[United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
[From the U.S. Government Publishing 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.