262:
26:
609:
design approval and the foundation had 75 percent (not 100 percent) of the construction funds in hand. Either the
Secretary or Administrator also had the authority to extend for up to three years the authorization of a memorial if these conditions were met. Title II, Section 203(f) made it clear, however, that the 10 percent trust fund contribution must also be made (in addition to having 75 percent of construction funds) for a construction permit to issue.
438:) introduced H.R. 3169 on August 1, 1991. It was referred to the House Committee on Interior and Insular Affairs, which approved an amended bill on October 21. The House approved the bill by voice vote the same day. The bill was passed to the Senate, and referred to the Senate Committee on Energy and Natural Resources. It was reported favorably on November 12, and approved by the Senate in a voice vote on November 27. President
242:, which favorably reported the bill with amendments on August 15. The bill passed the Senate, with additional amendments, by voice vote on September 10. The House made additional amendments of its own, and concurred with the Senate bill by voice vote on September 29. The Senate concurred with the House-amended bill by voice vote on October 16. President
400:. An individual or the last surviving member of a group to be commemorated had to have died at least 25 years ago for a memorial to be erected. Other commemorative works—those not commemorating a war, branch of the armed forces, individual, or group—were permissible in Area II only if they were "a subject of lasting historical significance."
199:
memorials had been seriously proposed but lacked a congressional sponsor to introduced authorizing legislation in
Congress. The sheer number of memorials being proposed was not the only problems. The memorials were increasingly large, and often included extensive exhibits that threatened to turn memorials into miniature museums.
404:
memorial planners could prove they had consulted knowledgeable individuals regarding historic preservation and "structural soundness and durability" about the memorial design; the memorial's builder had design and construction contracts signed; and the memorial's builder had sufficient funds in hand to complete construction.
494:(R-Virginia) introduced companion legislation (S. 1552) in the Senate. It was referred to the Committee on Energy and Natural Resources, which favorably reported it on April 5, 1994. It passed the Senate on a voice vote on April 12. The House voted 378-to-0 to accept the amendment Senate bill on August 16, 1994. President
574:
had been constructed. The foundation was now self-perpetuating, and had a large staff, lobbyists, and programming. The VVMF began agitating for a museum about the
Vietnam War to be constructed near the memorial. The VVMF had raised significant sums of money to construct this museum (which it called a
549:
Because the
National Capital Memorial Advisory Committee was a creation of the Department of the Interior, it could be dissolved by the department at will, which would leave the CWA without an enforcing body. To rectify this, Section 8904 established a new National Capital Memorial Commission. It had
532:
Section 2(e)(2) established a new section of the CWA. It allowed the
Secretary of the Interior or the Administrator of the General Services Administration (GSA) to suspend the fundraising for or construction of a commemorative work if the fundraising efforts misrepresented what the funds were being
403:
Section 8(a) barred the
District of Columbia or Department of the Interior from issuing a construction permit for a commemorative work unless its site and design had been approved by the secretary or administrator, the Commission of Fine Arts, and the National Capital Planning Commission; unless the
557:
Congress also tightened the rules for approving a memorial. Section 8905(b) now required that the work be placed only in an area "relevant to the subject of the work"; that the new memorial not "interfere with, or encroach on, an existing commemorative work"; protect as much open space as possible
553:
Part D also made changes to the procedures by which memorials would be considered. Now it was mandatory under
Section 8905(a)(1) for a memorial's backers to consult with the National Capital Memorial Commission (NCMC) regarding alternative sites and designs. No longer could memorial backers submit
501:
Several memorials were close to losing their congressional authorization in 1994. The backers of these memorials convinced
Congress that they were close to raising enough funds to build their commemorative works and obtain final design approval. In Section 1 of the amendments, Congress extended the
165:(NCMAC). The law also establishes criteria a memorial must meet in order to be approved the NCMAC, and establishes a seven-year deadline by which construction must begin or the memorial loses its congressional authorization. As of April 2014, the law has been amended five times, most notably by the
608:
Title II, Section 203(c)(3) relaxed slightly the standard for issuing a construction permit. Now the
Secretary of the Interior or the Administrator of the GSA, in consultation with NCMAC, had the discretion to issue a construction permit if both the NCPC and CFA had issued final (not preliminary)
391:
or the
Administrator of the General Services Administration could approve a memorial within Area I if and only if the person, group, or event to be commemorated was of "preeminent historical and lasting significance to the Nation." This determination could be made only after consulting with NCMAC.
198:
By 1986, there were 110 national monuments, memorials, and statues in Washington, D.C., and its immediate environs. The pressure to build more memorials on the National Mall was extremely heavy, with roughly 15 new proposals being introduced in each session of Congress. Approximately 25 additional
624:
Congress enacted the Omnibus Public Land Management Act of 2009 (Public Law 111–11) on March 30, 2009. Title VII—National Park Service Authorizations, Subtitle B—Amendments to Existing Units of the National Park System, Section 7116(e) made minor technical corrections to the CWA (primarily in the
528:
Section 2(c) changed the requirements for meeting the construction deadline. Instead of commencing construction by the deadline, memorial backers now merely had to request a construction permit by the deadline. Memorial backers were also now required to show that they had considered alternative
545:
Section 8902(a)(1) included "landscape features" in the definition of commemorative works. Section 8902(a)(2) expanded the range of organizations which could build memorials to any organization authorized by Congress (regardless of its nonprofit or for-profit status). Section 8903(b) now barred
541:
On August 21, 2002, Congress enacted a law entitled "Codifying Title 40, United States Code—Public Buildings, Property, and Works" (Public Law 107–217). Subtitle II-Public Buildings and Works, Part D-Public Buildings, Grounds, and Parks in the District of Columbia, Sections 8901 to 8909 further
414:
Section 10(b) provided that the authorization for a memorial would expire at the end of five years, unless a construction permit had been issued by the Department of the Interior or the General Services Administration or Congress had expressly enacted legislation authorizing an extension of the
395:
Section 6(b) of the Commemorative Works Act established the criteria a commemorative work had to meet to be erected in Area II. Section 6(b)(1) governed military commemorative works. It barred memorials for "lesser" conflicts and those commemorating only a unit of the
604:
Title II, Section 203(c) also changed what works could qualify for placement in Area I and Area II. Works commemorating lesser conflicts were no longer outright barred. Now a commemorative work could memorialize a lesser conflict so long as it did not solely do so.
554:
their proposed sites and designs directly to the CFA or the NCPC. Now, according to Section 8905(a)(2), only the Department of the Interior or GSA had that authority (which effectively forced memorial backers to coordinate with them to get a submission made).
317:; Rock Creek north to 26th Street NW and L Street NW; south on 26th Street NW to I Street NW; roughly west from the intersection of I and 26th Streets NW to the National Park Service land on the D.C. shore of the Potomac River; south along the Potomac River to
569:
Congress enacted the Vietnam Veterans Memorial Visitor Center Authorization (Public Law 108–126) on November 17, 2003. Unlike subsequent memorial nonprofits, the Vietnam Veterans Memorial Foundation (VVMF) continued to operate and solicit funds long after the
257:
Section 2(c) of the Commemorative Works Act of 1986 defines a "commemorative work" as a garden, memorial, memorial grove, monument, sculpture, statue, or other structure or landscape feature designed to perpetuate the memory of a person, group, or event.
889:
An Act to lengthen from five to seven years the expiration period applicable to legislative authority relating to construction of commemorative works on Federal land in the District of Columbia and its environs, Public Law 102-216 (December 11,
600:
Title II, Section 203(a) now explicitly required NCMC, CFA, NCPC, and other bodies with oversight over memorial siting to seek to locate commemorative works throughout the entire National Capital Area (not just Area I or areas adjacent to it).
383:
Section 7(a)(1) required memorials to be submitted to NCMAC for siting approval. Section 7(a)(1) required memorials to be submitted to the Commission of Fine Arts and the National Capital Planning Commission for both site and design approval.
513:
Section 2(a) of the amendment made minor revisions to the commemorative works encompassed by the CWA. Commemorative works now included plaques and inscriptions, and memorial sponsors had to be either a public agency or a
1137:
490:) introduced H.R. 2947. It was referred to the House Committee on Natural Resources and reported favorably on November 20, 1993. It passed the House on a voice vote on November 23. On October 15, 1993, Senator
533:
raised for, or if the fundraising effort implied it was an official effort of the United States government. Annual reports regarding fundraising were now required to be submitted either to Interior or GSA.
1064:
Omnibus Public Land Management Act of 2009, Public Law 111–11 (March 30, 2009), Title VII—National Park Service Authorizations, Subtitle B—Amendments to Existing Units of the National Park System, Section
588:
Title II, Section 202 made a major revision to Area I. Congress now defined within Area I a zone it called the Reserve. The Reserve was designated generally as the National Mall from the Capitol to the
306:
239:
597:. Section 202 expressly prohibited new commemorative works or visitors' centers within the Reserve. A new map, numbered 869/86501 B and dated June 24, 2003, was created to depict the Reserve.
418:
Section 10(c) of the Act required that title to completed commemorative works be transferred to the Department of the Interior or the General Services Administration upon completion.
1142:
616:, and authorized the CFA and NCPC to develop joint regulations, guidelines, and criteria to carry out the CWA. It also barred recognition of donor contributions on any memorial.
219:
277:, Congress had on May 1, 1986, created a map (number 869/86501) of these areas, which it named Area I and Area II. Area I roughly encompassed a zone extending from the
335:
Section 4(a) of the Act formally established the National Capital Memorial Advisory Committee (NCMAC). This committee had been informally established earlier by the
507:
407:
Section 8(b) also required memorial builders to collect an amount equal to 10 percent of the total cost of construction. This amount was to be turned over to the
322:
162:
646:
Throughout American history, funding for federal memorials had traditionally come from private donors. The federal government rarely provided public financing.
1104:"Monuments and Memorials Authorized Under the Commemorative Works Act in the District of Columbia: Current Development of In-Progress and Lapsed Works"
269:
Section 2(e) established specific zones within the National Capital Region to which various rules established by the Act would apply. Working with the
122:
To provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes
336:
388:
298:
215:
1046:
Vietnam Veterans Memorial Visitor Center Authorization, Public Law 108–126 (November 17, 2003), Title II—Commemorative Works, Section 203(f).
1037:
Vietnam Veterans Memorial Visitor Center Authorization, Public Law 108–126 (November 17, 2003), Title II—Commemorative Works, Section 203(c).
1025:
Vietnam Veterans Memorial Visitor Center Authorization, Public Law 108–126 (November 17, 2003), Title II—Commemorative Works, Section 203(a).
1016:
Vietnam Veterans Memorial Visitor Center Authorization, Public Law 108–126 (November 17, 2003), Title II—Commemorative Works, Section 203(b).
358:
561:
Section 8906(b)(1) now required that the 10 percent trust fund be turned over to the Treasury before a construction permit could be issued.
558:
and be compatible with existing public use; be constructed of durable materials; and contain landscaping compatible with the local climate.
261:
1152:
364:
352:
1055:
Vietnam Veterans Memorial Visitor Center Authorization, Public Law 108–126 (November 17, 2003), Title II—Commemorative Works, Section 204.
1007:
Vietnam Veterans Memorial Visitor Center Authorization, Public Law 108–126 (November 17, 2003), Title II—Commemorative Works, Section 202.
387:
Section 6(a) of the Commemorative Works Act established the criteria a commemorative work had to meet to be erected in Area I. Either the
332:
Section 3(a) of the Act barred establishment of a memorial anywhere within Area I or Area II without specific authorization by Congress.
1157:
998:
Codifying Title 40, United States Code—Public Buildings, Property, and Works, Public Law 107-217 (August 21, 2002), Section 8906(b)(1).
980:
Codifying Title 40, United States Code—Public Buildings, Property, and Works, Public Law 107-217 (August 21, 2002), Section 8905(a)(2).
971:
Codifying Title 40, United States Code—Public Buildings, Property, and Works, Public Law 107-217 (August 21, 2002), Section 8905(a)(1).
1091:
377:
286:
146:
989:
Codifying Title 40, United States Code—Public Buildings, Property, and Works, Public Law 107-217 (August 21, 2002), Section 8905(b).
953:
Codifying Title 40, United States Code—Public Buildings, Property, and Works, Public Law 107-217 (August 21, 2002), Section 8903(b).
944:
Codifying Title 40, United States Code—Public Buildings, Property, and Works, Public Law 107-217 (August 21, 2002), Section 8902(a).
397:
369:
339:. The Act charged NCMAC with administering the Commemorative Works Act, and specified the membership of the committee. These were:
1116:"Monuments and Memorials in the District of Columbia: Analysis and Options for Proposed Exemptions to the CommemorativeWorks Act"
962:
Codifying Title 40, United States Code—Public Buildings, Property, and Works, Public Law 107-217 (August 21, 2002), Section 8904.
231:
207:
270:
525:
Section 2(b)(2) added the requirement that a major conflict occur at least 10 years ago in order to be authorized in Area I.
1147:
612:
Title II, Section 204 made adjustments to the approval criteria. It barred construction of any museum in either Area I or
310:
392:
Even so, the affirmative determination had to be approved by Congress within 150 days, or it was considered disapproved.
427:
302:
935:
To amend the Commemorative Works Act, and for other purposes, Public Law 103-321 (August 26, 1994), Section 2(e)(2).
917:
To amend the Commemorative Works Act, and for other purposes, Public Law 103-321 (August 26, 1994), Section 2(b)(2).
467:
443:
314:
265:
Map showing the Reserve (greyed out area), Area I (within black boundary) and Area II of the National Capital Area.
170:
133:
926:
To amend the Commemorative Works Act, and for other purposes, Public Law 103-321 (August 26, 1994), Section 2(c).
908:
To amend the Commemorative Works Act, and for other purposes, Public Law 103-321 (August 26, 1994), Section 2(a).
571:
503:
1092:"Monuments and Memorials Authorized and Completed Under the Commemorative Works Act in the District of Columbia"
579:
officials), and it had a potent and well-organized grassroots campaign pressuring Congress to approve the plan.
415:
deadline. Section 10(e) exempted any memorial authorized before the 99th Congress from the five-year deadline.
346:
329:; and north to the White House. Area II consisted of those parts of the National Capital Area outside Area I.
899:
To amend the Commemorative Works Act, and for other purposes, Public Law 103-321 (August 26, 1994), Section 1.
249:
The Commemorative Works Act established "significant procedural roadblocks" to the creation of new memorials.
576:
222:
on April 23, and passed the House by voice vote on May 5. A companion bill, S. 2522, was introduced in the
150:
408:
182:
817:
519:
282:
274:
158:
585:
Title II of the act was titled the Commemorative Works Clarification and Revision Act of 2003 (CWCRA).
25:
655:
This section also changed the name of NCMC back to the National Capital Memorial Advisory Commission.
223:
153:) (CWA) is a United States federal law which bars the construction of commemorative works near the
78:
411:, which would hold them in trust as a perpetual operations and maintenance fund for the memorial.
179:
594:
458:
Public Law 102-216 lengthened the term of memorial authorization to seven years from five years.
820:(Report). U.S. Senate. 110th Cong., 2d sess. Washington, D.C.: U.S. Government Printing Office
613:
582:
Title I of the act authorized construction of the Vietnam Veterans Memorial Visitors' Center.
439:
318:
590:
227:
1131:
483:
343:
Director of the National Park Service (who was also designated the committee's chair)
294:
243:
154:
682:
Shannon, Don (November 26, 1988). "Proliferating Memorials Create a Space Problem".
476:
452:
495:
142:
374:
Commissioner of the Public Building Service of the General Services Administration
818:
Extension of Legislative Authority for Memorial Honoring Veterans, S.Rep. 110-165
491:
487:
326:
278:
880:
Commemorative Works Act, Public Law 99-652 (November 14, 1986), Section 10(c).
871:
Commemorative Works Act, Public Law 99-652 (November 14, 1986), Section 10(e).
862:
Commemorative Works Act, Public Law 99-652 (November 14, 1986), Section 10(b).
546:
absolutely works commemorating lesser conflicts or units of the armed forces.
1033:
1031:
838:
Commemorative Works Act, Public Law 99-652 (November 14, 1986), Section 8(b).
797:
Commemorative Works Act, Public Law 99-652 (November 14, 1986), Section 8(a).
788:
Commemorative Works Act, Public Law 99-652 (November 14, 1986), Section 6(b).
764:
Commemorative Works Act, Public Law 99-652 (November 14, 1986), Section 6(a).
752:
Commemorative Works Act, Public Law 99-652 (November 14, 1986), Section 7(a).
743:
Commemorative Works Act, Public Law 99-652 (November 14, 1986), Section 4(a).
734:
Commemorative Works Act, Public Law 99-652 (November 14, 1986), Section 3(a).
725:
Commemorative Works Act, Public Law 99-652 (November 14, 1986), Section 2(e).
716:
Commemorative Works Act, Public Law 99-652 (November 14, 1986), Section 2(c).
515:
431:
1115:
1103:
1080:"Commemorative Works in the District of Columbia: Background and Practice"
1079:
435:
290:
203:
92:
848:"The American Veterans Disabled for Life Memorial Needs Your Support".
430:
amended the Commemorative Works Act for the first time. Representative
235:
211:
466:
In 1994, Congress enacted amendments to the Commemorative Works Act (
214:) introduced H.R. 4378, the Commemorative Works Act of 1986, in the
260:
816:
Committee on Energy and Natural Resources (September 17, 2007).
702:
Forgey, Benjamin (June 17, 1989). "How Many More Memorials?".
550:
the same membership, chair, and authority as its predecessor.
593:, and the cross-axis of the Mall from the White House to the
285:; from the Capitol along Maryland Avenue SW to and along the
1138:
United States federal government administration legislation
301:; Columbia Island; the National Park Service land fronting
529:
sites and alternative designs for their memorial as well.
167:
Commemorative Works Clarification and Revision Act of 2003
44:
PL 99-652; 40 United States Code 89, Sections 8901 to 8909
116:
106:
98:
88:
77:
72:
64:
56:
48:
40:
35:
18:
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313:; Key Bridge due east across the Potomac River to
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112:S.Rept. No. 99-421 (Energy and Natural Resources)
110:H.Rept. No. 99-574 (Interior and Insular Affairs)
697:
695:
693:
240:Senate Committee on Energy and Natural Resources
246:signed the bill into law on November 14, 1986.
220:House Committee on Interior and Insular Affairs
508:Women in Military Service for America Memorial
323:John F. Kennedy Center for the Performing Arts
1143:United States federal public land legislation
163:National Capital Memorial Advisory Commission
8:
774:"Site Chosen for Disabled Vets Memorial".
760:
758:
238:) on June 5. The bill was assigned to the
24:
677:
675:
673:
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504:Black Revolutionary War Patriots Memorial
442:signed it into law on December 11, 1991 (
218:. The bill was favorably reported by the
337:United States Department of the Interior
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639:
498:signed the bill into law on August 26.
389:United States Secretary of the Interior
216:United States House of Representatives
15:
811:
809:
807:
805:
803:
575:"visitor center", so as not to alarm
542:amended the Commemorative Works Act.
359:United States Commission of Fine Arts
7:
365:National Capital Planning Commission
353:American Battle Monuments Commission
325:); east along the National Mall to
482:On August 6, 1993, Representative
473:Tooltip Public Law (United States)
449:Tooltip Public Law (United States)
378:United States Secretary of Defense
202:On March 11, 1986, Representative
176:Tooltip Public Law (United States)
139:Tooltip Public Law (United States)
14:
1121:. Congressional Research Service.
1109:. Congressional Research Service.
1097:. Congressional Research Service.
1085:. Congressional Research Service.
398:armed forces of the United States
370:Mayor of the District of Columbia
161:unless they are approved by the
518:organization as defined by the
297:from the 14th Street Bridge to
271:General Services Administration
189:Commemorative Works Act of 1986
130:Commemorative Works Act of 1986
19:Commemorative Works Act of 1986
510:from seven years to 10 years.
321:(including the grounds of the
1:
506:, National Peace Garden, and
1153:99th United States Congress
303:Arlington National Cemetery
157:and on federal land in the
30:99th United States Congress
1174:
1158:Presidency of Bill Clinton
572:Vietnam Veterans Memorial
121:
23:
347:Architect of the Capitol
577:Smithsonian Institution
502:authorization for the
409:United States Treasury
266:
625:name of committees).
520:Internal Revenue Code
283:United States Capitol
275:National Park Service
264:
159:National Capital Area
1148:1986 in American law
224:United States Senate
704:The Washington Post
194:Legislative history
73:Legislative history
778:. August 31, 2001.
595:Jefferson Memorial
287:14th Street Bridge
267:
84:H.R. 4378; S. 2522
684:Los Angeles Times
614:East Potomac Park
440:George H. W. Bush
319:West Potomac Park
126:
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68:November 14, 1986
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852:. March 1, 2008.
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1072:Further reading
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307:Memorial Drive
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228:Malcolm Wallop
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180:108–126 (text)
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305:(excluding
279:White House
226:by Senator
102:May 5, 1986
1132:Categories
629:References
315:Rock Creek
311:Key Bridge
253:Provisions
99:Introduced
663:Citations
516:nonprofit
432:Bill Clay
147:40 U.S.C.
1065:7116(e).
824:April 6,
436:Missouri
291:Virginia
273:and the
204:Mo Udall
93:Mo Udall
52:Congress
41:Citation
36:Congress
477:103–321
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453:102–216
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281:to the
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117:Summary
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890:1991).
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65:Signed
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634:Notes
183:(PDF)
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81:title
826:2014
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