture and art in the American cemeteries in Europe." Generally, the commission has statutory authority to design, construct, operate and maintain permanent American cemeteries in foreign countries; establish and maintain U.S. military memorials, monuments and markers where American armed forces have served overseas since April 6, 1917; and control "the design and construction of permanent U.S. military monuments and markers by other U.S. citizens and organizations, both public and private, and encouraging their maintenance." In limited circumstances, the commission has also been tasked with creating memorials within the United States. For example, the commission was statutorily authorized to create the World War II Memorial in the District of Columbia.