Commemorative Works Act
PL 103-321 (H.R.2947), enacted 08/26/1994

PUBLIC LAW 103-321—AUG. 26, 1994 
108 STAT. 1793 
Public Law 103-321 
103d Congress 
An Act 
To amend the Commemorative Works Act, and for other purposes. 
—^———'-
[H.R. 2947] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. EXTENSION OF LEGISLATIVE AUTHORITY FOR MEMORIAL 
40 USC 1003 
ESTABLISHMENT. 
note. 
(a) IN GENERAL.—^The legislative authority for each of the fol-
lowing groups to establish a commemorative work (as defined by 
Public Law 99-652, as amended) shall expire at the end of the 
10-year period beginning on the date of enactment of such authority 
for the respective commemorative work, notwithstanding the time 
period limitation specified in section 10(b) of that Public Law: 
(1) The Black Revolutionary War Patriots Foundation. 
(2) The Women in Military Service for America Memorial 
Foundation. 
(3) The National Peace Garden. 
(b) NAME CHANGE.—(1) The Congress finds that the Peace 
Garden Project, Incorporated, has changed its name to the National 
Peace Garden. 
(2) Any reference in a law, map, regulation, document, paper, 
or other record of the United States to the entity referred to in 
paragraph (1) shall be deemed to be a reference to the National 
Peace Garden. 
SEC. 2. COMMEMORATIVE WORKS ACT AMENDMENTS. 
(a) DEFINITIONS.—(1) Section 2(c) 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" (40 U.S.C. 1002(c)) is amended— 
(A) by inserting "plaque, inscription," after "memorial,"; 
(B) by striking out "a person" and inserting in lieu thereof 
"an individual"; and 
(C) by inserting "American" before "history". 
(2) Section 2(d) of such Act (40 U.S.C. 1002(d)) is amended 
by striking "an individual, group or organization" and inserting 
"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". 
(b) AUTHORIZATION.—Section 3 of such Act (40 U.S.C. 1003) 
is amended as follows: 
(1) In subsection (a), by inserting "on Federal lands referred 
to in section 1(d)" sifter "established". 
108 STAT. 1794 
PUBLIC LAW 103-321—AUG. 26, 1994 
(2) By redesignating subsection (b) as subsection (d) and 
inserting after subsection (a) the following new subsections: 
"(b) A militEiry commemorative work may be authorized only 
to commemorate a war or similar mggor military conflict or to 
commemorate any branch of the Armed Forces. No commemorative 
work commemorating a lesser conflict or a unit of an Armed Force 
shall be authorized. Commemorative works to a war or similar 
major military conflict shall not be authorized until at least 10 
years after the officially designated end of the event. 
"(c) A commemorative work commemorating an event, individ-
ual, or group of individuals, other than a military commemorative 
work as described in subsection (b) of this section, shall not be 
authorized until after the 25th anniversary of the event, death 
of the individual, or death of the last surviving member of the 
group.". 
(c) SPECIFIC CONDITIONS APPLICABLE TO AREAS I AND I L — 
Section 6 of such Act (40 U.S.C. 1006) is amended to read as 
follows: 
"SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II 
"SEC. 6. (a) AREA L—^The Secretary or Administrator (as appro-
priate) may, after seeking the advice of the National Capital Memo-
rial Commission, recommend the location of a commemorative work 
in Area I only if the Secretary or Administrator (as appropriate) 
determines that the subject of the commemorative work is of pre-
eminent historical and lasting significance to the Nation. The Sec-
retary or Administrator (as appropriate) shall notify the National 
Capital Memorial Commission and the committees of Congress 
specified in section 3(b) of the recommendation by the Secretary 
or Administrator (as appropriate) that a commemorative work 
should be located in Area L The location of a commemorative 
work in Area I shall be deemed not authorized, unless, not later 
than 150 calendar days after such notification, the recommendation 
is approved by law. 
"(b) AREA IL—Commemorative works of subjects of lasting 
historical significance to the American people may be located in 
Area IL". 
(d) SITE AND DESIGN AppROVAL.^Section 7 of such Act (40 
U.S.C. 1007) is amended— 
(1) in the matter preceding paragraph (1) of subsection 
(a), by striking out "commencing construction of the commemo-
rative work" and inserting in lieu thereof "requesting the permit 
for the construction of the commemorative work"; 
(2) in paragraph (1) of subsection (a)— 
(A) by inserting "the selection of alternative sites and 
designs for" after "regarding"; and 
(B) by striking out the second sentence; 
/ 
(3) in paragraph (2) of subsection (a), by striking out "and 
the Secretary or Administrator (as appropriate)"; and 
(4) in the matter preceding paragraph (1) of subsection 
(b), by inserting "(but not limited by)" after "guided b)r". 
(e) CRITERIA FOR ISSUANCE OF CONSTRUCTION PERMIT.—(1) Sec-
tion 8(a)(3) of such Act (40 U.S.C. 1008(a)(3)) is amended by striking 
out "contracts for construction and drawings" and inserting in lieu 
thereof "contract documents for construction". 
(2) Section 8 of such Act (40 U.S.C. 1008) is amended by 
adding at the end the following: 
PUBLIC LAW 103-321—AUG. 26, 1994 
108 STAT. 1795 
ReiK)rts. 
"(c)(1) The Secretary or the Administrator (as appropriate) may 
suspend any activity under the authority of this Act with respect 
to the establishment of a commemorative work if the Secretary 
or Administrator determines the fundraising efforts with respect 
to the commemorative work have misrepresented an affiliation with 
the commemorative work or the United States. 
"(2) The person shall be required to submit to the Secretary 
or Administrator an annual report of operations, including financial 
statements audited by an independent certified public accountant, 
paid for by the person authorized to construct the commemorative 
work.". 
(f) TEMPORARY SITE DESIGNATION.—Section 9(a) of such Act 
(40 U.S.C. 1009(a)) is amended by striking out "he may designate 
such a site on lands administered by him" and inserting in lieu 
thereof "a site may be designated on lands administered by the 
Secretary. 
(g) MISCELLANEOUS PROVISIONS.—Section 10(d) of such Act (40 
U.S.C. 1010(d)) is amended to read as follows: 
"(d) The Secretary and the Administrator shall develop appro- Regfulations. 
priate regulations or standards to carry out this Act.". 
(h) SHORT TITLE.—Such Act is amended by adding at the end 
the following new section: 
40 u s e 1001 
note. 
"SHORT TITLE 
"SEC. 11. This Act may be cited as the 'Commemorative Works 
Act'.". 
Commemorative 
Works Act. 
Approved August 26, 1994. 
LEGISLATIVE HISTORY—H.R. 2947: 
HOUSE REPORTS: No. 103-400 (Coram, on Natural Resources). 
SENATE REPORTS: No. 103-247 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 139 (1993): Nov. 22, considered and passed House. 
Vol. 140 (1994): Apr. 12, considered and passed Senate, amended. 
Aug. 16, House concurred in Senate amendments.