[Senate Report 107-177]
[From the U.S. Government Publishing Office]
Calendar No. 444
107th Congress Report
SENATE
2d Session 107-177
======================================================================
VIETNAM VETERANS MEMORIAL EDUCATION ACT
_______
June 25, 2002.--Ordered to be printed
_______
Mr. Bingman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 281]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 281) to authorize the design and
construction of a temporary education center at the Vietnam
Veterans Memorial, having considered the same, reports
favorably thereon with an amendment and an amendment to the
title and recommends that the bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
TITLE I--VIETNAM VETERANS MEMORIAL EDUCATION CENTER
SECTION 101. EDUCATION CENTER.
Public Law 96-297, as amended, (16 U.S.C. 431 note) is further
amended by adding at the end thereof the following:
``SEC. 6. EDUCATION CENTER.
``(a) Authorization.--(1) The Vietnam Veterans Memorial Fund, Inc.,
is authorized to construct an education center at or near the Vietnam
Veterans Memorial site, subject to the provisions of this section, in
order to better inform and educate the public about the Vietnam
Veterans Memorial.
``(2) The education center may be located above ground or
underground, as determined through the approval process set forth under
the Commemorative Works Act and this Act.
``(3) As used in this section, the term ``education center'' or
``center'' means a building or other structure approved in accordance
with the Commemorative Works Act (40 U.S.C. 1001 et seq.) and this
section.
``(b) Commemorative Works Act Applies.--(1) The Commemorative Works
Act (40 U.S.C. 1001 et seq.) shall apply to the education center, and
the center shall be considered a commemorative work for the purposes of
that Act, except that--
``(A) final approval of the education center shall not be
withheld;
``(B) the provisions of section 6(a) of that Act (40 U.S.C.
1006(a)) requiring approval by law for the location of a
commemorative work within Area I, shall not apply.
``(2) Notwithstanding section 6(c) of the Commemorative Works Act
(as added by the Commemorative Works Clarification and Revision Act of
2002), the designation of the Reserve shall not preclude the approval
of a site for the education center within such area.
``(3) Section 7(b)(4) of the Commemorative Works Act (as added by
the Commemorative Works Clarification and Revision Act of 2002),
prohibiting the authorization of a commemorative work primarily
designed as a museum on lands under the jurisdiction of the Secretary
of the Interior within Area I or East Potomac Park, shall not be
construed to deny approval of the education center.
``(4) The size of the education center shall be limited to the
minimum necessary--
``(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
sightliness on the Mall.
``(5) The education 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) The education center shall be
operated and maintained by the Secretary of the Interior.
``(2) This subsection does not waive section 8(b) of the
Commemorative Works Act (as amended by the Commemorative Works
Clarification and Revision Act of 2002) (40 U.S.C. 1008(b)) (requiring
the donation of funds to offset the costs of perpetual maintenance and
preservation of the commemorative work).
``(d) Funding.--All funds required for the planning, design and
construction of the education center shall be provided by the Vietnam
Veterans Memorial Fund, Inc. No Federal funds shall be used for the
planning, design, or construction of the center.
``(e) Limited Availability of Excess Coin Funds.--(1) Except as
provided in paragraph (2), none of the funds made available under
section 208(b) of the United States Veterans Commemorative Coin Act of
1993 (31 U.S.C. 5112 note) shall be used to carry out this section.
``(2) Funds described in paragraph (1) may be used to carry out
this section only if--
``(A) excess funds are available after the purposes of
section 208(b) of the United States Veterans Commemorative Coin
Act of 1993 (31 U.S.C. 5112 note) have been met; and
``(B) the Vietnam Veterans Memorial Fund, Inc.--
``(i) prepares a detailed written explanation of its
compliance with the requirement of section 208(b) of
that Act, including an accounting of any excess funds;
``(ii) prepares a detailed written explanation of the
purposes for which the excess funds (or any portion
thereof) would be used:
``(iii) prepares a detailed documentation of the
actual uses for which the excess funds (or any portion
thereof) was spent;
``(iv) has the explanations and documentation under
clauses (I) through (iii) certified by each member of
its Board of Directors and by its Chief Executive
Officer; and
``(v) makes available, upon request of the Secretary
of the Interior, the Comptroller General of the United
States, or any other authorized representative of a
Federal department or agency, any explanation or
certified document (including supporting documents)
described in this subparagraph.''.
TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Commemorative Works Clarification
and Revision Act of 2002''.
SEC. 202. 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;
(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 6 of the Commemorative Works Act (40 U.S.C.
1006) is amended by adding at the end the following:
``(c) After the date of enactment of the Commemorative Works
Clarification and Revision Act of 2002, no commemorative work shall be
located within the Reserve.''.
SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS.
(a) Section 1(b) of the Commemorative Works Act (40 U.S.C. 1001(b))
is amended by striking ``Columbia;'' and inserting ``Columbia and its
environs, and to encourage the location of commemorative works within
the urban fabric of the District of Columbia;''.
(b) Section 2 of the Commemorative Works Act (40 U.S.C. 1002) is
amended to read as follows:
``As used in this Act--
``(1) the term ``Secretary'' means the Secretary of the
Interior;
``(2) the term ``Administrator'' means the Administrator of
the General Services Administration;
``(3) 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;
``(4) the term ``sponsor'' means a public agency, and 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;
``(5) 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 (6);
``(6) 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 869/86501A, and dated May 1, 2002.''.
(c) Section 3 of the Commemorative Works Act (40 U.S.C. 1003) is
amended as follows:
(1) In subsection (b)--
(A) by striking ``work commemorating a lesser
conflict'' and inserting ``work solely commemorating a
limited military engagement'';
(B) by striking ``the event.'' and inserting ``such
war or conflict''.
(2) In subsection (d)--
(A) by striking ``House Administration'' and
inserting ``Resources''; and
(B) by inserting ``Advisory'' before ``Commission''.
(d) Section of the Commemorative Works Act (40 U.S.C. 1004) is
amended as follows:
(1) In subsection (a) by striking ``The National Capital
Memorial Advisory Committee as established by the Secretary is
redesignated as the National Capital Memorial Commission. The
membership of the Commission shall be expanded to include:''
and inserting ``The National Capital Memorial Advisory
Commission is hereby established and shall include the
following members (or their designees):''.
(2) In subsection (b)--
(A) in the first sentence, by inserting ``Advisory''
before ``Commission'';
(B) by striking ``Administrator'' and inserting
``Administrator (as appropriate)''.
(e) Section 5 of the Commemorative Works Act (40 U.S.C. 1005) is
amended--
(1) by striking ``Secretary and the Administrator'' and
inserting ``Secretary or the Administrator (as appropriate)'';
and
(2) by striking ``numbered 869/8501, and dated May 1, 1986.''
and inserting ``entitled `Commemorative Areas Washington, DC
and Environs', numbered 869/8501A. and dated May 1, 2002.''.
(f) Section 7 of the Commemorative Works Act (40 U.S.C. 1007) is
amended as follows:
(1) In subsection (a)--
(A) by striking ``person'' and inserting ``sponsor''
each place it appears; and
(B) by striking ``designs'' and inserting ``design
concepts'';
(2) In subsection (b)--
(A) by striking ``and Administrator'' and inserting
``or Administrator (as appropriate)''; and
(B) in paragraph (2), by striking ``open space and
existing public use; and'' and inserting ``open space,
existing public use, and cultural and natural
resources;''
(g) Section 8 of the Commemorative Works Act (40 U.S.C. 1008) is
amended as follows:
(1) In subsection (a)(3) and (a)(4) by striking ``person''
and inserting ``sponsor'';
(2) By amending subsection (b) to read as follows:
``(b)(1) In addition to the foregoing criteria, no construction
permit shall be issued unless the sponsor 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 in 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 this subsection provided by
a sponsor for maintenance pursuant to this subsection 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 2002 shall be credited to a separate
account with the National Park Foundation.
``(4) Upon request, 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.''.
(h) Section 10(b) of the Commemorative Works Act (40 U.S.C. 1010)
is amended to read as follows:
``(b) 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 has
been granted, unless:
``(1) the Secretary or the Administrator (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 memorial 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 years from the date of
expiration. Upon expiration of the legislative authority, any previous
site and design approvals shall also expire.''
SEC. 204. SITE AND DESIGN CRITERIA.
Section 7 of the Commemorative Works Act (40 U.S.C. 1007) is
further amended as follows:
(1) in subsection (b)(3), by striking the period at the end
and inserting a semicolon; and
(2) by adding the following new paragraphs:
``(4) 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
reference in section 2(5);
``(5) 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 Act; and
``(6) Donor contributions to commemorative works shall not be
acknowledged in any manner as part of the commemorative work or
its site.''.
SEC. 205. NO EFFECT ON PREVIOUSLY APPROVED SITES.
Nothing in this title shall apply to a commemorative work for which
a site was approved in accordance with the Commemorative Works Act
prior to the date of enactment of this title.
SEC. 206. NATIONAL PARK SERVICE REPORTS.
Within six 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 the National Park Service's stable and
maintenance facilities that are within the Reserve as
expeditiously as possible;
(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; and
(4) To make other appropriate changes, if any, to protect the
character of the Reserve.
2. Amend the title so as to read: ``A bill to authorize
construction of an education center at or near the Vietnam
Veterans Memorial, and for other purposes.''.
Purpose
The purposes of S. 281, as ordered reported, are to
authorize the Vietnam Veterans Memorial Fund, Inc. to construct
an education center at the Vietnam Veterans Memorial, and to
amend the Commemorative Works Act to establish a reserve area
long the National Mall where new commemorative works would be
prohibited.
Background and Need
The Vietnam Veterans Memorial comprises approximately 3
acres in the northwest area of the Mall. Several new features
have been added to the memorial since the dedication of the
wall in 1982. The Three Servicemen Statute was added in 1984
and the Vietnam Women's Memorial was added in 1993. Congress
enacted Public Law 106-214 in 2000, which authorized the
placement of a plaque on the memorial grounds to honor Vietnam
veterans who died after the war, but as direct result of it.
S. 281 would add another new feature to the site by
authorizing the Vietnam Veterans Memorial Fund, Inc. to
construct an above-or below-ground education center at the
memorial. The education center is intended to give visitors to
the memorial, and particularly young people, an opportunity to
learn more about what they are seeing and what the memorial
means.
Legislative History
S. 281 was introduced by Senators Hagel, Carnahan, Cleland,
Kerry and McCain on February 7, 2001. The bill is presently
cosponsored by 62 Senators. The Subcommittee on National Parks
held a hearing on the bill on July 17, 2001. The Committee on
Energy and Natural Resources considered S. 281 and adopted an
amendment in the nature of a substitute to it at its business
meeting on May 15, 2002. The Committee ordered the bill, as
amended, favorably reported at its business meeting on June 5,
2002.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on June 5, 2002, by a voice vote of a
quorum present, recommended that the Senate pass S. 281, if
amended as described herein.
Committee Amendment
During its consideration of S. 281, the Committee adopted
an amendment in the nature of a substitute. The substitute
alters the language authorizing the education center in what is
now designated Title I of the bill and includes a new Title II
amending the Commemorative Works Act.
Title I makes a few changes to the authorization of the
education center. The substitute inserts language indicating
that the education center may be above or below ground, and
removes the prior description of the center as ``temporary.''
In place of the original bill's numerical limit on the square
footage of the center, the substitute would limit the center's
size to the minimum necessary to achieve specified educational,
aesthetic, and other purposes.
The substitute maintains the requirement that the
Commemorative Works Act (40 U.S.C. 1001 et seq.) shall apply to
the education center. However, the substitute adds a provision
making clear that final approval of the center shall not be
withheld, nor shall any additional approval be required to
locate the education center within Area I (the monumental core
area). In Addition, the substitute states that the Secretary of
the Interior shall operate and maintain the center. Unlike S.
281, as introduced, the substitute does not require the center
to replace the existing National Park Service kiosk located on
the memorial grounds.
As reported, S. 281 also includes a new Title II, which
amends the Commemorative Works Act in a number of respects.
Most importantly, section 202 of the substitute would establish
a reserve area along the National Mall where new commemorative
works would be prohibited, with the exception of the Vietnam
Veterans Memorial education center authorized by the bill.
Title II is almost identical to an amendment adopted by the
Committee during the 106th Congress to S. 311, which authorized
construction of a memorial honoring disabled veterans.
The substitute's designation of the Reserve responds to the
increasing congestion of the National Mall. An average of one
new memorial a year has been built within the District of
Columbia over the last century, and many of these have been
authorized for locations on the Mall--including no fewer than
seven new memorials on the Mall in the years from 1980-2000
alone. These trends foreshadow a proliferation of commemorative
works that threaten the historic open space of the Nation's
greatest symbolic landscape.
Representatives of the National Capital Memorial
Commission, the Commission of Fine Arts, and the National
Capital Planning Commission organized as a Joint Task Force on
Memorials in order to devise strategies to guide new memorial
development away from the Mall and into all quadrants of the
city. Following public comment, in January 2000 all three
commissions adopted a policy establishing a Reserve to preserve
the monumental core and redirect memorials throughout the city.
The Reserve, where no new memorials will be constructed
other than the Vietnam Veterans Memorial education center,
generally encompasses the central cross axis of the Mall. One
protected axis extends along the length of the Mall between the
U.S. Capitol and the Lincoln Memorial, and the other extends
across the Mall between the Jefferson Memorial and the White
House. S. 281 slightly broadens the task force's proposed
reserve to include all of the area between Constitution and
Independence Avenues from 14th Street west to the Lincoln
Memorial.
The substitute amendment is explained in detail in the
section-by-section analysis, below.
Section-by-Section Analysis
Title I authorizes the construction of an education center
at or near the Vietnam Veterans Memorial.
Section 101 further amends Public Law 96-297 as amended (16
U.S.C. 431 note) by adding at the end a new section 6 as
follows:
Subsection (a) authorizes the Vietnam Veterans Memorial
Fund, Inc. to construct an education center at or near the
Vietnam Veterans Memorial site. The education center may be
located above ground or underground.
Subsection (b), paragraph (1) provides that the
Commemorative Works Act (40 U.S.C. 1001 et seq.) shall apply to
the education center, except that final approval of the
education center shall not be withheld and the provisions of
section 6(a) of that Act requiring approval by law for the
location of a commemorative work within Area I shall not apply.
Paragraph (2) states that notwithstanding section 6(c) of
the Commemorative Works Act, the designation of the Reserve
shall not preclude the approval of a site for the education
center within the Reserve.
Paragraph (3) provides that section 7(b)(4) of the
Commemorative Works Act, prohibiting the authorization of a
commemorative work primarily designed as a museum on lands
under the jurisdiction of the Secretary of the Interior within
Area I or East Potomac Park, shall not be construed to deny
approval of the education center.
Paragraph (4) provides that the size of the education
center shall be limited to the minimum necessary to provide for
appropriate educational and interpretive functions, to prevent
interference or encroachment on the Vietnam Veterans Memorial,
and to protect open space and visual sightlines on the Mall.
Paragraph (5) states that the education 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.
Subsection (c) provides that the education center shall be
operated and maintained by the Secretary of the Interior,
consistent with section 8(b) of the Commemorative Works Act
(requiring the donation of funds to offset the costs of
perpetual maintenance and preservation of the commemorative
work).
Subsection (d) requires that all funds required for the
planning, design and construction of the education center shall
be provided by the Vietnam Veterans Memorial Fund, Inc., and no
Federal funds may be used for these purposes.
Subsection (e) provides that funds made available under
section 208(b) of the United States Veterans Commemorative Coin
Act of 1993 (31 U.S.C. 5112 note) can be used for the center
only if excess funds are left over after the purposes of the
Commemorative Coin Act have been achieved and other conditions
are met.
Title II amends the Commemorative Works Act to establish a
reserve area along the National Mall where new commemorative
works would be prohibited, and to make other amendments.
Section 201 designates Title II of the bill (including
sections 201 to 206) as the ``Commemorative Works Clarification
and Revision Act of 2002.''
Section 202 amends the Commemorative Works Act to establish
a reserve area along the National Mall where new commemorative
works would be prohibited.
Subsection (a) contains congressional findings.
Subsection (b) amends section 6 of the Commemorative Works
Act (40 U.S.C. 1006) to preclude the siting of additional
commemorative works within the Reserve after the date of
enactment of S. 281.
Section 203 includes clarifying and conforming amendments
to the Commemorative Works Act.
Subsection (a) amends section 1(b) of the Commemorative
Works Act (``Act'') (40 U.S.C. 1001(b)) to encourage the
location of commemorative works within the urban fabric of the
District of Columbia.''
Subsection (b) amends section 2 of the Act (40 U.S.C. 1002)
to revise the definition of key terms used in the Act.
Subsection (c) makes technical amendments to section 3 of
the Act (40 U.S.C. 1003).
Subsection (d) amends section 4 of the Act (40 U.S.C. 1004)
to redesignate the National Capital Memorial Commission as the
National Capital Memorial Advisory Commission, and to make
other technical changes.
Subsection (e) makes technical amendments to section 5 of
the Act (40 U.S.C. 1005).
Subsection (f) makes technical amendments to section 7 of
the Act (40 U.S.C. 1007).
Subsection (g) amends section 8(b) of the Act (40 U.S.C.
1008), to direct that moneyprovided by a sponsor pursuant to
this subsection after the date of enactment of S. 281 shall be credited
to a separate account with the National Park Foundation. This
subsection also makes clarifying and technical changes to other parts
of section 8 of the Act.
Subsection (h) amends section 10(b) of the Act (40 U.S.C.
1010(b)), to provide that, with certain exceptions, any
legislative authority for a commemorative work shall expire at
the end of the 7-year period beginning on the date of enactment
of such authority, or at the end of the 7-year period beginning
on the date of enactment of legislative authority to locate the
commemorative work within Area I. In addition to the existing
exception where the Secretary of the Interior or Administrator
of the General Services Administration (as appropriate) has
issued a construction permit for the commemorative work during
that period, the amendment would also provide an exception
where the Secretary or Administrator has made a determination
that final design approvals have been obtained from the
National Capital Planning Commission and the Commission of Fine
Arts, and 75 percent of the amount estimated to be required to
complete the memorial has been raised. If the two conditions
for the new exception are met, the Secretary or Administrator
may extend the commemorative work's 7-year legislative
authority for a period not to exceed 3 years.
Section 204 further amends section 7 of the Act (40 U.S.C.
1007) by adding paragraphs (4) through (6) in subsection (b).
Paragraph (4) prohibits the location of any commemorative
work primarily designed as a museum on lands under the
jurisdiction of the Secretary in Area I or in East Potomac Park
as depicted on the map referenced in section 2(5).
Paragraph (5) provides that 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 Act.
Paragraph (6) provides that donor contributions to
commemorative works shall not be acknowledged in any manner as
part of the commemorative work or its site.
Section 205 provides that nothing in this title (sections
201 through 206) shall apply to a commemorative work for which
a site was approved in accordance with the Commemorative Works
Act prior to the date of enactment of this title.
Section 206 provides that within 6 months 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 Congressional
committees of jurisdiction reports setting forth plans for the
following:
(1) To relocate the National Park Service's stable
and maintenance facilities that are within the Reserve
as expeditiously as possible;
(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; and
(4) To make other appropriate changes, if any, to
protect the character of the Reserve.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 11, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 281, a bill to
authorize construction of an education center at or near the
Vietnam Veterans Memorial, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director.)
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 281--A bill to authorize construction of an education center at or
near the Vietnam Veterans Memorial, and for other purposes
Title I of S. 281 would authorize the establishment of an
education center near the Vietnam Veterans Memorial. Title II
would amend the Commemorative Works Act, which governs the
requirements for building memorials on federal land. CBO
estimates that implementing title I would cost about $1 million
annually to operate the proposed center, assuming appropriation
of the necessary amounts. Implementing title II would have no
significant impact on the federal budget.
Enacting S. 281 would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
S. 281 would authorize a private entity, the Vietnam
Veterans Memorial Fund, Inc., to build an education center near
the Vietnam Veterans Memorial in the District of Columbia.
While no federal funds would be used to build the center, the
National Park Service (NPS) would operate it. Under section 8
of the Commemorative Works Act (as amended by title II of the
bill), this entity would donate 10 percent of the center's
construction costs to the National Park Foundation, a private
nonprofit organization. Such funds would be available to the
Vietnam Veterans Memorial Fund for maintenance of the center.
Based on information provided by NPS, CBO estimates that
the government would spend about $1 million annually to operate
the new education center once it is complete. Construction of
the center, which would not require federal funding, would take
several years.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was reviewed by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 281. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 281.
Executive Communications
On July 27, 2001, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 281. These reports
had not been received at the time this report was filed. The
testimony provided by the National Park Service at the
Subcommittee hearing follows:
Statement of John G. Parsons, Associate Regional Director, Lands,
Resources, and Planning, National Capital Region, National Park
Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 281, which would
authorize the Vietnam Veterans Memorial Fund to construct an
education center at the Vietnam Veterans Memorial on the Mall.
The Department strongly supports efforts to educate the
public about the Vietnam War and about the men and women who
bravely served our country in that war. However, we do have
concerns with S. 281, as introduced. The structure that would
be authorized by this legislation would detract from the
visitors' experience to the Vietnam Veterans Memorial and the
Lincoln Memorial, and would set an unwelcome precedent for
other memorials on the National Mall. Instead, we believe that
other more suitable alternatives to the proposed education
center should be explored. We look forward to working with the
Committee on fulfilling the goal of the legislation of
providing educational information about the Vietnam War, but
doing so in ways that would not detract from the Vietnam War,
but doing so in ways that would not detract from the Vietnam
Veterans Memorial or visually impact the monumental core in our
Nation's Capital.
S. 281 would authorize the Vietnam Veterans Memorial Fund,
Inc. to construct an education center for the purpose of
educating people about the Vietnam Veterans Memorial. It would
replace the small National Park Service information kiosk (168
square feet) currently at the site.The new structure would be a
maximum of 1,200 square feet in size. The legislation specifies
that the center would be erected for 10 years and reevaluated
by Congress at the end of that period. The Vietnam Veterans
Memorial Fund, Inc. would be responsible for paying for the
cost of designing and constructing the center.
The Vietnam Veterans Memorial generates a memorable
emotional response from virtually all who visit it. Although
not part of the original design, several elements have been
added to the memorial, including the flagpole and the Three
Servicemen statue. A separate Memorial to Women who Served in
Vietnam was constructed in 1993, and the In Memory Plaque, to
those veterans who died after the war as a direct result of
their military service in Vietnam, was authorized last year.
The Department believes that the Vietnam Veterans Memorial is
complete and should not be subject to further additions. While
we support the effort to provide the public with an opportunity
to learn more about history of the Vietnam War, we believe that
we risk diminishing the original work by adding adjunct
structures to this site.
The education center authorized by S. 281 would not simply
be another design element added to the memorial. The proposed
structure would be more than seven times the size of the
existing information kiosk and would visually intrude on and
detract from the memorial as the focal point of the visitor's
experience. In addition, this proposal would violate concepts
contained in the Master Plan for Memorials and Museums in the
Nation's Capital, which is being developed by a joint task
force of commissions, under the leadership of the National
Capital Planning Commission. That plan precludes such
facilities within Area I and has gone through a public review
and comment period, where endorsement was urged. On April 26,
2001, the National Capital Memorial Commission recommended
opposing the bill by a unanimous vote at its public meeting.
Similar facilities have been disapproved or precluded at
the Franklin Delano Roosevelt, World War II, and Martin Luther
King, Jr. Memorials by the National Park Service, the National
Capital Planning Commission and the Commission of Fine Arts
because they would intrude on those works of landscape
architecture. Each of these memorials represents a historical
figure or time period important to our Nation. However, a
determination was made that opportunities to educate the public
further about these historical people and events could be
accomplished in ways that would not detract from the memorials.
Groups who support similar facilities at these and other
memorials may be watching our action on S. 281 with great
interest. If an education center were to be authorized for the
Vietnam Veterans Memorial, similar proposals for the other war
memorials would likely follow. Proponents of the education
center express concern about visitors' lack of fundamental
understanding of the Vietnam War, but the same could be said to
be true for visitors to the Nation's Capital' memorials for the
Revolutionary War, the Civil War, the Korean War, and the
nearby District of Columbia World War I Memorial and the soon-
to-be-constructed World War II Memorial.
One alternative to placing facilities at these memorials is
to provide education about all of the wars that are part of our
Nation's history in one museum. In fact, Congress has already
begun the process of developing the kind of facility we believe
would be appropriate for telling the story of our Vietnam
veterans and the Vietnam War by establishing a Commission on
the National Military Museum as part of the Department of
Defense Authorization for Fiscal Year 2000 (P.L. 106-65). The
commission established by that law is charged with developing
preliminary proposals for a national military museum in the
National Capital Area. If the commission recommends
establishing such a facility on Navy Annex property in
Arlington, Virginia, the law further provides that the
Secretary of Defense may make 10 acres of that property
available for that purpose. Wherever the museum is located, it
presumably would be easily accessible to those who visit the
Vietnam Veterans Memorial as well as other war memorials on the
Mall. Once the military museum is established, we envision
coordinating with the Defense Department to ensure that
visitors to the military memorials in the Nation's Capital that
are managed by the National Park Service are encouraged to
visit the museum to learn more about the history of the wars.
Exploring other projects or sites also allow us to find a
location that is large enough to tell a more complete story of
the Vietnam War. S. 281 proposes a 1,200 square-foot structure
which may actually be too small for the purpose it is intended
to serve. It is questionable whether it is possible to treat
the Vietnam War with the range and depth that could be
considered minimally appropriate in a structure of this size.
It would be too small for the high volume of visitation at the
memorial, which is approximately four million annually.
The Department is firmly committed to educating the public
about the Vietnam War and its impact on the history of our
Nation. We have been involved in several types of educational
programs. For nearly ten years, the Smithsonian has displayed
an exhibit of the offerings left at the Vietnam Veterans
Memorial and collected by National Park Service rangers. Other
exhibits of offerings collected by the National Park Service
have traveled to schools, universities, museums and veterans
centers all over the world. In addition, the National Park
Service has published a book and CD-ROM on the history of the
memorial and the Vietnam War and runs a website designed to
educate children about museum collections, including those
associated with the Vietnam Veterans Memorial. The National
Park Service has been involved in a number of news programs and
television specials on the Vietnam Veterans Memorial and the
history of the Vietnam War.
The goal of S. 281 of educating the public about the
Vietnam War is an admirable one, and one which the Department
has and will continue to fully support. We strongly believe
that this important goal can be accomplished in a different
manner than prescribed by this legislation. We look forward to
working with the Committee in exploring projects or sites that
give us the best opportunity to tell the story of the Vietnam
War and the men and women who served our Nation.
Mr. Chairman, that concludes my statement. I would be
pleased to answer any questions you or other members of the
Subcommittee may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 281, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in brackets,
new matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
Public Law 96-297, 96th Congress
JOINT RESOLUTION To authorize the Vietnam Veterans Memorial Fund, Inc.,
to establish a memorial
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
Vietnam Veterans Memorial Fund, Inc., a nonprofit corporation
organized and existing under the laws of the District of
Columbia, is authorized to establish a memorial on public
grounds in West Potomac Park in the District of Columbia, in
honor and recognition of the men and women of the Armed Forces
of the United States who served in the Vietnam war.
Sec. 2. (a) * * *
* * * * * * *
SEC. 6. EDUCATION CENTER.
(a) Authorization.--(1) The Vietnam Veterans Memorial Fund,
Inc., is authorized to construct an education center at or near
the Vietnam Veterans Memorial site, subject to the provisions
of this section, in order to better inform and educate the
public about the Vietnam Veterans Memorial.
(2) The education center may be located above ground or
underground, as determined through the approval process set
forth under the Commemorative Works Act and this Act.
(3) As used in this section, the term ``education center''
or ``center'' means a buildings or other structure approved in
accordance with the Commemorative Works Act (40 U.S.C. 1001 et
seq.) and this section.
(b) Commemorative Works Act Applies.--(1) The Commemorative
Works Act (40 U.S.C. 1001 et seq.) shall apply to the education
center, and the center shall be considered a commemorative work
for the purposes of that Act, except that--
(A) final approval of the education center shall not
be withheld;
(B) the provisions of section 6(a) of that Act (40
U.S.C. 1006(a)) requiring approval by law for the
location of a commemorative work within Area I, shall
not apply.
(2) Notwithstanding section 202 of the Commemorative Works
Act (as added by the Commemorative Works Clarification and
Revision Act of 2002), the designation of the Reserve shall not
preclude the approval of a site for the education center within
such area.
(3) Section 7(b)(4) of the Commemorative Works Act (as
added by the Commemorative Works Clarification and Revision Act
of 2002), prohibiting the authorization of a commemorative work
primarily designed as a museum on lands under the jurisdiction
of the Secretary of the Interior within Area I or East Potomac
Park, shall not be construed to deny approval of the education
center.
(4) The size of the education center shall be limited to
the minimum necessary--
(A) to provide for appropriate educational and
interpretive functions; and
(B) to prevent interference to encroachment on the
Vietnam Veterans Memorial and to protect open space and
visual sightlines on the Mall.
(5) The education center shall be construed and landscape
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) The education center
shall be operated and maintained by the Secretary of the
Interior.
(2) This subsection does not waive section 8(b) of the
Commemorative Works Act (as amended by the Commemorative Works
Clarification and Revision Act of 2002) (40 U.S.C. 1008(b))
(requiring the donation of funds to offset the costs of
perpetual maintenance and preservation of the commemorative
work).
(d) Funding.--All funds required for the planning, design
and construction of the education center shall be provided by
the Vietnam Veterans Memorial Fund, Inc. No Federal funds shall
be used for the planning, design, or construction of the
center.
(e) Limited Availability of Excess Coin Funds.--Except as
provided in paragraph (2), none of the funds made available
under section 208(b) of the United States Veterans
Commemorative Coin Act of 1993 (31 U.S.C. 5112 note) shall be
used to carry out this section.
(2) Funds described in paragraph (1) may be used to carry
out this section only if--
(A) excess funds are available after the purposes of
section 208(b) of the United States Veterans
Commemorative Coin Act of 1993 (31 U.S.C. 5112 note)
have been met; and
(B) the Vietnam Veterans Memorial Fund, Inc.--
(i) prepares a detailed written explanation
of its compliance with the requirements of
section 208(b) of that Act, including an
accounting of any excess funds;
(ii) prepares a detailed written explanation
of the purposes for which the excess funds (or
any portion thereof) would be used;
(iii) prepares a detailed documentation of
the actual uses for which the excess funds (or
any portion thereof) was spent;
(iv) has the explanations and documentation
under clauses (I) through (iii) certified by
each member of its Board of Directors and by
its Chief Executive Officer; and
(v) makes available, upon request of the
Secretary of the Interior, the Comptroller
General of the United States, or any other
authorized representative of a Federal
department of agency, any explanation of
certified document (including supporting
documents) described in this subparagraph.
17. COMMEMORATIVE WORKS ACT
(Public Law 99-652; November 14, 1986; 40 U.S.C. 1001 through 1010)
COMMEMORATIVE WORKS ACT
AN ACT To provide standards for placement of commemorative works on
certain Federal lands in the District of Columbia and its environs, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
PURPOSES
Section 1.\1\ The purposes of this Act are as follows:
---------------------------------------------------------------------------
\1\ For a list of commemorative works authorized to be established
since the enactment of this Act in the District of Columbia and its
environs, see 40 U.S.C. 1003 note.
---------------------------------------------------------------------------
(a) to preserve the integrity of the comprehensive design
of the L'Enfant and McMillan plans for the Nation's Capital;
(b) to ensure the continued public use and enjoyment of
open space in the District of [Columbia;] Columbia and its
environs, and to encourage the location of commemorative works
within the urban fabric of the District of Columbia;
* * * * * * *
DEFINITIONS
Sec. 2. [As used in this Act--
[(a) the term ``Secretary'' means the Secretary of the
Interior;
[(b) the term ``Administrator'' means the Administrator of
the General Services Administration;
[(c) 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. 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;
[(d) the term ``person'' means a public agency, and 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;
[(e) notwithstanding any other provision of law, 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 Areas I and II
as depicted on the map numbered 869/86501, and dated May 1,
1986.]
As used in this Act--
(1) the term ``Secretary'' means the Secretary of the
Interior;
(2) the term ``Administrator'' means the
Administrator of the General Services Administration;
(3) 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.
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;
(4) the term ``sponsor'' means a public agency, and
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;
(5) 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 (6);
(6) 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 869/86501A, and dated May 1, 2002.
CONGRESSIONAL AUTHORIZATION OF COMMEMORATIVE WORKS IN THE DISTRICT OF
COLUMBIA AND ITS ENVIRONS
Sec. 3. (a) No commemorative works may be established on
Federal lands referred to in section 1(d) in the District of
Columbia and its environs unless specifically authorized by
law. All such authorized commemorative works shall be subject
to applicable provisions of this Act.
(b) A military commemorative work may be authorized only to
commemorate a war or similar major military conflict or to
commemorate any branch of the Armed Forces. No commemorative
[work commemorating a lesser conflict] work solely
commemorating a limited military engagement or a unit of an
Armed Force shall be authorized. Commemorative works to a war
or similar major military conflict shall not be authorized
until at least 10 years after the officially designated end of
[the event.] such war or conflict.
(c) A commemorative work commemorating an event,
individual, or a group of individuals, other than a military
commemorative work as described in subsection (b) of this
section, shall not be authorized until after the 25th
anniversary of the event, death of the individual, or death of
the last surviving member of the group.
(d) In considering legislation authorizing commemorative
works within the District of Columbia and its environs, the
Committee on [House Administration] Resources of the House of
Representatives and the Energy and Natural Resources Committee
of the Senate shall solicit the views of the National Capital
Memorial Advisory Commission.
NATIONAL CAPITAL MEMORIAL COMMISSION
Sec. 4. (a) [The National Capital Memorial Advisory
Committee as established by the Secretary is redesignated as
the National Capital Memorial Commission. The membership of the
Commission shall be expanded to include:] The National Capital
Memorial Advisory Commission is hereby established and shall
include the following members (or their designees):
Director, National Park Service (Chairman)
Architect of the Capitol
Chairman, American Battle Monuments Commission
Chairman, Commission of Fine Arts
Chairman, National Capital Planning Commission
Mayor, District of Columbia
Commissioner, Public Building Service, General
Services Administration
Secretary, Department of Defense
(b) The National Capital Memorial Advisory Commission shall
advise the Secretary and the [Administration] Administrator (as
appropriate) on policy and procedures for establishment of (and
proposals to establish) commemorative works in the District of
Columbia and its environs, as well as such other matters
concerning commemorative works in the Nation's Capital as it
may deem appropriate. The Commission shall meet at least twice
annually.
AVAILABILITY OF MAP DEPICTING AREA I AND AREA II
Sec. 5. The [Secretary and the Administrator] Secretary or
the Administrator (as appropriate) shall make available, for
public inspection at appropriate offices of the National Park
Service and the General Services Administration, the map
[numbered 869/85601, and dated May 1, 1986.] entitled
``Commemorative Areas Washington, DC and Environs'', numbered
869/8501A, and dated May 1, 2002.
SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II
Sec. 6. (a) * * *
* * * * * * *
(c) After the date of enactment of the Commemorative Works
Clarification and Revision Act of 2002, no commemorative work
shall be located within the Reserve.
SITE AND DESIGN APPROVAL
Sec. 7. (a) Any [person] sponsor authorized by law to
establish a commemorative work in the District of Columbia and
its environs shall comply with each of the following
requirements before requesting the permit for the construction
of the commemorative work:
(1) Such [person] sponsor shall consult with the
National Capital Memorial Commission regarding the
selection of alternative sites and [designs] design
concepts for the commemorative work.
(2) Following consultation in accordance with
paragraph (1), the Secretary or Administrator (as
appropriate) shall submit, on behalf of such [person],
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, the National Capital Planning
Commission and the Secretary [and Administrator] 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 commemorative work:
(2) a commemorative work shall be so located as to
prevent interference with, or encroachment upon, any
existing commemorative work and to protect, to the
maximum extent practicable, [open space and existing
public use; and] 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.
Landscape features of commemorative works shall be
compatible with the climate[.];
(4) 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 2(5);
(5) 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
Act; and
(6) Donor contributions to commemorative works shall
not be acknowledged in any manner as part of the
commemorative work or its site.
CRITERIA FOR ISSUANCE OF CONSTRUCTION PERMIT
Sec. 8. (a) Prior to issuing a permit for the construction
of a commemorative work in the District of Columbia and its
environs, the Secretary or Administrator (as appropriate) shall
determine that:
(1) the site and design have been approved by the
Secretary or Administrator (as appropriate), the
National Capital Planning Commission and the Commission
of Fine Arts;
(2) knowledgeable persons qualified in the field of
preservation and maintenance have been consulted to
determine structural soundness and durability of the
commemorative work, and to assure that the
commemorative work meets high professional standards;
(3) the [person] sponsor authorized to construct the
commemorative work has submitted contract documents for
construction of the commemorative work to the Secretary
or Administrator (as appropriate); and
(4) the [person] sponsor authorized to construct the
commemorative work has available sufficient funds to
complete construction of the project.
[(b) In addition to the foregoing criteria, no construction
permit shall be issued unless the person authorized to
construct the commemorative work has donated an amount equal to
10 per centum of the total estimated cost of construction to
offset the costs of perpetual maintenance and preservation of
the commemorative work: Provided, That 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 per centum of the funding for such
work is provided by private sources.
[(1) Notwithstanding any other provision of law, all
moneys provided by persons for maintenance pursuant to
this subsection shall be credited to a separate account
in the Treasury.
[(2) Congress authorizes and directs that the
Secretary of the Treasury shall make all or a portion
of such moneys available to the Secretary or the
Administrator at his request for maintenance of
commemorative works. Under no circumstances may the
Secretary or Administrator request funds from the
separate account exceeding the total moneys deposited
by persons establishing commemorative works in areas he
administers. The Secretary and the Administrator shall
maintain an inventory of funds available for such
purposes: Provided, That such moneys shall not be
subject to annual appropriations.]
(b)(1) In addition to the foregoing criteria, no
construction permit shall be issued unless the sponsor
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 this
subsection 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 2002
shall be credited to a separate account with the National Park
Foundation.
(4) Upon request, 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.
* * * * * * *
MISCELLANEOUS PROVISIONS
Sec. 10. (a) Complete documentation of design and
construction of each commemorative work located in the District
of Columbia and its environs shall be provided to the Secretary
or the Administrator (as appropriate) and shall be permanently
maintained in the manner provided by law.
[(b) 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, unless the
Secretary or Administrator (as appropriate) has issued a
construction permit for the commemorative work during that
period.]
(b) 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:
(1) the Secretary or the Administrator (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 memorial 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 years
from the date of expiration. Upon expiration of the legislative
authority, any previous site and design approvals shall also
expire.
* * * * * * *