
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC1007]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
     CHAPTER 21--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS
 
Sec. 1007. Site and design approval

    (a) Any person 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 shall consult with the National Capital Memorial 
    Commission regarding the selection of alternative sites and designs 
    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, 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 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
        (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.

(Pub. L. 99-652, Sec. 7, Nov. 14, 1986, 100 Stat. 3652; Pub. L. 103-321, 
Sec. 2(d), Aug. 26, 1994, 108 Stat. 1794.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-321, Sec. 2(d)(1), substituted 
``requesting the permit for the construction of the commemorative work'' 
for ``commencing construction of the commemorative work'' in 
introductory provisions.
    Subsec. (a)(1). Pub. L. 103-321, Sec. 2(d)(2), inserted ``the 
selection of alternative sites and designs for'' after ``regarding'' and 
struck out at end ``Such consultation shall include consideration of 
potential sites in the District of Columbia and its environs.''
    Subsec. (a)(2). Pub. L. 103-321, Sec. 2(d)(3), struck out ``and the 
Secretary or Administrator (as appropriate)'' before ``for their 
approval''.
    Subsec. (b). Pub. L. 103-321, Sec. 2(d)(4), inserted ``(but not 
limited by)'' after ``guided by'' in introductory provisions.
