---
kind: "section"
citation: "40 U.S.C. § 8905"
title: "40"
title_heading: "Public Buildings, Property, and Works"
number: "8905"
heading: "Site and design approval"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/40/8905"
units:
  - "Subtitle II — Public Buildings and Works"
  - "Part D — Public Buildings, Grounds, and Parks in the District of Columbia"
  - "Chapter 89 — National Capital Memorials and Commemorative Works"
---

# §8905. Site and design approval

- (a) **Consultation on, and Submission of, Proposals.—** A [sponsor](/usc/40/8902.md?p=a-4) authorized by law to establish a [commemorative work](/usc/40/8902.md?p=a-1) in [the District of Columbia and its environs](/usc/40/8902.md?p=a-2) may request a permit for construction of the [commemorative work](/usc/40/8902.md?p=a-1) only after the following requirements are met:
  - (1) **Consultation.—** The [sponsor](/usc/40/8902.md?p=a-4) must consult with the [National Capital](/usc/40/8702.md?p=2) Memorial Advisory [Commission](/usc/40/15101.md?p=1) regarding the selection of alternative sites and design concepts for the [commemorative work](/usc/40/8902.md?p=a-1).
  - (2) **Submittal.—** Following consultation in accordance with clause (1), the Secretary of the Interior or the Administrator of General Services, as appropriate, must submit, on behalf of the [sponsor](/usc/40/8902.md?p=a-4), site and design proposals to the [Commission](/usc/40/15101.md?p=1) of Fine Arts and the [National Capital](/usc/40/8702.md?p=2) Planning [Commission](/usc/40/15101.md?p=1) for their approval.
- (b) **Decision Criteria.—** In considering site and design proposals, the [Commission](/usc/40/15101.md?p=1) of Fine Arts, [National Capital](/usc/40/8702.md?p=2) Planning [Commission](/usc/40/15101.md?p=1), and the Secretary or Administrator (as appropriate) shall be guided by, but not limited by, the following criteria:
  - (1) **Surroundings.—** To the maximum extent possible, a [commemorative work](/usc/40/8902.md?p=a-1) shall be located in surroundings that are relevant to the subject of the work.
  - (2) **Location.—** A [commemorative work](/usc/40/8902.md?p=a-1) shall be located so that—
    - (A) it does not interfere with, or encroach on, an existing [commemorative work](/usc/40/8902.md?p=a-1); and
    - (B) to the maximum extent practicable, it protects open space, existing public use, and cultural and natural resources.
  - (3) **Material.—** A [commemorative work](/usc/40/8902.md?p=a-1) shall be constructed of durable material suitable to the outdoor environment.
  - (4) **Landscape features.—** Landscape features of [commemorative works](/usc/40/8902.md?p=a-1) shall be compatible with the climate.
  - (5) **Museums.—** No [commemorative work](/usc/40/8902.md?p=a-1) 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)](/usc/40/8902.md).[^1]
  - (6) **Site-specific guidelines.—** The [National Capital](/usc/40/8702.md?p=2) Planning [Commission](/usc/40/15101.md?p=1) and the [Commission](/usc/40/15101.md?p=1) 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](/usc/40/8902.md?p=a-1) carries out the purposes of this chapter.
- (c) **Donor Contributions.—**
  - (1) **Acknowledgment of donor contribution.—** Except as otherwise provided in this subsection, the Secretary of the Interior or Administrator of General Services, as applicable, may permit a [sponsor](/usc/40/8902.md?p=a-4) to acknowledge donor contributions at the [commemorative work](/usc/40/8902.md?p=a-1).
  - (2) **Requirements.—** An acknowledgment under [paragraph (1)](#c-1) shall—
    - (A) be displayed—
      - (i) inside an ancillary structure associated with the [commemorative work](/usc/40/8902.md?p=a-1); or
      - (ii) as part of a manmade landscape feature at the [commemorative work](/usc/40/8902.md?p=a-1); and
    - (B) conform to applicable National Park Service or General Services Administration guidelines for donor recognition, as applicable.
  - (3) **Limitations.—** An acknowledgment under [paragraph (1)](#c-1) shall—
    - (A) be limited to an appropriate statement or credit recognizing the contribution;
    - (B) be displayed in a form in accordance with National Park Service and General Services Administration guidelines;
    - (C) be displayed for a period of up to 10 years, with the display period to be commensurate with the level of the contribution, as determined in accordance with the plan and guidelines described in [subparagraph (B)](#c-3-B);
    - (D) be freestanding; and
    - (E) not be affixed to—
      - (i) any landscape feature at the [commemorative work](/usc/40/8902.md?p=a-1); or
      - (ii) any object in a museum collection.
  - (4) **Cost.—** The [sponsor](/usc/40/8902.md?p=a-4) shall bear all expenses related to the display of donor acknowledgments under [paragraph (1)](#c-1).
  - (5) **Applicability.—** This subsection shall apply to any [commemorative work](/usc/40/8902.md?p=a-1) dedicated after January 1, 2010.

## Footnotes

[^1]: So in original. Probably should be section “8902(a)(2).”

## Source credit

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1229; Pub. L. 108–126, title II, §§ 203(e), 204, Nov. 17, 2003, 117 Stat. 1351, 1352; Pub. L. 113–291, div. B, title XXX, § 3054(c), Dec. 19, 2014, 128 Stat. 3807.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 8905(a) | 40:1007(a). | Pub. L. 99–652, § 7, Nov. 14, 1986, 100 Stat. 3652; Pub. L. 103–321, § 2(d), Aug. 26, 1994, 108 Stat. 1794. |
| 8905(b) | 40:1007(b). |  |

### Editorial Notes

### Amendments

2014—Subsec. (b)(7). Pub. L. 113–291, § 3054(c)(1), struck out par. (7). Text read as follows: “Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site.”

Subsec. (c). Pub. L. 113–291, § 3054(c)(2), added subsec. (c).

2003—Subsec. (a). Pub. L. 108–126, § 203(e)(1)(A), substituted “sponsor” for “person” wherever appearing.

Subsec. (a)(1). Pub. L. 108–126, § 203(e)(1)(B), inserted “Advisory” before “Commission” and substituted “design concepts” for “designs”.

Subsec. (b). Pub. L. 108–126, § 203(e)(2)(A), substituted “and the Secretary or Administrator (as appropriate)” for “Secretary, and Administrator” in introductory provisions.

Subsec. (b)(2)(B). Pub. L. 108–126, § 203(e)(2)(B), substituted “open space, existing public use, and cultural and natural resources.” for “open space and existing public use.”

Subsec. (b)(5) to (7). Pub. L. 108–126, § 204, added pars. (5) to (7).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2003 Amendment

Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.