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handle is hein.crs/goveepe0001 and id is 1 raw text is: Congressional Research Service
Inforring the legislativ'e debate since 1914

September 30, 2021
Commemorative Works Act: Siting Memorials in the District of
Columbia

In 1986, Congress enacted the Commemorative Works Act
(CWA) to guide the authorization, design, and placement of
memorials in Washington, DC, on property administered by
the National Park Service (NPS) or the General Services
Administration (GSA). As amended, the CWA (40 U.S.C.
§§8901-8909) requires congressional authorization for a
memorial on federal land in the District of Columbia and its
environs, but also recognizes that past congressional
involvement in approving construction, sites, and
architectural decisions had become cumbersome, as each
step had generally required congressional approval.
The CWA established processes for memorial
authorization. In the law, Congress authorizes the memorial
to be built by a designated sponsor group. The law
delegates decisions on design, siting (except for Area I, see
below), construction, and maintenance to the Secretary of
the Interior or the Administrator of the GSA, as well as
several other federal planning entities, including the
National Capital Planning Commission (NCPC), the U.S.
Commission of Fine Arts (CFA), and the National Capital
Memorial Advisory Commission (NCMAC).
Memorial Areas in Washington, DC
For memorial placement, the CWA divides the District of
Columbia and its environs into three sections: the Reserve,
Area I, and Area 11 (40 U.S.C. §8908). The law specifies
the standards for memorial placement for each of the three
sections. Congressional approval is required for memorials
suggested for placement in Area I. Figure 1 shows these
areas of Washington, DC.
The Reserve
The Reserve is 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 (40 U.S.C. §8901(a)(3)).
The Reserve is considered a substantially completed work
of civic art, and within the Reserve, to preserve the
integrity of the Mall ... the siting of new commemorative
works is prohibited (P.L. 108-126 §202(a)(1)). The CWA
also prohibits the placement of museums and visitor centers
in the Reserve.
Area I
Area I is for commemorative works of preeminent
historical and lasting significance to the United States.
Pursuant to 40 U.S.C. §8908, the Secretary of the Interior or
the Administrator of General Services, after seeking the
advice of the NCMAC, can recommend that a memorial be
placed in Area I. If that recommendation occurs, Congress
may choose whether to enact legislation to authorize

placement in Area I. For more details, see Siting
Memorials in DC, below.
Area II
Area II is for subjects of lasting historical significance to
the American people. Area II encompasses all sections of
the District of Columbia and its environs not part of the
Reserve or Area I.
Figure 1. Commemorative Areas of Washington, DC,
and its Environs

Source: National Park Service Map 869-86501 B (June 24, 2003).
Siting Memorials in DC
The CWA created a two-step approach for site selection.
First, following congressional authorization of a
commemorative work, the statutorily designated sponsor

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