[United States Statutes at Large, Volume 117, 108th Congress, 1st Session] [From the U.S. Government Printing Office, www.gpo.gov] 117 STAT. 1348 Public Law 108-126 108th Congress An Act To authorize the design and construction of a visitor center for the Vietnam Veterans Memorial. [NOTE: Nov. 17, 2003 - [H.R. 1442]] Be it enacted by the Senate and House of Representatives of the United States of America in Congress [NOTE: District of Columbia.] assembled, TITLE I--VIETNAM VETERANS MEMORIAL VISITOR CENTER SEC. 101. VISITOR CENTER. Public Law 96-297 (16 U.S.C. 431 note) is amended by adding at the end the following: ``SEC. 6. VISITOR CENTER. ``(a) Authorization.-- ``(1) In general.--The Vietnam Veterans Memorial Fund, Inc., is authorized to construct a visitor center at or near the Vietnam Veterans Memorial on Federal land in the District of Columbia, or its environs, subject to the provisions of this section, in order to better inform and educate the public about the Vietnam Veterans Memorial and the Vietnam War. ``(2) Location.--The visitor center shall be located underground. ``(3) Consultation on design phase.--The Vietnam Veterans Memorial Fund, Inc., shall consult with educators, veterans groups, and the National Park Service in developing the proposed design of the visitor center. ``(b) Compliance With Standards Applicable to Commemorative Works.-- Chapter 89 of title 40, United States Code, shall apply, including provisions related to the siting, design, construction, and maintenance of the visitor center, and the visitor center shall be considered a commemorative work for the purposes of that Act, except that-- ``(1) final approval of the visitor center shall not be withheld; ``(2) the provisions of subsections (b) and (c) of section 8908 of title 40, United States Code, requiring further approval by law for the location of a commemorative work within Area I and prohibiting the siting of a visitor center within the Reserve shall not apply; ``(3) the size of the visitor center shall be limited to the minimum necessary-- [[Page 1349]] 117 STAT. 1349 ``(A) to provide for appropriate educational and interpretive functions; and ``(B) to prevent interference or encroachment on the Vietnam Veterans Memorial and to protect open space and visual sightlines on the Mall; and ``(4) the visitor center shall be constructed and landscaped in a manner harmonious with the site of the Vietnam Veterans Memorial, consistent with the special nature and sanctity of the Mall. ``(c) Operation and Maintenance.-- ``(1) In general.--The Secretary of the Interior shall-- ``(A) operate and maintain the visitor center, except that the Secretary shall enter into a written agreement with the Vietnam Veterans Memorial Fund, Inc., for specified maintenance needs of the visitor center, as determined by the Secretary; and ``(B) as soon as practicable, in consultation with educators and veterans groups, develop a written interpretive plan for the visitor center in accordance with National Park Service policy. ``(2) Donation for perpetual maintenance and preservation.-- Paragraph (1)(A) does not waive the requirements of section 8906(b) of title 40, United States Code, with respect to the visitor center. ``(d) Funding.--The Vietnam Veterans Memorial Fund, Inc., shall be solely responsible for acceptance of contributions for, and payment of expenses of, the establishment of the visitor center. No Federal funds shall be used to pay any expense of the establishment of the visitor center.''. TITLE II--COMMEMORATIVE [NOTE: Commemorative Works Clarification and Revision Act of 2003.] WORKS SEC. 201. [NOTE: 40 USC 101 note.] SHORT TITLE. This title may be cited as the ``Commemorative Works Clarification and Revision Act of 2003''. SEC. 202. [NOTE: 40 USC 8901 note.] ESTABLISHMENT OF RESERVE. (a) Findings.--Congress finds that-- (1) the great cross-axis of the Mall in the District of Columbia, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, is a substantially completed work of civic art; and (2) to preserve the integrity of the Mall, a reserve area should be designated within the core of the great cross-axis of the Mall where the siting of new commemorative works is prohibited. (b) Reserve.--Section 8908 of title 40, United States Code, is amended by adding at the end the following: ``(c) Reserve.--After the date of enactment of the Commemorative Works Clarification and Revision Act of 2003, no commemorative work or visitor center shall be located within the Reserve.''. SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS. (a) Purposes.--Section 8901(2) of title 40, United States Code, is amended by striking ``Columbia;'' and inserting ``Columbia and [[Page 1350]] 117 STAT. 1350 its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia;''. (b) Definitions.--Section 8902 of title 40, United States Code, is amended by striking subsection (a) and inserting the following: ``(a) Definitions.--In this chapter: ``(1) Commemorative work.--The term `commemorative work' means any statue, monument, sculpture, memorial, plaque, inscription, or other structure or landscape feature, including a garden or memorial grove, designed to perpetuate in a permanent manner the memory of an individual, group, event or other significant element of American history, except that the term does not include any such item which is located within the interior of a structure or a structure which is primarily used for other purposes. ``(2) The district of columbia and its environs.--The term `the District of Columbia and its environs' means those lands and properties administered by the National Park Service and the General Services Administration located in the Reserve, Area I, and Area II as depicted on the map entitled `Commemorative Areas Washington, DC and Environs', numbered 869/86501 B, and dated June 24, 2003. ``(3) Reserve.--The term `Reserve' means 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, as depicted on the map referenced in paragraph (2). ``(4) Sponsor.--The term `sponsor' means a public agency, or an individual, group or organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, and which is authorized by Congress to establish a commemorative work in the District of Columbia and its environs.''. (c) Authorization.--Section 8903 of title 40, United States Code, is amended-- (1) in subsection (b)-- (A) by striking ``work commemorating a lesser conflict'' and inserting ``work solely commemorating a limited military engagement''; and (B) by striking ``the event'' and inserting ``such war or conflict''; (2) in subsection (d)-- (A) by striking ``Consultation with National Capital Memorial Commission.--'' and inserting ``Consultation with National Capital Memorial Advisory Commission.--''; (B) by striking ``House Administration'' and inserting ``Resources''; and (C) by inserting ``Advisory'' before ``Commission''; and (3) by striking subsection (e) and inserting the following: ``(e) Expiration of Legislative Authority.--Any legislative authority for a commemorative work shall expire at the end of the seven- year period beginning on the date of the enactment of such authority, or at the end of the seven-year period beginning on the date of the enactment of legislative authority to locate the commemorative work within Area I, if such additional authority has been granted, unless-- [[Page 1351]] 117 STAT. 1351 ``(1) the Secretary of the Interior or the Administrator of General Services (as appropriate) has issued a construction permit for the commemorative work during that period; or ``(2) the Secretary or the Administrator (as appropriate), in consultation with the National Capital Memorial Advisory Commission, has made a determination that-- ``(A) final design approvals have been obtained from the National Capital Planning Commission and the Commission of Fine Arts; and ``(B) 75 percent of the amount estimated to be required to complete the commemorative work has been raised. If these two conditions have been met, the Secretary or the Administrator (as appropriate) may extend the seven-year legislative authority for a period not to exceed three additional years. Upon expiration of the legislative authority, any previous site and design approvals shall also expire.''. (d) National [NOTE: Government organization.] Capital Memorial Advisory Commission.--Section 8904 of title 40, United States Code, is amended-- (1) in the heading, by inserting ``Advisory'' before ``Commission''; (2) in subsection (a), by striking ``There is a National'' and all that follows through ``consists of'' and inserting the following: ``There is established the National Capital Memorial Advisory Commission, which shall be composed of''; (3) in subsection (c)-- (A) by inserting ``Advisory'' before ``Commission shall''; and (B) by striking ``Services'' and inserting ``Services (as appropriate)''; and (4) in subsection (d) by inserting ``Advisory'' before ``Commission''. (e) Site and Design Approval.--Section 8905 of title 40, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``person'' each place it appears and inserting ``sponsor''; and (B) in paragraph (1)-- (i) by inserting ``Advisory'' before ``Commission''; and (ii) by striking ``designs'' and inserting ``design concepts''; and (2) in subsection (b)-- (A) by striking ``Secretary, and Administrator'' and inserting ``and the Secretary or Administrator (as appropriate)''; and (B) in paragraph (2)(B), by striking, ``open space and existing public use.'' and inserting ``open space, existing public use, and cultural and natural resources.''. (f) Criteria for Issuance of Construction Permit.--Section 8906 of title 40, United States Code, is amended-- (1) in subsection (a)(3) and (a)(4) by striking ``person'' and inserting ``sponsor''; and (2) by striking subsection (b) and inserting the following: ``(b) Donation for Perpetual Maintenance and Preservation.-- ``(1) In addition to the criteria described above in subsection (a), no construction permit shall be issued unless the sponsor [[Page 1352]] 117 STAT. 1352 authorized to construct the commemorative work has donated an amount equal to 10 percent of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation of the commemorative work. All such amounts shall be available for those purposes pursuant to the provisions of this subsection. The provisions of this subsection shall not apply in instances when the commemorative work is constructed by a Department or agency of the Federal Government and less than 50 percent of the funding for such work is provided by private sources. ``(2) Notwithstanding any other provision of law, money on deposit in the Treasury on the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 provided by a sponsor for maintenance pursuant to this subsection shall be credited to a separate account in the Treasury. ``(3) Money provided by a sponsor pursuant to the provisions of this subsection after the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 shall be credited to a separate account with the National Park Foundation. ``(4) Upon request of the Secretary or Administrator (as appropriate), the Secretary of the Treasury or the National Park Foundation shall make all or a portion of such moneys available to the Secretary or the Administrator (as appropriate) for the maintenance of a commemorative work. Under no circumstances may the Secretary or Administrator request funds from a separate account exceeding the total money in the account established under paragraph (2) or (3). The Secretary and the Administrator shall maintain an inventory of funds available for such purposes. Funds provided under this paragraph shall be available without further appropriation and shall remain available until expended.''. (g) Areas I and II.--Section 8908(a) of title 40, United States Code, is amended-- (1) by striking ``Secretary of the Interior and Administrator of General Services'' and inserting ``Secretary of the Interior or the Administrator of General Services (as appropriate)''; and (2) by striking ``numbered 869/86581, and dated May 1, 1986'' and inserting ``entitled `Commemorative Areas Washington, DC and Environs', numbered 869/86501 B, and dated June 24, 2003''. SEC. 204. SITE AND DESIGN CRITERIA. Section 8905(b) of title 40, United States Code (as amended by section 203(e)), is amended by adding at the end the following: ``(5) Museums.--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). ``(6) Site-specific guidelines.--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. [[Page 1353]] 117 STAT. 1353 ``(7) Donor contributions.--Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site.''. SEC. 205. [NOTE: 40 USC 8901 note.] NO EFFECT ON PREVIOUSLY APPROVED SITES. Except for the provision in the amendment made by section 202(b) prohibiting a visitor center from being located in the Reserve (as defined in section 8902 of title 40, United States Code), nothing in this title shall apply to a commemorative work for which a site was approved in accordance with chapter 89 of title 40, United States Code, prior to the date of enactment of this title. SEC. 206. [NOTE: Deadline.] NATIONAL PARK SERVICE REPORTS. Within 6 months after the date of enactment of this title, the Secretary of the Interior, in consultation with the National Capital Planning Commission and the Commission of Fine Arts, shall submit to the Committee on Energy and Natural Resources of the United States Senate, and to the Committee on Resources of the United States House of Representatives reports setting forth plans for the following: (1) To relocate, as soon as practicable after the date of enactment of this Act, the National Park Service's stable and maintenance facilities that are within the Reserve (as defined in section 8902 of title 40, United States Code). (2) To relocate, redesign or otherwise alter the concession facilities that are within the Reserve to the extent necessary to make them compatible with the Reserve's character. (3) To limit the sale or distribution of permitted merchandise to those areas where such activities are less intrusive upon the Reserve, and to relocate any existing sale or distribution structures that would otherwise be inconsistent with the plan. (4) To make other appropriate changes, if any, to protect the character of the Reserve. Approved November 17, 2003. LEGISLATIVE HISTORY--H.R. 1442: --------------------------------------------------------------------------- HOUSE REPORTS: No. 108-295 (Comm. on Resources). CONGRESSIONAL RECORD, Vol. 149 (2003): Oct. 15, considered and passed House. Nov. 5, considered and passed Senate, amended. Nov. 6, House concurred in Senate amendment.