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Tuesday, March 1, 2011

Commemorative Works in the District of Columbia: Background and Practice


Jacob R. Straus
Analyst on the Congress

In 1783, the Continental Congress authorized the first memorial in American history, a nevererected statue to honor George Washington that was to be constructed by the “best artist” in Europe. Since that time, Congress has authorized more than 100 commemorative works in the District of Columbia. Even with multiple authorized works, however, no specific process existed for the creation of commemorative works for almost two centuries. While Congress has long been responsible for authorizing memorials on federal land, the process for approving site locations, memorial design plans, and funding was historically haphazard. At times, Congress was involved in the entire design and building process. In other instances, that authority was delegated to executive branch officials, or federal commissions were created, or Congress directly authorized a sponsor group to establish a memorial.

In 1986, in an effort to create a statutory process for the creation, design, and construction of commemorative works in the District of Columbia, Congress debated and passed the Commemorative Works Act (CWA). The CWA codified congressional procedure for authorizing commemorative works when federal land is administered by the National Park Service or the General Services Administration. The act delegated responsibility for overseeing design, construction, and maintenance to the Secretary of the Interior or the Administrator of the General Services Administration, and several other federal entities, including the National Capital Planning Commission, the Commission of Fine Arts, and the National Capital Memorial Advisory Commission. Additionally, the CWA restricts placement of commemorative works to certain areas of the District of Columbia based on the subject’s historic importance. These areas include the Reserve (i.e., the National Mall), where no new commemorative works are permitted; Area I, where new commemorative works must be of preeminent historical and lasting significance to the United States; and Area II, which is reserved for subjects of lasting historical significance to the American people. The act further stipulates that the Secretary of the Interior or the Administrator of the General Services Administration provide recommendations to Congress on the placement of works within Area I.

Pursuant to the CWA, the National Park Service and the National Capital Planning Commission outlined a 24-step process to guide the creation of a commemorative work in the District of Columbia. The guidelines include initiation of a memorial, authorizing legislation, site selection and approval, fundraising, design approval, construction, and memorial dedication.

Once a commemorative work is authorized, Congress may continue its involvement in the process in two ways. First, because the CWA provides a seven-year authorization for all commemorative works (with an administrative extension available), Congress is sometimes asked to extend a memorial sponsor group’s authority beyond the initial period. Second, in some circumstances, Congress is asked to provide appropriations to assist sponsor group’s fundraising. In the past, appropriations for commemorative works have been in the form of both direct appropriations and matching funds.

This report does not address memorials outside the District of Columbia.



Date of Report: February 25, 2011
Number of Pages: 38
Order Number: R41658
Price: $29.95

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