Page:United States Statutes at Large Volume 116 Part 2.djvu/448

 116 STAT. 1230 PUBLIC LAW 107-217—AUG. 21, 2002 (4) LANDSCAPE FEATURES. —Landscape features of commemorative works shall be compatible with the climate. § 8906. Criteria for issuance of construction permit (a) CRITERIA FOR ISSUING PERMIT.—Before issuing a permit for the construction of a commemorative work in the District of Columbia and its environs, the Secretary of the Interior or Administrator of General Services, as appropriate, shall determine that— (1) the site and design have been approved by the Secretsiry or Administrator, the National Capital Planning Commission and the Commission of Fine Arts; (2) knowledgeable individuals qualified in the field of preservation and maintenance have been consulted to determine structural soundness and durability of the commemorative work and to ensure that the commemorative work meets high professional standards; (3) the person authorized to construct the commemorative work has submitted contract documents for construction of the commemorative work to the Secretary or Administrator; and (4) the person authorized to construct the commemorative work has available sufficient amounts to complete construction of the project. (b) DONATION FOR PERPETUAL MAINTENANCE AND PRESERVA- TION.— (1) AMOUNT. —In addition to the criteria described in subsection (a), a construction permit may not be issued unless the person authorized to construct the commemorative work has donated an amount equal to 10 percent of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation of the commemorative work. The amounts shall be credited to a separate account in the Treasury. (2) AVAILABILITY. —The Secretary of the Treasury shall make any part of the donated amount available to the Secretary of the Interior or Administrator for maintenance at the request of the Secretary of the Interior or Administrator. The Secretary of the Interior or Administrator shall not request more from the separate account than the total amount deposited by persons establishing commemorative works in areas the Secretary of the Interior or Administrator administers. (3) INVENTORY OF AVAILABLE AMOUNTS.—The Secretary of the Interior and Administrator shall maintain an inventory of amounts available under this subsection. The amounts are not subject to annual appropriations. (4) NONAPPLICABILITY. —T his subsection does not apply when a department or agency of the Federal Government constructs the work and less than 50 percent of the funding for the work is provided by private sources. (c) SUSPENSION FOR MISREPRESENTATION IN FUNDRAISING. —The Secretary of the Interior or Administrator may suspend any activity under this chapter that relates to the establishment of a commemorative work if the Secretary or Administrator determines that fundraising efforts relating to the work have misrepresented an affiliation with the work or the Federal Government.

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