Text: H.R.1442 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-126 (11/17/2003)

 
[108th Congress Public Law 126]
[From the U.S. Government Printing Office]


[DOCID: f:publ126.108]

[[Page 1347]]

         VIETNAM VETERANS MEMORIAL VISITOR CENTER AUTHORIZATION

[[Page 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 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 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 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 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 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.

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