§ 8905. Site and design approval

Footnotes

1. 1 So in original. Probably should be section “8902(a)(2).”

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Pub. L. 107–217 · 116 Stat. 1062

   Enacted · 40 U.S.C. § 8905

   Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1229

   Source evidence

   Code source credit
   Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1229

2. 2003

   Commemorative Works Clarification and Revision Act of 2003

   Pub. L. 108–126 § 203(e)(1)(A) · 117 Stat. 1348

   Substituted · 40 U.S.C. § 8905(a)

   Pub. L. 108–126, § 203(e)(1)(A), substituted “sponsor” for “person” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–126, § 203(e)(1)(A), substituted “sponsor” for “person” wherever appearing.

   Enacted provision · exact public law section
   (A) by striking “person” each place it appears and inserting “sponsor”; and

   Effective date note
   Amendments by Pub. L. 108–126 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.

3. 2003

   Commemorative Works Clarification and Revision Act of 2003

   Pub. L. 108–126 § 203(e)(1)(B) · 117 Stat. 1348

   1. Inserted · 40 U.S.C. § 8905(a)(1)

      Pub. L. 108–126, § 203(e)(1)(B), inserted “Advisory” before “Commission”

   2. Substituted · 40 U.S.C. § 8905(a)(1)

      Pub. L. 108–126, § 203(e)(1)(B), substituted “design concepts” for “designs”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 108–126, § 203(e)(1)(B), inserted “Advisory” before “Commission” and substituted “design concepts” for “designs”.

   Enacted provision · exact public law section
   (B) in paragraph (1)— (i) by inserting “Advisory” before “Commission”; and (ii) by striking “designs” and inserting “design concepts”; and

   Effective date note
   Amendments by Pub. L. 108–126 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.

4. 2003

   Commemorative Works Clarification and Revision Act of 2003

   Pub. L. 108–126 § 203(e)(2)(A) · 117 Stat. 1348

   Substituted · 40 U.S.C. § 8905(b)

   Pub. L. 108–126, § 203(e)(2)(A), substituted “and the Secretary or Administrator (as appropriate)” for “Secretary, and Administrator” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–126, § 203(e)(2)(A), substituted “and the Secretary or Administrator (as appropriate)” for “Secretary, and Administrator” in introductory provisions.

   Enacted provision · exact public law section
   (A) by striking “Secretary, and Administrator” and inserting “and the Secretary or Administrator (as appropriate)”; and

   Effective date note
   Amendments by Pub. L. 108–126 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.

5. 2003

   Commemorative Works Clarification and Revision Act of 2003

   Pub. L. 108–126 § 203(e)(2)(B) · 117 Stat. 1348

   Substituted · 40 U.S.C. § 8905(b)(2)(B)

   Pub. L. 108–126, § 203(e)(2)(B), substituted “open space, existing public use, and cultural and natural resources.” for “open space and existing public use.”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B). Pub. L. 108–126, § 203(e)(2)(B), substituted “open space, existing public use, and cultural and natural resources.” for “open space and existing public use.”

   Enacted provision · exact public law section
   (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.”.

   Effective date note
   Amendments by Pub. L. 108–126 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.

6. 2003

   Commemorative Works Clarification and Revision Act of 2003

   Pub. L. 108–126 § 204 · 117 Stat. 1348

   Added · 40 U.S.C. § 8905(b)(5)(7)

   Pub. L. 108–126, § 204, added pars. (5) to (7)

   Source evidence

   Code amendment note
   Subsec. (b)(5) to (7). Pub. L. 108–126, § 204, added pars. (5) to (7).

   Enacted provision · exact public law section
   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 Planning 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. “(7) Donor contributions.— Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site.” .

   Effective date note
   Amendments by Pub. L. 108–126 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.

7. 2014

   Military Construction Authorization Act for Fiscal Year 2015

   Pub. L. 113–291 § 3054(c)(1) · 128 Stat. 3292

   Struck · 40 U.S.C. § 8905(b)(7)

   Pub. L. 113–291, § 3054(c)(1), struck out par. (7). Text read as follows: “Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site.”

   Source evidence

   Code amendment note
   Subsec. (b)(7). Pub. L. 113–291, § 3054(c)(1), struck out par. (7). Text read as follows: “Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site.”

   Enacted provision · exact public law section
   (1) in subsection (b), by striking paragraph (7); and

8. 2014

   Military Construction Authorization Act for Fiscal Year 2015

   Pub. L. 113–291 § 3054(c)(2) · 128 Stat. 3292

   Added · 40 U.S.C. § 8905(c)

   Pub. L. 113–291, § 3054(c)(2), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 113–291, § 3054(c)(2), added subsec. (c).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(c) Donor Contributions.— “(1) Acknowledgment of donor contribution.— Except as otherwise provided in this subsection, the Secretary of the Interior or Administrator of General Services, as applicable, may permit a sponsor to acknowledge donor contributions at the commemorative work. “(2) Requirements.— An acknowledgment under paragraph (1) shall— “(A) be displayed— “(i) inside an ancillary structure associated with the commemorative work; or “(ii) as part of a manmade landscape feature at the commemorative work; and “(B) conform to applicable National Park Service or General Services Administration guidelines for donor recognition, as applicable. “(3) Limitations.— An acknowledgment under paragraph (1) shall— “(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. “(4) Cost.— The sponsor shall bear all expenses related to the display of donor acknowledgments under paragraph (1). “(5) Applicability.— This subsection shall apply to any commemorative work dedicated after January 1, 2010.” .

8 of 9 references resolved to an enrolled provision · 1 partial