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SCongressional Research Service
M~~am Inforrming th e legislative d ebate since 1914
Updated January 8, 2024
Temporary Commemorations on Federal Land 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 celebrated or commemorated in Washington,
DC. In the years since Congress created the CWA, there
have been several nonpermanent (temporary) displays,
some with commemorative themes, in Washington, DC,
some of them on the National Mall. Temporary displays
potentially provide an opportunity to honor individuals,
groups, and events that might not otherwise be approved for
a permanent commemorative work.
Authorizing Temporary Displays
Temporary displays can potentially be allowed on federal
land in the District of Columbia through a CWA provision
that authorizes the Secretary of the Interior (through the
National Park Service [NPS]) to create a site to display a
commemorative work on a temporary basis under certain
circumstances. The NPS event permit process may also
authorize a temporary display.
CWA Temporary Site Designation
The CWA (40 U.S.C. §8907) allows for the designation of
a site where commemorative works may be displayed on a
temporary basis, outside the Reserve, 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
Temporary displays on federal land in the District of
Columbia are commonly located on NPS property and do
not constitute a commemorative work under the CWA. As
such, the work's organizer may obtain a permit to authorize
the display under NPS regulations (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
objects with commemorative themes 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
Artwork or Objects with
Commemorative Themes
Since the enactment of the CWA in 1986, several
temporary displays of artwork or objects with
commemorative themes have been located 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 Beyond Granite artwork installation (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.
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