Title 40Public Buildings, Property, and WorksRelease 119-73

§8905 Site and design approval

Title 40 › Subtitle SUBTITLE II— - PUBLIC BUILDINGS AND WORKS › Part PART D— - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA › Chapter CHAPTER 89— - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS › § 8905

Last updated Apr 6, 2026|Official source

Summary

Sponsors who want to build a commemorative work in Washington, D.C. must first talk with the National Capital Memorial Advisory Commission about possible sites and designs. After that, the Secretary of the Interior or the Administrator of General Services must send the sponsor’s site and design plans to the Commission of Fine Arts and the National Capital Planning Commission for their approval. When deciding, those agencies must try to place the work where it relates to the subject, avoid harming or crowding existing memorials, protect open space and public use and natural or cultural resources, use long‑lasting materials, and choose landscaping that fits the climate. A memorial that is mainly a museum cannot be placed on lands the Secretary manages in Area I or in East Potomac Park. The two commissions can agree on extra rules for specific sites. The Secretary or Administrator may allow a sponsor to recognize donors at the memorial, but such acknowledgments must follow National Park Service or GSA rules. They must appear inside an associated building or as part of a manmade landscape element, be a short credit, follow display guidelines, be freestanding, not attached to landscape features or museum objects, and can be shown for up to 10 years based on the gift size. The sponsor pays all costs. These rules apply to memorials dedicated after January 1, 2010.

Full Legal Text

Title 40, §8905

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)A sponsor authorized by law to establish a commemorative work in the District of Columbia and its environs may request a permit for construction of the commemorative work only after the following requirements are met:
(1)The sponsor must consult with the National Capital Memorial Advisory Commission regarding the selection of alternative sites and design concepts for the commemorative work.
(2)Following consultation in accordance with clause (1), the Secretary of the Interior or the Administrator of General Services, as appropriate, must submit, on behalf of the sponsor, site and design proposals to the Commission of Fine Arts and the National Capital Planning Commission for their approval.
(b)In considering site and design proposals, the Commission of Fine Arts, National Capital Planning Commission, and the Secretary or Administrator (as appropriate) shall be guided by, but not limited by, the following criteria:
(1)To the maximum extent possible, a commemorative work shall be located in surroundings that are relevant to the subject of the work.
(2)A commemorative work shall be located so that—
(A)it does not interfere with, or encroach on, an existing commemorative work; and
(B)to the maximum extent practicable, it protects open space, existing public use, and cultural and natural resources.
(3)A commemorative work shall be constructed of durable material suitable to the outdoor environment.
(4)Landscape features of commemorative works shall be compatible with the climate.
(5)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).11 So in original. Probably should be section “8902(a)(2).”
(6)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.
(c)(1)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)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)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)The sponsor shall bear all expenses related to the display of donor acknowledgments under paragraph (1).
(5)This subsection shall apply to any commemorative work dedicated after January 1, 2010.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 8905(a)40:1007(a).Pub. L. 99–652, § 7, Nov. 14, 1986, 100 Stat. 3652; Pub. L. 103–321, § 2(d), Aug. 26, 1994, 108 Stat. 1794. 8905(b)40:1007(b).

Editorial Notes

Amendments

2014—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.” Subsec. (c). Pub. L. 113–291, § 3054(c)(2), added subsec. (c). 2003—Subsec. (a). Pub. L. 108–126, § 203(e)(1)(A), substituted “sponsor” for “person” wherever appearing. Subsec. (a)(1). Pub. L. 108–126, § 203(e)(1)(B), inserted “Advisory” before “Commission” and substituted “design concepts” for “designs”. 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. 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.” Subsec. (b)(5) to (7). Pub. L. 108–126, § 204, added pars. (5) to (7).

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 Amendment

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.

Reference

Citations & Metadata

Citation

40 U.S.C. § 8905

Title 40Public Buildings, Property, and Works

Last Updated

Apr 6, 2026

Release point: 119-73