About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (May 30, 2023)

handle is hein.crs/govelub0001 and id is 1 raw text is: 





         Congressional Research Service
MaassagInforming  the legislative debate since 1914


0


                                                                                               May  30, 2023

Temporary Commemorative Works in the District of Columbia


The District of Columbia, especially the area around the
National Mall, is widely known for its monuments and
memorials. These permanent commemorative works, which
are located on federal land, honor the military; arts, science,
and culture; American history, symbols, and government;
international figures and events; former Presidents; and
local history.

Permanent commemorative  works (governed by the
Commemorative  Works Act [CWA;  40 U.S.C. §§8901-
8909]) are not the only way that individuals, groups, and
events can be commemorated in Washington, DC. In the
years since Congress created the CWA, there have been a
number of nonpermanent (temporary) commemorative
works displayed in Washington, DC, some of them on the
National Mall. Temporary commemorative works
potentially provide an opportunity to honor individuals,
groups, and events that might not otherwise be approved for
a permanent commemorative work.

Authorizing Temporary
Commemorative Work(s
Temporary commemorative  works in the District of
Columbia can be authorized for display in two ways: a
CWA   provision that authorizes the Secretary of the Interior
(through the National Park Service [NPS]) to create a site to
display a temporary commemorative work under certain
circumstances; or the NPS special event permit process.

CWA Temporary Commemorative Works
The CWA   (40 U.S.C. §8907) allows for the designation of
a site where commemorative works may be displayed on a
temporary basis following a determination by the
Secretary of the Interior, in consultation with the National
Capital Memorial Advisory Commission (NCMAC),  that
such a site is necessary to aid in the preservation of the
limited amount of open space available to residents of, and
visitors to, the Nation's Capital. The Secretary must
submit a plan for the site to Congress at least 120 days
before the designation. The Department of the Interior
(S.Rept. 99-421, p. 10) stated that allowing a temporary site
designation provides a non-structural alternative means of
recognizing persons and subjects important to the Nation
but which maybe more appropriately located permanently
at an area outside of the District of Columbia closely
associated with the person or event.

NPS  Permit  Process
Most temporary commemorative works on federal land in
the District of Columbia are displayed on NPS property. As
such, the work's organizer may obtain a permit to display
the work under NPS regulations authorizing demonstrations
and special events (36 C.F.R. §7.96). Within the National
Mall and Memorials Parks Division, NPS reports that it


issues permits for more than 4,000 total activities a year.
While many of these activities are not commemorative in
nature (e.g., first amendment activities, commercial film
and photography, concerts, sports events, festivals), others
seek to temporarily place artwork or other commemorative
elements on NPS land. Interested applicants can submit
permits up to one year in advance. For more information on
the NPS permitting process, see https://www.nps.gov/nama/
planyourvisit/permitsandreservations.htm.

Selected Examples of Past Temporary
Commemorative Works in the District
of Columbia
Since the enactment of the CWA in 1986, a number of
temporary memorials and commemorative works have been
displayed in the District of Columbia, many on the National
Mall. CRS research indicates that each was likely approved
through the NPS permitting process. Some selected
examples on a range of subjects include the AIDS
Memorial Quilt (1987), the Desert Shield/Desert Storm
Victory Celebration (1991), Victims of COVID-19 (2021),
and presidential dogs (2022), as well as the planned Beyond
Granite commemorative work (2023).

AIDS  Memorial   Quilt
On October 11, 1987, the AIDS Memorial Quilt made its
first appearance on the National Mall. Envisioned as a
memorial to individuals who died in the AIDS epidemic,
the quilt contained nearly 2,000 panels when it was
unveiled in Washington, DC, and covered more ground
than a football field. Figure 1 shows the AIDS Memorial
Quilt on the Ellipse in 1989, during a subsequent visit to
Washington, DC.


Figure I. AIDS Memorial  Quilt


Source: Smithsonian Institution Archives, The AIDS Memorial Quilt
on the National Mall, December 17, 2020, at https://siarchives.si.edu/
blog/aids-memorial-quilt-national-mall.

Operation  Desert  Shield/Desert Storm  Victory
Celebration
In June 1991, a National Victory Celebration was held in
Washington, DC, to honor the Armed Forces that
participated in Operation Desert Shield and Operation
Desert Storm. The National Victory Celebration included a

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.

Already a HeinOnline Subscriber?

profiles profiles most