
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: 40USC1008]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
     CHAPTER 21--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS
 
Sec. 1008. Criteria for issuance of construction permit


(a) Issuance of construction permit

    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 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 authorized to construct the commemorative work 
    has available sufficient funds to complete construction of the 
    project.

(b) Donation for perpetual maintenance and preservation

    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.

(c) Suspension for misrepresentation in fundraising; annual report

    (1) The Secretary or the Administrator (as appropriate) may suspend 
any activity under the authority of this chapter with respect to the 
establishment of a commemorative work if the Secretary or Administrator 
determines the fundraising efforts with respect to the commemorative 
work have misrepresented an affiliation with the commemorative work or 
the United States.
    (2) The person shall be required to submit to the Secretary or 
Administrator an annual report of operations, including financial 
statements audited by an independent certified public accountant, paid 
for by the person authorized to construct the commemorative work.

(Pub. L. 99-652, Sec. 8, Nov. 14, 1986, 100 Stat. 3652; Pub. L. 103-321, 
Sec. 2(e), Aug. 26, 1994, 108 Stat. 1794.)


                               Amendments

    1994--Subsec. (a)(3). Pub. L. 103-321, Sec. 2(e)(1), substituted 
``contract documents for construction'' for ``contracts for construction 
and drawings''.
    Subsec. (c). Pub. L. 103-321, Sec. 2(e)(2), added subsec. (c).

                  Section Referred to in Other Sections

    This section is referred to in title 36 section 2113.
