2012 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle II - PUBLIC BUILDINGS AND WORKS (§§ 3101 - 9507)
Part D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA (§§ 8101 - 9507)
Chapter 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS (§§ 8901 - 8909)
Section 8908 - Areas I and II

(a) Availability of Map.—The Secretary of the Interior or the 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 entitled “Commemorative Areas Washington, DC and Environs”, numbered 869/86501 B, and dated June 24, 2003.

(b) Specific Conditions Applicable to Area I and Area II.—

(1) Area i.—After seeking the advice of the National Capital Memorial Advisory Commission, the Secretary or Administrator, as appropriate, may recommend the location of a commemorative work in Area I only if the Secretary or Administrator decides that the subject of the commemorative work is of preeminent historical and lasting significance to the United States. The Secretary or Administrator shall notify the Commission, the Committee on Natural Resources of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate of the recommendation that a commemorative work should be located in Area I. The location of a commemorative work in Area I is deemed to be authorized only if the recommendation is approved by law not later than 150 calendar days after the notification.

(2) Area ii.—Commemorative works of subjects of lasting historical significance to the American people may be located in Area II.

(c) Reserve.—After the date of enactment of the Commemorative Works Clarification and Revision Act of 2003, no commemorative work or visitor center shall be located within the Reserve.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231; Pub. L. 108–126, title II, §§202(b), 203(g), Nov. 17, 2003, 117 Stat. 1349, 1352; Pub. L. 111–11, title VII, §7116(e)(3), Mar. 30, 2009, 123 Stat. 1203.)

In subsection (b)(1), the words “the Committee on House Administration of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate” are substituted for “the committees of Congress specified in section 1003(b) [sic] of this title” for clarity. The reference to section 1003(b) should be to section 1003(d).

The date of enactment of the Commemorative Works Clarification and Revision Act of 2003, referred to in subsec. (c), is the date of enactment of Pub. L. 108–126, which was approved Nov. 17, 2003.

2009—Subsec. (b)(1). Pub. L. 111–11 inserted “Advisory” before “Commission” in first sentence and substituted “Natural Resources of the House” for “House Administration of the House” in second sentence.

2003—Subsec. (a). Pub. L. 108–126, §203(g)(2), which directed substitution of “entitled ‘Commemorative Areas Washington, DC and Environs’, numbered 869/86501 B, and dated June 24, 2003” for “numbered 869/86581, and dated May 1, 1986”, was executed by making the substitution for “numbered 869/86501, and dated May 1, 1986” to reflect the probable intent of Congress.

Pub. L. 108–126, §203(g)(1), substituted “Secretary of the Interior or the Administrator of General Services (as appropriate)” for “Secretary of the Interior and Administrator of General Services”.

Subsec. (c). Pub. L. 108–126, §202(b), added subsec. (c).

Amendments by Pub. L. 108–126, 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 this title), are not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.