A bill to govern the establishment of commemorative works within the National Capital Region of the National Park System, and for other purposes.
PL 99-652 (H.R.4378), enacted 11/14/1986

100 STAT. 3650 
PUBLIC LAW 99-652—NOV. 14, 1986 
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Public Law 99-652 
99th Congress 
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An Act 
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Nov. 14, 1986 
To provide standards for placement of commemorative works on certain Federal 
[H.R. 4378] 
lands in the District of Columbia and its environs, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
PURPOSES 
Public buildings 
SECTION 1. The purposes of this Act are as follows: 
^l^d grounds. 
(a) to preserve the integrity of the comprehensive design of 
40UbCiooi. 
^j^g L'Enfant and McMillan plans for the Nation's Capital; 
(b) to ensure the continued public use and enjoyment of open 
space in the District of Columbia; 
(c) to preserve, protect and maintain the limited amount of 
open space available to residents of, and visitors to, the Nation's 
Capital; and 
(d) to ensure that future commemorative works in areas 
administered by the National Park Service and the General 
Services Administration in the District of Columbia and its 
environs (1) are appropriately designed, constructed, and lo-
cated and (2) reflect a consensus of the lasting national signifi-
cance of the subjects involved. 
DEFINITIONS 
40 use 1002. 
SEC. 2. As used in this Act— 
(a) the term "Secretary" means the Secretary of the Interior; 
(b) the term "Administrator" means the Administrator of the 
General Services Administration; 
(c) the term "commemorative work" means any statue, monu-
ment, sculpture, memorial, or other structure or landscape 
feature, including a garden or memorial grove, designed to 
perpetuate in a permanent manner the memory of a person, 
group, event or other significant element of history. 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; 
(d) the term "person" means an individual, group or organiza-
tion authorized by Congress to establish a commemorative work 
in the District of Columbia and its environs; 
(e) notwithstanding any other provision of law, 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 Areas I and II as 
depicted on the map numbered 869/86501, and dated May 1, 
1986. 
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PUBLIC LAW 99-652—NOV. 14, 1986 
100 STAT. 3651 
CONGRESSIONAL AUTHORIZATION OF COMMEMORATIVE WORKS IN THE 
DISTRICT OF COLUMBIA AND ITS ENVIRONS 
SEC. 3. (a) No commemorative work may be established in the 
40 USC 1003. 
District of Columbia and its environs unless specifically authorized 
by Act of Congress. All such authorized commemorative works shall 
be subject to applicable provisions of this Act. 
(b) In considering legislation authorizing commemorative works 
within the District of Columbia and its environs, the Committee on 
House Administration of the House of Representatives and the 
Energy and Natural Resources Committee of the Senate shall solicit 
the views of the National Capital Memorial Commission. 
NATIONAL CAPITAL MEMORIAL COMMISSION 
SEC. 4. (a) The National Capital Memorial Advisory Committee as 
40 use 1004. 
established by the Secretary is redesignated as the National Capital 
Memorial Commission. The membership of the Commission shall be 
expanded to include: 
Director, National Park Service (Chairman) 
Architect of the Capitol 
Chairman, American Battle Monuments Commission 
Viti •«? 
Chairman, Commission of Fine Arts 
Chairman, National Capital Planning Commission 
Mayor, District of Columbia 
Commissioner, Public Building Service, General Services 
Administration 
Secretary, Department of Defense 
(b) The National Capital Memorial Commission shall advise the 
Secretary and the Administrator on policy and procedures for 
establishment of (and proposals to establish) commemorative works 
in the District of Columbia and its environs, as well as such other 
matters concerning commemorative works in the Nation's Capital 
as it may deem appropriate. The Commission shall meet at least 
twice annually. 
AVAILABILITY OF MAP DEPICTING AREA I AND AREA II 
SEC. 5. The Secretary and the Administrator shall make available. Public 
for public inspection at appropriate offices of the National Park i^^ryS^*,"^^; 
Service and the General Services Administration, the map num- ^" ^°^ ^""°" 
bered 869/86501, and dated May 1,1986. 
SPECIFIC CONDITIONS APPUCABLE TO AREA I AND AREA II 
SEC. 6. (a) AREA I.—The conditions set forth in subsection (b) shall 40 use 1006. 
apply to the location of a commemorative work in Area I or in Area 
II. In addition, the Secretary or Administrator (as appropriate) may 
approve the location of a commemorative work in Area I only if he 
finds that the subject of the commemorative work is of preeminent 
historical and lasting significance to the Nation. The Secretary or 
Administrator (as appropriate) shall notify, after consultation with 
the National Capital Memorial Commission, the Congress of his 
determination that a commemorative work should be located in 
Area I. The location of a commemorative work in Area I shall be 
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deemed disapproved, unless, not later than 150 days after such 
notification, the location is approved by law. 
100 STAT. 3652 
PUBLIC LAW 99-652—NOV. 14, 1986 
(b) AREA II.—Commemorative works of subjects of lasting histori-
cal significance may be located in Area II, subject to the following 
conditions: 
Armed Forces. 
(1) A military commemorative work may be established in 
Area II only to commemorate a war or similar major 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 permitted in Area II. 
(2) A commemorative work commemorating an individual or 
group of individuals, other than a military commemorative 
work as described in subsection (JoXD of this section, shall not be 
permitted in Area II until at least twenty-five years after the 
death of the individual or the last surviving member of the 
group. 
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(3) A commemorative work other than a work referred to in 
paragraph (1) or (2) may be constructed in Area II only to 
commemorate a subject of lasting historical significance. 
SITE AND DESIGN APPROVAL 
40 use 1007. 
SEC. 7. (a) Any person authorized by law to establish a commemo-
rative work in the District of Columbia and its environs shall 
comply with each of the following requirements before commencing 
construction of the commemorative work: 
(1) Such person shall consult with the National Capital 
Memorial Commission regarding the commemorative work. 
Such consultation shall include consideration of potential sites 
in the District of Columbia and its environs. 
(2) Following consultation in accordance with paragraph (1), 
the Secretary or Administrator (as appropriate) shall submit, on 
behalf of such person, site and design proposals to the Commis-
sion of Fine Arts and the National Capital Planning Commis-
sion and the Secretary or Administrator (as appropriate) for 
their approval. 
(b) In considering site and design proposals, the Commission of 
Fine Arts, the National Capital Planning Commission and the 
Secretary and Administrator shall be guided by the following 
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criteria: 
(1) to the maximum extent possible, a commemorative work 
shall be located in surroundings that are relevant to the subject 
of the commemorative work; 
(2) a commemorative work shall be so located as to prevent 
interference 
with, or encroachment 
upon, any 
existing 
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commemorative work and to protect, to the maximum extent 
practicable, open space and existing public use; and 
(3) a commemorative work shall be constructed of durable 
material suitable to the outdoor environment. Landscape fea-
tures of commemorative works shall be compatible with the 
climate. 
CRITERIA FOR ISSUANCE OF CONSTRUCTION PERMIT 
40 use 1008. 
SEC. 8. (a) Prior to issuing a permit for the construction of a 
commemorative work in the District of Columbia and its environs, 
the Secretary or Administrator (as appropriate) shall determine 
that: 
PUBLIC LAW 99-652—NOV. 14, 1986 
100 STAT. 3653 
(1) the site and design have been approved by the Secretary or 
Administrator (as appropriate), the National Capital Planning 
Commission and the Commission of Fine Arts; 
(2) knowledgeable persons qualified in the field of preserva-
tion and maintenance have been consulted to determine struc- 
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tural soundness and durability of the commemorative work, and 
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to assure that the commemorative work meets high professional 
standards; 
(3) the person authorized to construct the commemorative 
Contracts. 
work has submitted contracts for construction and drawings of 
the commemorative work to the Secretary or Administrator (as 
appropriate); and 
(4) the person authorized to construct the commemorative 
work h£is available sufficient funds to complete construction of 
the project. 
(b) In addition to the foregoing criteria, no construction permit 
shall be issued unless the person authorized to construct the 
commemorative work has donated an amount equal to 10 per 
centum of the total estimated cost of construction to offset the costs 
of perpetual maintenance and preservation of the commemorative 
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work: Provided, That 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 
per centum of the funding for such work is provided by private 
sources. 
(1) Notwithstanding any other provision of law, all moneys 
provided by persons for maintenance pursuant to this subsec-
tion shall be credited to a separate account in the Treasury. 
(2) Congress authorizes and directs that the Secretary of the 
Treasury shall make all or a portion of such moneys available to 
the Secretary or the Administrator at his request for mainte-
nance of commemorative works. Under no circumstances may 
the Secretary or Administrator request funds from the separate 
account exceeding the total moneys deposited by persons 
establishing commemorative works in areas he administers. The 
Secretary and the Administrator shall maintain an inventory of 
funds available for such purposes: Provided, That such moneys 
shall not be subject to annual appropriations. 
TEMPORARY SITE DESIGNATION 
SEC. 9. (a) If the Secretary, in consultation with the National 
40 use 1009. 
Capital Memorial Commission, determines that a site where 
commemorative works may be displayed on a temporary basis is 
necessary in order to aid in the preservation of the limited amount 
of open space available to residents of, and visitors to, the Nation's 
Capital, he may designate such a site on lands administered by him 
in the District of Columbia. A designation may not be made under 
the preceding sentence unless, at least one hundred and twenty days 
before the designation, the Secretary, in consultation with the Na-
tional Capital Memorial Commission, prepares and submits to the 
Congress a plan for the site. The plan shall include specifications for 
the location, construction, and administration of the site, and cri-
teria for displaying commemorative works at the site. 
(b) Any commemorative work displayed at the site shall be in-
stalled, maintained, and removed at the sole expense and risk of the 
person authorized to display the commemorative works. Such 
100 STAT. 3654 
PUBLIC LAW 99-652—NOV. 14, 1986 
40 u s e 1010. 
Regulations. 
Federal 
Register, 
publication. 
person shall agree to indemnify the United States for any liability 
arising from the display of the commemorative work under this 
section. 
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MISCELLANEOUS PROVISIONS 
SEC. 10. (a) Complete documentation of design and construction of 
each commemorative work located in the District of Columbia and 
its environs shall be provided to the Secretary or the Administrator 
(as appropriate) and shall be permanently maintained in the 
manner provided by law. 
(b) Any legislative authority for a commemorative work shall 
expire at the end of the five-year period beginning on the date of the 
enactment of such authority, unless the Secretary or Administrator 
(as appropriate) has issued a construction permit for the commemo-
rative work during that period. 
(c) Upon completion of any commemorative work within the 
District of Columbia and its environs, the Secretary or Adminis-
trator (as appropriate) shall assume responsibility for the mainte-
nance of such work. 
(d) The Secretary and the Administrator shall promulgate 
appropriate regulations to carry out this Act. The regulations shall 
be published in the Federal Register within one hundred and twenty 
days after the enactment of this Act. 
(e) This Act shall not apply to commemorative works authorized 
by a law enacted before the commencement of the Ninety-ninth 
Congress. 
Approved November 14, 1986. 
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LEGISLATIVE HISTORY—H.R. 4378: 
HOUSE REPORTS: No. 99-574 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 99-421 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
May 5, considered and passed House. 
Sept. 10, considered and passed Senate, amended. 
Sept. 29, House concurred in Senate amendments with amendments. 
Oct. 16, Senate concurred in House amendments. 
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