About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (May 8, 2023)

handle is hein.crs/govelno0001 and id is 1 raw text is: A Congressional Research Service Informing the legislative debate since 1914 Updated May 8, 2023 Commemorative Works Act: Siting Memorials in the District of Columbia In 1986, Congress enacted the Commemorative Works Act (CWA) to guide the authorization, design, and placement of memorials in Washington, DC, on property administered by the National Park Service (NPS) or the General Services Administration (GSA). As amended, the CWA (40 U.S.C. §§8901-8909) requires congressional authorization for a memorial on federal land in the District of Columbia and its environs, but also recognizes that past congressional involvement in approving construction, sites, and architectural decisions had become cumbersome, as each step had generally required congressional approval. The CWA established processes for memorial authorization. In the law, Congress authorizes the memorial to be built by a designated sponsor group. The law delegates decisions on design, siting (except for Area I, see below), construction, and maintenance to the Secretary of the Interior or the Administrator of the GSA, as well as several other federal planning entities, including the National Capital Planning Commission (NCPC), the U.S. Commission of Fine Arts (CFA), and the National Capital Memorial Advisory Commission (NCMAC). Memorial Areas in Washington, DC For memorial placement, the CWA divides the District of Columbia and its environs into three sections: the Reserve, Area I, and Area 11(40 U.S.C. §8908). The law specifies the standards for memorial placement for each of the three sections. Congressional approval is required for memorials suggested for placement in Area I. Figure 1 shows these areas of Washington, DC. The Reserve The Reserve is the great cross-axis of the Mall, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial (40 U.S.C. §8901(a)(3)). The Reserve is considered a substantially completed work of civic art, and within the Reserve, to preserve the integrity of the Mall ... the siting of new commemorative works is prohibited (P.L. 108-126 §202(a)(1)). The CWA also prohibits the placement of museums and visitor centers in the Reserve. Area I Area I is for commemorative works of preeminent historical and lasting significance to the United States. Pursuant to 40 U.S.C. §8908, the Secretary of the Interior or the Administrator of GSA, after seeking the advice of the NCMAC, can recommend that a memorial be placed in Area I. If that recommendation occurs, Congress may choose whether to enact legislation to authorize placement in Area I. For more details, see Siting Memorials in DC, below. Area 11 Area II is for subjects of lasting historical significance to the American people. Area II encompasses all sections of the District of Columbia and its environs not part of the Reserve or Area I. Figure 1. Commemorative Areas of Washington, DC, and its Environs Source: National Park Service Map 869-86501 B (June 24, 2003). Siting Memorials in DC The CWA created a two-step approach for site selection. First, following congressional authorization of a commemorative work, the statutorily designated sponsor

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most