§ 8908. Areas I and II

Statutory text

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.

Specific Conditions Applicable to Area I and Area II.—

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.

Area ii.—

Commemorative works of subjects of lasting historical significance to the American people may be located in Area II.

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.

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.

2002
Pub. L. 107–217 · 116 Stat. 1062
Enacted · 40 U.S.C. § 8908
Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231
Source evidence
Code source credit
Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231
2003
Commemorative Works Clarification and Revision Act of 2003
Pub. L. 108–126 § 203(g)(2) · 117 Stat. 1348
Substituted · 40 U.S.C. § 8908(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(2) by striking “numbered 869/86581, and dated May 1, 1986” and inserting “entitled ‘Commemorative Areas Washington, DC and Environs’, numbered 869/86501 B, and dated June 24, 2003”.
Effective date note
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.
2003
Commemorative Works Clarification and Revision Act of 2003
Pub. L. 108–126 § 203(g)(1) · 117 Stat. 1348
Substituted · 40 U.S.C. § 8908(a)
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”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(1) by striking “Secretary of the Interior and Administrator of General Services” and inserting “Secretary of the Interior or the Administrator of General Services (as appropriate)”; and
Effective date note
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.
2003
Commemorative Works Clarification and Revision Act of 2003
Pub. L. 108–126 § 202(b) · 117 Stat. 1348
Added · 40 U.S.C. § 8908(c)
Pub. L. 108–126, § 202(b), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 108–126, § 202(b), added subsec. (c).
Enacted provision · exact public law section
(b) Reserve.— Section 8908 of title 40, United States Code, is amended by adding at the end the following: “(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.” .
Effective date note
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.
2009
Omnibus Public Land Management Act of 2009
Pub. L. 111–11 title VII § 7116(e)(3) · 123 Stat. 991
1. Inserted · 40 U.S.C. § 8908(b)(1)
  Pub. L. 111–11 inserted “Advisory” before “Commission” in first sentence
2. Substituted · 40 U.S.C. § 8908(b)(1)
  Pub. L. 111–11 substituted “Natural Resources of the House” for “House Administration of the House” in second sentence
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(3) in section 8908(b)(1)— (A) in the first sentence, by inserting “Advisory” before “Commission”; and (B) in the second sentence, by striking “House Administration” and inserting “Natural Resources”.

5 of 6 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
8908(a)	40:1005.	Pub. L. 99–652, § 5, Nov. 14, 1986, 100 Stat. 3651.
8908(b)	40:1006.	Pub. L. 99–652, § 6, Nov. 14, 1986, 100 Stat. 3651; Pub. L. 103–321, § 2(c), Aug. 26, 1994, 108 Stat. 1794.

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).

Editorial Notes

References in Text

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.

Amendments2003–2009 · 2 rounds

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).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

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.

Credits

2002–2009 · 3 acts

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

Show as published

(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.)