§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, §7, Nov. 14, 1986, 100 Stat. 3652 ; Pub. L. 103–321, §2(d), Aug. 26, 1994, 108 Stat. 1794 .)

Amendments

1994-Subsec. (a). Pub. L. 103–321, §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, §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, §2(d)(3), struck out "and the Secretary or Administrator (as appropriate)" before "for their approval".

Subsec. (b). Pub. L. 103–321, §2(d)(4), inserted "(but not limited by)" after "guided by" in introductory provisions.