Page:United States Statutes at Large Volume 100 Part 5.djvu/179

 PUBLIC LAW 99-652—NOV. 14, 1986

100 STAT. 3653

(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 struc. j_ tural 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 Contracts. work has submitted contracts for construction and drawings 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) 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 -a ^ 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. TEMPORARY SITE DESIGNATION

SEC. 9. (a) If the Secretary, in consultation with the National 40 USC 1009. Capital Memorial Commission, determines that a site where commemorative works may be displayed on a temporary basis is necessary in order to aid in the preservation of the limited amount of open space available to residents of, and visitors to, the Nation's Capital, he may designate such a site on lands administered by him in the District of Columbia. A designation may not be made under the preceding sentence unless, at least one hundred and twenty days before the designation, the Secretary, in consultation with the National Capital Memorial Commission, prepares and submits to the Congress a plan for the site. The plan shall include specifications for the location, construction, and administration of the site, and criteria for displaying commemorative works at the site. (b) Any commemorative work displayed at the site shall be installed, maintained, and removed at the sole expense and risk of the person authorized to display the commemorative works. Such

�