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                                                       Calendar No. 206
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-98

======================================================================



 
             VIETNAM VETERANS MEMORIAL EDUCATION CENTER ACT

                                _______
                                

                 July 11, 2003.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1076]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1076) to authorize construction of an 
education center at or near the Vietnam Veterans Memorial, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

          TITLE I--VIETNAM VETERANS MEMORIAL EDUCATION CENTER

SECTION 101. EDUCATION CENTER.

    Public Law 96-297, as amended, (16 U.S.C. 431 note) is further 
amended by adding at the end thereof the following:

``SEC. 6. EDUCATION CENTER.

    ``(a) Authorization.--(1) The Vietnam Veterans Memorial Fund, Inc., 
is authorized to construct an education center at or near the Vietnam 
Veterans Memorial site, subject to the provisions of this section, in 
order to better inform and educate the public about the Vietnam 
Veterans Memorial.
    ``(2) The education center may be located above ground or 
underground, as determined through the approval process set forth under 
the Commemorative Works Act and this Act.
    ``(3) As used in this section, the term ``education center'' or 
``center'' means a building or other structure approved in accordance 
with chapter 89 of title 40, United States Code (commonly referred to 
as the ``Commemorative Works Act'') and this section.
    ``(b) Application of Commemorative Works Act.--(1) The 
Commemorative Works Act (chapter 89 of title 40, United States Code) 
shall apply to the education center, and the center shall be considered 
a commemorative work for the purposes of that Act, except that--
          ``(A) final approval of the education center shall not be 
        withheld; and
          ``(B) the provisions of section 8908(b) of title 40, United 
        States Code, requiring approval by law for the location of a 
        commemorative work within Area I, shall not apply.
    ``(2) Notwithstanding section 8908(c) of title 40, United States 
Code (as added by the Commemorative Works Clarification and Revision 
Act of 2003), the designation of the Reserve shall not preclude the 
approval of a site for the education center within such area.
    ``(3) Section 8905(b)(5) of title 40, United States Code (as added 
by the Commemorative Works Clarification and Revision Act of 2003), 
prohibiting the authorization of a commemorative work primarily 
designed as a museum on lands under the jurisdiction of the Secretary 
of the Interior within Area I or East Potomac Park, shall not be 
construed to deny approval of the education center.
    ``(4) The size of the education center shall be limited to the 
minimum necessary--
          (A) to provide for appropriate educational and interpretive 
        functions; and
          (B) to prevent interference or encroachment on the Vietnam 
        Veterans Memorial and to protect open space and visual 
        sightlines on the Mall.
    ``(5) The education center shall be constructed and landscaped in a 
manner harmonious with the site of the Vietnam Veterans Memorial, 
consistent with the special nature and sanctity of the Mall.
    ``(c) Operation and Maintenance.--(1) The education center shall be 
operated and maintained by the Secretary of the Interior.
    ``(2) This subsection does not waive section 8906(b) of title 40, 
United States Code (as amended by the Commemorative Works Clarification 
and Revision Act of 2003), requiring the donation of funds to offset 
the costs of perpetual maintenance and preservation of the 
commemorative work.
    ``(d) Funding.--All funds required for the planning, design and 
construction of the education center shall be provided by the Vietnam 
Veterans Memorial Fund, Inc. No Federal funds shall be used for the 
planning, design, or construction of the center.''.

              TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Commemorative Works Clarification 
and Revision Act of 2003''.

SEC. 202. ESTABLISHMENT OF RESERVE.

    Section 8908 of title 40, United States Code, is amended by adding 
at the end the following:
    ``(c) Reserve.--After the date of enactment of the Commemorative 
Works Clarification and Revision Act of 2003, no commemorative work 
shall be located within the Reserve.''.

SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS.

    (a) Purposes.--Section 8901(2) of title 40, United States Code, is 
amended by striking ``Columbia;'' and inserting ``Columbia and its 
environs. and to encourage the location of commemorative works within 
the urban fabric of the District of Columbia;''.
    (b) Definitions.--Section 8902(a) of title 40, United States Code, 
is amended to read as follows:
    ``(a) Definitions.--In this chapter, the following definitions 
apply--
          ``(1) the term ``commemorative work'' means any statue, 
        monument, sculpture, memorial, plaque, inscription, or other 
        structure or landscape feature, including a garden or memorial 
        grove, designed to perpetuate in a permanent manner the memory 
        of an individual, group, event or other significant element of 
        American history, except that the term does not include any 
        such item which is located within the interior of a structure 
        or a structure which is primarily used for other purposes;
          ``(2) the term ``sponsor'' means a public agency, and an 
        individual, group or organization that is described in section 
        501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
        tax under section 501(a) of such Code, and which is authorized 
        by Congress to establish a commemorative work in the District 
        of Columbia and its environs;
          ``(3) the term ``Reserve'' means 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, as depicted on the map referenced in paragraph (4); 
        and
          ``(4) the term ``the District of Columbia and its environs'' 
        means those lands and properties administered by the National 
        Park Service and the General Services Administration located in 
        the Reserve, Area I, and Area II as depicted on the map 
        entitled ``Commemorative Areas Washington, DC and Environs'', 
        numbered 869/86501 B, and dated June 24, 2003''.
    (c) Authorization.--Section 8903 of title 40, United States Code, 
is amended as follows:
          (1) In subsection (b)--
                  (A) by striking ``work commemorating a lesser 
                conflict'' and inserting ``work solely commemorating a 
                limited military engagement''; and
                  (B) by striking ``the event.'' and inserting ``such 
                war or conflict.''.
          (2) In subsection (d)--
                  (A) by striking ``Consultation With National Capital 
                Memorial Commission.--'' and inserting ``Consultation 
                With National Capital Memorial Advisory Commission.--
                '';
                  (B) by striking ``House Administration'' and 
                inserting ``Resources''; and
                  (C) by inserting ``Advisory'' before ``Commission''.
          (3) Subsection (e) is amended to read as follows:
    ``(e) Expiration of Legislative Authority.--Any legislative 
authority for a commemorative work shall expire at the end of the 
seven-year period beginning on the date of the enactment of such 
authority, or at the end of the seven-year period beginning on the date 
of the enactment of legislative authority to locate the commemorative 
work within Area I, if such additional authority has been granted, 
unless:
          ``(1) the Secretary of the Interior or the Administrator of 
        General Services (as appropriate) has issued a construction 
        permit for the commemorative work during that period; or
          ``(2) the Secretary or the Administrator (as appropriate), in 
        consultation with the National Capital Memorial Advisory 
        Commission, has made a determination that--
                  ``(A) final design approvals have been obtained from 
                the National Capital Planning Commission and the 
                Commission of Fine Arts; and
                  ``(B) 75 percent of the amount estimated to be 
                required to complete the memorial has been raised.
        ``If these two conditions have been met, the Secretary or the 
        Administrator (as appropriate) may extend the seven-year 
        legislative authority for a period not to exceed three years 
        from the date of expiration. Upon expiration of the legislative 
        authority, any previous site and design approvals shall also 
        expire.''
    (d) National Capital Memorial Advisory Commission.--Section 8904 of 
title 40, United States Code, is amended as follows:
          (1) By striking ``Sec. 8904. National Capital Memorial 
        Commission'' and inserting ``Sec. 8904. National Capital 
        Memorial Advisory Commission''.
          (2) In subsection (a) by striking ``There is a National 
        Capital Memorial Commission. The membership of the Commission 
        consists of--'' and inserting ``The National Capital Memorial 
        Advisory Commission is hereby established and shall include the 
        following members (or their designees):''.
          (3) In subsection (c)--
                  (A) by inserting ``Advisory'' before ``Commission''; 
                and
                  (B) by striking ``Services'' and inserting ``Services 
                (as appropriate)''.
          (4) In subsection (d) by inserting ``Advisory'' before 
        ``Commission''.
    (e) Site and Design Approval.--Section 8905 of title 40, United 
States Code, is amended as follows:
          (1) In subsection (a)--
                  (A) by striking ``person'' and inserting ``sponsor'' 
                each place it appears;
                  (B) by inserting ``Advisory'' before ``Commission'' 
                in paragraph (1); and
                  (C) by striking ``designs'' and inserting ``design 
                concepts''.
          (2) In subseciton (b)--
                  (A) by striking ``and Administrator'' and inserting 
                ``or Administrator (as appropriate)''; and
                  (B) in paragraph (2)(B), by striking ``open space and 
                existing public use.'' and inserting ``open space, 
                existing public use, and cultural and natural 
                resources.''.
    (f) Criteria for Issuance of Construction Permit.--Section 8906 of 
title 40, United States Code, is amended as follows:
          (1) In subsection (a)(3) and (a)(4) by striking ``person'' 
        and inserting ``sponsor;'' and
          (2) By amending subsection (b) to read as follows:
    ``(b) Donation for Perpetual Maintenance and Preservation.--
          ``(1) In addition to the criteria described above in 
        subsection (a), no construction permit shall be issued unless 
        the sponsor 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. All 
        such amounts shall be available for those purposes pursuant to 
        the provisions of this subsection. 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 percent of the funding for such 
        work is provided by private sources.
          ``(2) Notwithstanding any other provision of law, money on 
        deposit in the Treasury on the date of enactment of this 
        subsection provided by a sponsor for maintenance pursuant to 
        this subsection shall be credited to a separate account in the 
        Treasury.
          ``(3) Money provided by a sponsor pursuant to the provisions 
        of this subsection after the date of enactment of the 
        Commemorative Works Clarification and Revision Act of 2003 
        shall be credited to a separate account with the National Park 
        Foundation.
          ``(4) Upon request, the Secretary of the Treasury or the 
        National Park Foundation shall make all or a portion of such 
        moneys available to the Secretary or the Administrator (as 
        appropriate) for the maintenance of a commemorative work. Under 
        no circumstances may the Secretary or Administrator request 
        funds from a separate account exceeding the total money in the 
        account established under paragraph (2) or (3). The Secretary 
        and the Administrator shall maintain an inventory of funds 
        available for such purposes. Funds provided under this 
        paragraph shall be available without further appropriation and 
        shall remain available until expended.''.
    (g) Areas I and II.--Section 8908 of title 40, United States Code, 
is amended--
      (1) by striking ``Secretary of the Interior and Administrator of 
General Services'' and inserting ``Secretary of the Interior or the 
Administrator of General Services (as appropriate)''; and
      (2) by striking ``numbered 869/86581, and dated May 1, 1986.'' 
and inserting ``entitled `Commemorative Areas Washington, DC and 
Environs', numbered 869/86501 B, and dated June 24, 2003.

SEC. 204. SITE AND DESIGN CRITERIA.

    Section 8905 of title 40, United States Code, is further amended by 
adding the following new paragraphs to subsection (b):
          ``(5) Museums.--No commemorative work primarily designed as a 
        museum may be located on lands under the jurisdiction of the 
        Secretary in Area I or in East Potomac Park as depicted on the 
        map referenced in section 8902(4);
          ``(6) Site specific guidelines.--The National Capital 
        Planning Commission and the Commission of Fine Arts may develop 
        such criteria or guidelines specific to each site that are 
        mutually agreed upon to ensure that the design of the 
        commemorative work carriers out the purposes of this Act; and
          ``(7) Donor contributions.--Donor contributions to 
        commemorative works shall not be acknowledged in any manner as 
        part of the commemorative work or its site.''.

SEC. 205. NO EFFECT ON PREVIOUSLY APPROVED SITES.

    Nothing in this title shall apply to a commemorative work for which 
a site was approved in accordance with the Commemorative Works Act to 
the date of enactment of this title.

SEC. 206. NATIONAL PARK SERVICE REPORTS.

    Within six months after the date of enactment of this title, the 
Secretary of the Interior, in consultation with the National Capital 
Planning Commission and the Commission of Fine Arts, shall submit to 
the Committee on Energy and Natural Resources of the United States 
Senate, and to the Committee on Resources of the United States House of 
Representatives reports setting forth plans for the following:
          (1) To relocate the National Park Service's stable and 
        maintenance facilities that are within the Reserve as 
        expeditiously as possible.
          (2) To relocate, redesign or otherwise alter the concession 
        facilities that are within the Reserve to the extent necessary 
        to make them compatible with the Reserve's character.
          (3) To limit the sale or distribution of permitted 
        merchandise to those areas where such activities are less 
        intrusive upon the Reserve and to relocate and existing sale or 
        distribution structures that would otherwise be inconsistent 
        with the plan.
          (4) To make other appropriate changes, if any, to protect the 
        character of the Reserve.

                         Purpose of the Measure

    The purposes of S. 1076, as ordered reported, are to 
authorize the Vietnam Veterans Memorial Fund, Inc., to 
construct an education center at or near the Vietnam Veterans 
Memorial, and to amend chapter 89 of title 40, United States 
Code (commonly referred to as the ``Commemorative Works Act'') 
to establish the Reserve on the National Mall, where the siting 
of new commemorative works would be prohibited.

                          Background and Need

    The Vietnam Veterans Memorial comprises approximately 3 
acres in the northwest area of the Mall. Several new features 
have been added to the memorial since its dedication in 1982. 
The Three Servicemen Statue was added in 1984 and the Vietnam 
Women's Memorial was added in 1993. In addition, Congress 
enacted Public Law 106-214 in 2000, which authorized the 
placement of a plaque on the memorial grounds to honor Vietnam 
veterans who died after the war, but as direct result of it.
    S. 1076 would add a new feature to the site by authorizing 
the Vietnam Veterans Memorial Fund, Inc. to construct an 
education center at the memorial. The education center is 
intended to give visitors to the memorial an opportunity to 
learn more about the memorial and the Vietnam War.

                          Legislative History

    S. 1076 was introduced by Senators Hagel, McCain, and Kerry 
on May 19, 2003. The Subcommittee on National Parks held a 
hearing on S. 1076 on June 3, 2003. Companion legislation, H.R. 
1442, was introduced by Representative Pombo on March 26, 2003. 
In the 107th Congress, a similar bill, S. 281, was introduced 
by Senator Hagel, and others on February 7, 2001. The 
Subcommittee on National Parks held a hearing on the bill on 
July 17, 2001. The Committee favorably reported S. 281 with an 
amendment in the nature of a substitute on June 25, 2002.
    At the business meeting on June 25, 2003, the Committee on 
Energy and Natural Resources ordered S. 1076, as amended, 
favorably reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on June 25, 2003, by unanimous vote of a 
quorum present, recommends that the Senate pass S. 1076, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 1076, the Committee adopted 
an amendment in the nature of a substitute, consisting of two 
titles.
    Title I, pertaining to the education center, is similar to 
S. 1076 as introduced, and retains all of the language reported 
by the Committee for S. 281 in the 107th Congress, with the 
exception of language authorizing the use of commemorative coin 
sale revenues for the education center.
    As reported, S. 1076 also includes a new title II, which 
amends the Commemorative Works Act in a number of respects. 
Most importantly, section 202 of the substitute would establish 
a reserve area along the National Mall where new commemorative 
works would be prohibited, with the exception of the Vietnam 
Veterans Memorial Education Center authorized by the bill. 
Title II is almost identical to an amendment adopted by the 
Committee during the 107th Congress to S. 281.
    The substitute's designation of the Reserve responds to the 
increasing congestion of the National Mall. An average of one 
new memorial a year has been built within the District of 
Columbia over the last century, and many of these have been 
authorized for locations on the Mall--including no fewer than 
seven new memorials on the Mall in the years from 1980-2000 
alone. These trends foreshadow a proliferation of commemorative 
works that threaten the historic open space of the Nation's 
greatest symbolic landscape.
    Representatives of the National Capital Memorial Commission 
of Fine Arts, and the National Capital Planning Commission 
organized as a Joint Task Force on Memorials in order to devise 
strategies to guide new memorial development away from the Mall 
and into all quadrants of the city. Following public comment, 
in January 2000 all three commissions adopted a policy 
establishing a Reserve to preserve the monumental core and 
redirect memorials throughout the city.
    The Reserve, an area where no new memorials will be 
constructed other than the Vietnam Veterans Memorial Education 
Center and the previously authorized World War II and Martin 
Luther King Jr. Memorials, generally encompasses the central 
cross axis of the Mall. One protected axis extends along the 
length of the Mall between the U.S. Capitol and the Lincoln 
Memorial, and the other extends across the Mall between the 
Jefferson Memorial and the White House. The amendment broadens 
the task force's proposed reserve to include all of the area 
between Constitution and Independence Avenues from 14th Street 
west to the Lincoln Memorial, and expends the boundary of the 
Reserve to include lands south of Independence Avenue along 
Ohio Drive to the Inlet Bridge area of the Tidal Basin.
    The substitute amendment is explained in detail in the 
section-by-section analysis, below.

                      Section-by-Section Analysis

    Title I authorizes the construction of an education center 
at or near the Vietnam Veterans Memorial.
    Section 101 further amends Public Law 96-297, as amended, 
(16 U.S.C. 431 note) by adding at the end a new section 6 as 
follows:
    Subsection (a) authorizes the Vietnam Veterans Memorial 
Fund, Inc., to construct an education center at or near the 
Vietnam Veterans Memorial site. The education center may be 
located above ground or underground, as determined through the 
approval process set forth under the Commemorative Works Act 
and this Act.
    Subsection (b)(1) provides the Commemorative Works Act (40 
U.S.C. 8901 et seq.) shall apply to the education center, 
except that final approval of the education center shall not be 
withheld and the provisions of section 8909(b) of that Act 
requiring approval by law for the location of a commemorative 
work within Area I shall not apply.
    Paragraph (2) states that notwithstanding section 8908(c) 
of the Commemorative Works Act (as added by this Act), the 
designation of the Reserve shall not preclude the approval of a 
site for the education center within the Reserve.
    Paragraph (3) provides that section 8905(b)(5) of the 
Commemorative Works Act (as added by this Act), prohibiting the 
authorization of a commemorative work primarily designed as a 
museum on lands under the jurisdiction of the Secretary of the 
Interior within Area I or East Potomac Park, shall not be 
construed to deny approval of the education center.
    Paragraph (4) provides that the size of the education 
center shall be limited to the minimum necessary to provide for 
appropriate educational and interpretive functions, to prevent 
interference or encroachment on the Vietnam Veterans Memorial, 
and to protect open space and visual sightlines on the Mall.
    Paragraph (5) states that the education center shall be 
constructed and landscaped in a manner harmonious with the site 
of the Vietnam Veterans Memorial, consistent with the special 
nature and sanctity of the mall.
    Subsection (c) provides that the education center shall be 
operated and maintained by the Secretary of the Interior, 
consistent with section 8906(b) of the Commemorative Works Act 
(as amended by this Act) (requiring the donation of funds to 
offset the costs of perpetual maintenance and preservation of 
the commemorative work).
    Subsection (d) requires that all funds required for the 
planning, design and construction of the education center shall 
be provided by the Vietnam Veterans Memorial Fund, Inc., and no 
Federal funds may be used for these purposes.
    Title II amends the Commemorative Works Act to establish a 
reserve area along the National Mall where new commemorative 
works would be prohibited, and to make other amendments.
    Section 201 designated title II of the bill as the 
``Commemorative Works Clarification and Revision Act of 2003''.
    Section 202 amends the section 8908 of title 40, United 
States Code, to establish a reserve area along the National 
Mall where new commemorative works would be prohibited after 
the date of enactment of this title.
    Section 203 includes clarifying and conforming amendments 
to the Commemorative Works Act.
    Subsection (a) amends section 8901(2) of title 40, United 
States Code, to encourage the location of commemorative works 
within the urban fabric of the District of Columbia.
    Subsection (b) amends section 8902(a) of title 40, United 
States Code, to revise the definition of key terms used in the 
Commemorative Works Act (the Act).
    Subsection (c) makes several amendments to sections 8903(b) 
and (d) of title 40, United States Code. Subsection (e) 
provides that, with certain exceptions, any legislative 
authority for a commemorative work shall expire at the end of 
the 7-year period beginning on the date of enactment of such 
authority, or at the end of the 7-year period beginning on the 
date of enactment of legislative authority to locate the 
commemorative work within Area I. In addition to the existing 
exception where the Secretary of the Interior or Administrator 
of the General Services Administration (as appropriate) has 
issued a construction permit for the commemorative work during 
that period, the amendment would also provide an exception 
where the Secretary or Administrator has made a determination 
that final design approvals have been obtained from the 
National Capital Planning Commission and the Commission of Fine 
Arts, and 75 percent of the amount estimated to be required to 
complete the memorial has been raised. If the two conditions 
for the new exception are met, the Secretary or Administrator 
may extend the commemorative work's 7-year legislative 
authority for a period not to exceed 3 years.
    Subsection (d) amends section 8904 of title 40, United 
States Code, to redesignate the National Capital Memorial 
Commission as the National Capital Memorial Advisory 
Commission, and to make other technical and conforming changes.
    Subsection (e) makes technical amendments to section 8905 
of title 40, United States Code.
    Subsection (f) amends section 8906 of title 40, United 
States Code, to direct that money provided by a sponsor 
pursuant to this subsection after the date of enactment of S. 
1076 shall be credited to a separate account with the National 
Park Foundation. This subsection also makes clarifying and 
technical changes to other parts of section 8906 of the Act.
    Subsection (g) makes technical amendments to section 8908 
of title 40, United States Code. The amendment also references 
a new map, depicting Area I and II, and the Reserve.
    Section 204 further amends section 8905 of title 40, United 
States Code, by adding paragraphs (5) through (7) in subsection 
(b).
    Paragraph (5) prohibits the location of any commemorative 
work primarily designed as a museum on lands under the 
jurisdiction of the Secretary of the Interior in Area I or in 
East Potomac Park as depicted on the map referenced in section 
8902(4).
    Paragraph (6) provides that the National Capital Planning 
Commission and the Commission of Fine Arts may develop such 
criteria or guidelines specific to each site that are mutually 
agreed upon to ensure that the design of the commemorative work 
carriers out the purposes of this Act.
    Paragraph (6) provides that donor contributions to 
commemorative works shall not be acknowledged in any manner as 
part of the commemorative work or its site.
    Section 205 provides that nothing in this title shall apply 
to a commemorative work for which a site was approved in 
accordance with the Commemorative Works Act prior to the date 
of enactment of this title.
    Section 206 provides that within 6 months after the date of 
enactment of this title, the Secretary of the Interior, in 
consultation with the National Capital Planning Commission and 
the Commission of Fine Act, shall submit to the Congressional 
committees of jurisdiction reports setting forth plans for the 
following:
          (1) To relocate the National Park Service's stable 
        and maintenance facilities that are within the Reserve 
        as expeditiously as possible;
          (2) To relocate, redesign, or otherwise after the 
        concession facilities that are within the Reserve to 
        the extent necessary to make them compatible with the 
        Reserve's character;
          (3) To limit the sale or distribution of permitted 
        merchandise to those areas where such activities are 
        less intrusive upon the Reserve, and to relocate any 
        existing sale or distribution structures that would 
        otherwise be inconsistent with the plan; and
          (4) To make other appropriate changes, if any, to 
        protect the character of the Reserve.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 30, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1076, a bill to 
authorize construction of an education center at or near the 
Vietnam Veterans Memorial, and for the purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBS staff contact is Deborah 
Regis.
                        Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 1076--A bill to authorize construction of an education center at or 
        near the Vietnam Veterans Memorial

    Title I of S. 1076 would authorize the establishment of an 
education center near the Vietnam Veterans Memorial. Title II 
would amend the Commemorative Works Act, which governs the 
requirements for building memorials on federal land. Assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing title I would cost about $1 million annually. The 
changes made by title II would have no significant impact on 
the federal budget. Enacting S. 1076 would not affect direct 
spending or revenues.
    S. 1076 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The legislation would authorize a private sponsor, the 
Vietnam Veterans Memorial Fund, Inc., to build an education 
center near the Vietnam Veterans Memorial in the District of 
Columbia. While no federal funds would be used to build the 
center, the National Park Service would operate it at federal 
expense. Under section 8 of the Commemorative Works Act (as 
amended by title II of the bill), the sponsor would donate 10 
percent of the center's construction costs to the National Park 
Foundation (NPF), a private nonprofit organization. Such funds 
would be available to the Vietnam Veterans Memorial Fund for 
maintenance of the center.
    Based on the costs of operating similar interpretive 
facilities in the National Park System, CBO estimates that the 
government would spend about $1 million annually to operate the 
new education center once it has been constructed. (This amount 
excludes maintenance costs, which would be covered by the NPF 
maintenance account.)
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was reviewed by Paul R. Cullinan, Chief for Human 
Resources Cost Estimates Unit of the Budget Analysis Division.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1076. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1076, as ordered reported.

                        Executive Communications

    On June 25, 2003, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1076. These 
reports had not been received at the time the report on S. 1076 
was filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the 
National Park Service at the Subcommittee hearing follows:

   Statement of P. Daniel Smith, Special Assistant to the Director, 
           National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 1076, which would 
authorize the Vietnam Veterans Memorial Fund to construct an 
education center to provide information to the public on the 
Vietnam Veterans Memorial.
    We are deeply appreciative of the sacrifices made by the 
men and women who bravely served our country in Vietnam. We 
share the interest of the congressional sponsors of S. 1076 in 
having the American public, particularly younger generations, 
better understand and appreciate the extraordinary burden borne 
by those who fought for our country during a most difficult, 
divisive, and painful time in our nation's history.
    The veterans who served our nation in Vietnam are honored 
here in the Nation's Capital in what many view as one of the 
most emotionally moving memorials ever created. We are 
privileged to be the steward of this memorial. In that role, we 
are well aware of the deeply emotional experience visitors have 
when they see the Wall. We believe that it is vitally important 
that nothing detract from the powerful emotion that the 
memorial evokes, as it is that emotion that helps keep alive 
the public's appreciation of those who served in Vietnam. For 
this reason, as well as others, we give careful and cautious 
consideration of any proposal to add a new structure to the 
memorial.
    The Department wants to ensure that a structure on or 
adjacent to the Vietnam Veterans Memorial, as envisioned by S. 
1076, will not detract from visitors' experience at the Vietnam 
Veterans Memorial and the nearby Lincoln Memorial. We believe 
there may be other more suitable alternatives to the proposed 
visitor center that should be explored. We would like to work 
with the committee to identify alternative ways of fulfilling 
the goal of this legislation.
    S. 1076 would authorize the Vietnam Veterans Memorial Fund 
to construct an education center to provide information to the 
public on the memorial. The bill would authorize the center to 
be located either above ground or underground, on or adjacent 
to the memorial. S. 1076 requires the visitor center to be 
located in a way that prevents interference with or 
encroachment on the memorial and protects open space and visual 
sightliness on the National Mall, and constructed and 
landscaped in a manner that is consistent with the Memorial and 
the National Mall. We appreciate that S. 1076 seeks to be 
sensitive to siting and design concerns that have been raised 
since similar legislation was first introduced three years ago.
    As you know, several elements have already been added to 
the original black granite wall that were not part of the 
original design. They include the flagpole and the Three 
Servicemen statue, the Memorial to Women who Served in Vietnam 
that was constructed in 1993, and most recently, the In Memory 
Plaque, to those veterans who died after the war as a direct 
result of their military service in Vietnam, which was 
authorized in 2000. With each addition, the Department has been 
concerned about the risk of diminishing the original work. The 
proposed addition of an education center at the site poses a 
significant new challenge, since it would not be just another 
memorial element but, instead, a relatively large structure 
adjacent to the memorial.
    A similar view is shared by the two commissions that, by 
law, review proposals for structures in the monumental core--
the National Capital Planning Commission and the Commission of 
Fine Arts--as well as the National Capital Memorial Commission, 
which advises the Secretary of the Interior and Congress on 
such proposals. Since the time legislation authorizing 
construction of a visitor or education center was first 
introduced, three design concepts have been publicized. One was 
a 1,200-square-foot above-ground facility that would be sited 
where the existing 168-square-foot information kiosk currently 
stands. All three commissions were opposed to that proposal, 
and the Department testified in opposition to it in testimony 
before the Senate Subcommittee on National Parks in July, 2001.
    The second publicized design concept was an 8,000-square-
foot underground facility, which would include a substantial 
above-ground entrance. In a February, 2002 letter to the 
President of the Vietnam Veterans Memorial Fund, the Director 
of the National Park Service indicated support for the concept 
of an underground facility, so long as it was appropriately 
sized and sited, acceptable visually, and had a minimum of 
distracting qualities to the visitor experience. The Director 
committed the National Park Service to consult with the Fund, 
as well as the National Capital Memorial Commission, the 
Commission of Find Arts, and the National Capital Planning 
Commission on the options available to enhance the 
interpretation of the memorial.
    At the time that the letter was written, we believed that 
it might be possible to design an underground facility for the 
memorial that was, in fact, appropriately sized and sited for 
the memorial. Since that time, however, the National Park 
Service has consulted with representatives of the three 
commissions. They have expressed serious concerns that, because 
of the practical need for a large above-ground entrance, it 
would be virtually impossible to design an underground facility 
in close proximity to the memorial that is not intrusive on the 
visitor experience. In a public meeting in September, 2002, 
with the National Park Service representative abstaining, the 
National Capital Memorial Commission--which includes 
representation from the other two commissions--voted 
unanimously to oppose construction of an underground visitor 
center at the Vietnam Veterans Memorial.
    The third design concept was discussed at the hearing on 
H.R. 1442, similar to S. 1076, held two weeks ago by the House 
Resources Subcommittee on National Parks, Recreation and Public 
Lands. At that hearing, the witness for the Vietnam Veterans 
Memorial Fund discussed plans for a 10,000-square-foot 
underground facility, with the entrance located at the site 
where the information kiosk stands.
    In addition, members of the three commissions are concerned 
about the precedent a facility of this type would set for other 
memorials. Structures similar to that proposed by H.R. 1442 
have been disapproved or precluded at the Franklin Delano 
Roosevelt, World War II, and Martin Luther King, Jr. Memorials 
because they would detract from the visitor experience. These 
types of structures run counter to the Memorials and Museums 
Master Plan, which was endorsed by all three commissions after 
extensive public review. If an education center is allowed to 
be constructed at the Vietnam Veterans Memorial, it will make 
it much more difficult to deny proposals for such facilities at 
other similar memorials, despite both previous denials of such 
proposals and the guidelines opposing these structures 
contained in the approved Master Plan.
    The Department is fully committed to educating the public 
about the Vietnam Veterans Memorial and the men and women who 
served our nation in Vietnam. For more than ten years, the 
Smithsonian had displayed an exhibit of the offerings left at 
the Vietnam Veterans Memorial and collected by National Park 
Service rangers. Other exhibits of offerings collected by the 
National Park Service have traveled to schools, universities, 
museums and veterans centers all over the world. In addition, 
the National Park Service has published a book and CD-ROM on 
the history of the memorial and runs a website designed to 
educate children about museum collections, including those 
associated with the Vietnam Veterans Memorial. The National 
Park Service has been involved in a number of news programs and 
television specials on the Vietnam Veterans Memorial and the 
history of our nation's involvement in Vietnam.
    In coordination with the committee, we would like to 
investigate various alternatives for fulfilling the goal of 
this legislation. Two ideas we would like to explore are (1) 
enhancing the existing visitor kiosk and interpretation at the 
memorial, and (2) studying sites near the Mall where a visitor 
or education center for the Vietnam Veterans Memorial could be 
located. We are open to other ideas, as well, that the 
committee, or the Vietnam Veterans Memorial Fund, or others may 
suggest.
    On the first idea we mentioned, we think that it might be 
possible to modify the information kiosk at the Vietnam 
Veterans Memorial to include computerized touchscreens that 
visitors could access to find information about the memorial, 
and individuals who served in Vietnam. The use of computer 
technology and touchscreens would enable a wide variety of 
periodically revolving information to be provided to visitors. 
This type of technology is already in use at the Korean War 
Veterans Memorial, and is planned for the World War II 
Memorial. Along with enhancing the visitor kiosk, the National 
Park Service would want to work with the Vietnam Veterans 
Memorial Fund to develop more extensive visitor outreach and 
interpretive programs that do not necessitate a new structure.
    On the other idea, we would undertake a study to identify 
sites near the Mall that are feasible for a visitor or 
education center specifically for the Vietnam Veterans 
Memorial. We would expect to work closely with the Vietnam 
Veterans Memorial Fund, as well as the committee in conducting 
this study.
    The goal of S. 1076 of educating the public about Vietnam 
is an admirable one, and one that the Department has fully 
supported and will continue to support. We believe that the two 
possible courses we have suggested could lead to excellent 
opportunities to educate visitors about the men and women who 
served our nation in Vietnam, and would do so while preserving 
the sanctity of the memorial so that it appropriately honors 
them. And, as I mentioned, we are open to other ideas for 
pursuing the same goal. We look forward to working closely with 
the committee to fulfill the spirit of this legislation.
    Mr. Chairman, that concludes my statement. I would be 
pleased to answer any questions that you or other members of 
the committee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1076, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is required is shown in roman):

                           Public Law 96-297


JOINT RESOLUTION To authorize the Vietnam Veterans Memorial Fund, Inc., 
to establish a memorial.

           *       *       *       *       *       *       *


SEC. 6. EDUCATION CENTER.

    (A) Authorization.--(1) The Vietnam Veterans Memorial Fund, 
Inc., is authorized to construct an education center at or near 
the Vietnam Veterans Memorial site, subject to the provisions 
of this section, in order to better inform and educate the 
public about the Vietnam Veterans Memorial.
    (2) The education center may be located above ground or 
underground, as determined through the approval process set 
forth under the Commemorative Works Act and this Act.
    (3) As used in this section, the term ``education center'' 
or ``center'' means a building or other structure approved in 
accordance with chapter 89 of title 40, United States Code 
(commonly referred to as the ``Commemorative Works Act'') and 
this section.
    (b) Application of Commemorative Works Act.--(1) The 
Commemorative Works Act (chapter 89 of title 40, United States 
Code) shall apply to the education center, and the center shall 
be considered a commemorative work for the purpose of that Act, 
except that--
          (A) final approval of the education center shall not 
        be withheld;
          (B) the provisions of section 8908(b) of title 40, 
        United States Code, requiring approval by law for the 
        location of a commemorative work within Area I, shall 
        not apply.
    (2) Notwithstanding section 8908(c) of title 40, United 
States Code (as added by the Commemorative Works Clarification 
and Revision Act of 2003), the designation of the Reserve shall 
not preclude the approval of a site for the education center 
within such area.
    (3) Section 8905(b)(5) of title 40, United States Code (as 
added by the Commemorative Works Clarification and Revision Act 
of 2003), prohibiting the authorization of a commemorative work 
primarily designed as a museum on lands under the jurisdiction 
of the Secretary of the Interior within Area I or East Potomac 
Park, shall not be construed to deny approval of the education 
center.
    (4) The size of the education center shall be limited to 
the minimum necessary--
          (A) to provide for appropriate educational and 
        interpretive functions; and
          (B) to prevent interference or encroachment on the 
        Vietnam Veterans Memorial and to protect open space and 
        visual sightlines on the Mall.
    (5) The education center shall be constructed and 
landscaped in a manner harmonious with the site of the Vietnam 
Veterans Memorial, consistent with the special nature and 
sanctity of the Mall.
    (c) Operation and Maintenance.--(1) The education center 
shall be operated and maintained by the Secretary of the 
Interior.
    (2) This subsection does not waive section 8906(b) of title 
40, United States Code (as amended by the Commemorative Works 
Clarification and Revision Act of 2003), requiring the donation 
of funds to offset the costs of perpetual maintenance and 
preservation of the commemorative work.
    (d) Funding.--All funds required for the planning, design 
and construction of the education center shall be provided by 
the Vietnam Veterans Memorial Fund, Inc. No Federal funds shall 
be used for the planning, design, or construction of the 
center.
                              ----------                              


                      Title 40, United States Code

     CHAPTER 89--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

Sec.
8901. Purposes.
8902. Definitions and nonapplication.
8903. Congressional authorization of commemorative works.
8904. National Capital Memorial Commission.
8905. Site and design approval.
8906. Criteria for issuance of construction permit.
8907. Temporary site designation.
8908. Areas I and II.
8909. Administrative.

Sec. 8901. Purposes

    The purposes of this chapter are--
          (1) to preserve the integrity of the comprehensive 
        design of the L'Enfant and McMillan plans for the 
        Nation's Capital;
          (2) to ensure the continued public use and enjoyment 
        of open space in the District of [Columbia;] Columbia 
        and its environs, and to encourage the location 
        commemorative works within the urban fabric of the 
        District of Columbia;

           *       *       *       *       *       *       *


Sec. 8902. Definitions and nonapplication

    [(a) Definitions.--In this chapter, the following 
definitions apply:
          [(1) Commemorative work.--The term ``commemorative 
        work''--
                  [(A) means any statue, monument, sculpture, 
                memorial, plaque, inscription, or other 
                structure or landscape feature, including a 
                garden or memorial grove, designed to 
                perpetuate in a permanent manner the memory of 
                an individual, group, event or other 
                significant element of American history; but
                  [(B) does not include an item described in 
                subclause (A) that is located within the 
                interior of a structure or a structure which is 
                primarily used for other purposes.
          [(2) Person.--The term ``person'' means--
                  [(A) a public agency; and
                  [(B) an individual, group or ogranization--
                          [(i) described in section 501(c)(3) 
                        of the Internal Revenue Code of 1986 
                        (26 U.S.C. 501(c)(3)) and exempt from 
                        tax under section 501(a) of the Code 
                        (26 U.S.C. 501(a)); and
                          [(ii) authorized by Congress to 
                        establish a commemorative work in the 
                        District of Columbia and its environs.
                  [(3) The district of columbia and its 
                environs.--The term ``the District of Columbia 
                and its environs'' means land and property 
                located in Areas I and II as depicted on the 
                map numbered 869/86581, and dated May 1, 1986, 
                that the National Park Service and the 
                Administrator of General Services administer.]
    (a) Definitions.--In this chapter, the following 
definitions apply
          (1) the term ``commemorative work'' means any statue, 
        monument, sculpture, memorial, plaque, inscription, or 
        other structure or landscape feature, including a 
        garden or memorial grove, designed to perpetuate in a 
        permanent manner the memory of an individual, group, 
        event or other significant element of American history, 
        except that the term does not include any such item 
        which is located within the interior of a structure or 
        a structure which is primarily used for other purposes;
          (2) the term ``sponsor'' means a public agency, and 
        an individual, group or organization that is described 
        in section 501(c)(3) of the Internal Revenue Code of 
        1986 and exempt from tax under section 501(a) of such 
        Code, and which is authorized by Congress to establish 
        a commemorative work in the District of Columbia and 
        its environs;
          (3) the term ``Reserve'' means 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, as depicted on 
        the map referenced in paragraph (4);
          (4) the term ``the District of Columbia and its 
        environs'' means those lands and properties 
        administered by the National Park Service and the 
        General Services Administration located in the Reserve, 
        Area I, and Area II as depicted on the map entitled 
        ``Commemorative Areas Washington, DC and Environs'', 
        numbered 869/86501 B, and dated June 24, 2003.

           *       *       *       *       *       *       *


Sec. 8903. Congressional authorization of commemorative works

           *       *       *       *       *       *       *


    (b) Military Commemorative Works.--A military commemorative 
work may be authorized only to commemorate a war or similar 
major military conflict or a branch of the armed forces. A 
commemorative [work commemorating a lesser conflict] work 
solely commemorating a limited military engagement or a unit of 
an armed force may not be authorized. Commemorative works to a 
war or similar major military conflict may not be authorized 
until at least 10 years after the officially designated end of 
[the event] such war or conflict.

           *       *       *       *       *       *       *

    (d) [Consultation With National Capital Memorial 
Commission.--] Consultation With National Capital Memorial 
Advisory Commission.--In considering legislation authorizing 
commemorative works in the District of Columbia and its 
environs, the Committee on [House Administration] Resources of 
the House of Representatives and the Committee on Energy and 
Natural Resources of the Senate shall solicit the views of the 
National Capital Memorial Advisory Commission.
    [(e) Expiration of Legislative Authority.--Legislative 
authority for a commemorative work expires at the end of the 
seven-year period beginning on the date the authority is 
enacted unless the Secretary of the Interior or Administrator 
of General Services, as appropriate, has issued a construction 
permit for the commemorative work during that period.]
    (e) Expiration of Legislative Authority.--Any legislative 
authority for a commemorative work shall expire at the end of 
the seven-year period beginning on the date of the enactment of 
such authority, or at the end of the seven-year period 
beginning on the date of the enactment of legislative authority 
to locate the commemorative work within Area I, if such 
additional authority has been granted, unless:
          (1) the Secretary of the Interior or the 
        Administrator of General Services (as appropriate) has 
        issued a construction permit for the commemorative work 
        during that period; or
          (2) the Secretary or the Administrator (as 
        appropriate), in consultation with the National Capital 
        Memorial Advisory Commission, has made a determination 
        that--
                  (A) final design approvals have been obtained 
                from the National Capital Planning Commission 
                and the Commission of Fine Arts; and
                  (B) 75 percent of the amount estimated to be 
                required to complete the memorial has been 
                raised.
If these two conditions have been met, the Secretary or the 
Administrator (as appropriate) may extend the seven-year 
legislative authority for a period not to exceed three years 
from the date of expiration. Upon expiration of the legislative 
authority, any previous site and design approvals shall also 
expire.

[Sec. 8904. National Capital Memorial Commission] Sec. 8904. National 
                    Capital Memorial Advisory Commission

    (a) Establishment and Composition.--[There is a National 
Capital Memorial Commission. The membership of the Commission 
consists of--] The National Capital Memorial Advisory 
Commission is hereby established and shall include the 
following members (or their designees):

           *       *       *       *       *       *       *

    (c) Advisory Role.--The National Capital Memorial Advisory 
Commission shall advise the Secretary of the Interior and the 
Administrator of General [Services] Services (as appropriate) 
on policy and procedures for establishment of, and proposals to 
establish, commemorative works in the District of Columbia and 
its environs and on other matters concerning commemorative 
works in the Nation's Capital as the Commission considers 
appropriate.
    (d) Meetings.--The National Capital Memorial Advisory 
Commission shall meet at least twice annually.

Sec. 8905. Site and design approval

    (a) Consultation on, and Submission of, Proposals.--A 
[person] sponsor authorized by law to establish a commemorative 
work in the District of Columbia and its environs may request a 
permit for construction of the commemorative work only after 
the following requirements are met:
          (1) Consultation.--The person must consult with the 
        National Capital Memorial Advisory Commission regarding 
        the selection of alternative sites and [designs] design 
        concepts for the commemorative work.
          (2) Submittal.--Following consultation in accordance 
        with clause (1), the Secretary of the Interior or the 
        Administrator of General Services, as appropriate, must 
        submit, on behalf of the person, site and design 
        proposals to the Commission of Fine Arts and the 
        National Capital Planning Commission for their 
        approval.
    (b) Decision Criteria.--In considering site and design 
proposals, the Commission of Fine Arts, National Capital 
Planning Commission, Secretary, [and Administrator] or 
Administrator (as appropriate) shall be guided by, but not 
limited by, the following criteria:
          (1) Surroundings.--To the maximum extent possible, a 
        commemorative work shall be located in surroundings 
        that are relevant to the subject of the work.
          (2) Location.--A commemorative work shall be located 
        so that--
                  (A) it does not interfere with, or encroach 
                on, an existing commemorative work; and
                  (B) to the maximum extent practicable, it 
                protects [open space and existing public use.] 
                open space, existing public use, and cultural 
                and natural resources.

           *       *       *       *       *       *       *

          (5) Museums.--No commemorative work primarily 
        designed as a museum may be located on lands under the 
        jurisdiction of the Secretary in Area I or in East 
        Potomac Park as depicted on the map referenced in 
        section 8902(4);
          (6) Site-specific guidelines.--The National Capital 
        Planning Commission and the Commission of Fine Arts may 
        develop such criteria or guidelines specific to each 
        site that are mutually agreed upon to ensure that the 
        design of the commemorative work carries out the 
        purposes of this Act; and
          (7) Donor contributions.--Donor contributions to 
        commemorative works shall not be acknowledged in any 
        manner as part of the commemorative work or its site.

Sec. 8906. Criteria for issuance of construction permit

           *       *       *       *       *       *       *


          (3) the [person] sponsor 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] sponsor authorized to construct the 
        commemorative work has available sufficient amounts to 
        complete construction of the project.
    [(b) Donation for Perpetual Maintenance and Preservation.--
          [(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.--This 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.]
    (b) Donation for Perpetual Maintenance and Preservation.--
          (1) In addition to the criteria described above in 
        subsection (a), no construction permit shall be issued 
        unless the sponsor 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. All such 
        amounts shall be available for those purposes pursuant 
        to the provisions of this subsection. 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 
        percent of the funding for such work is provided by 
        private sources.
          (2) Notwithstanding any other provision of law, money 
        on deposit in the Treasury on the date of enactment of 
        this subsection provided by a sponsor for maintenance 
        pursuant to this subsection shall be credited to a 
        separate account in the Treasury.
          (3) Money provided by a sponsor pursuant to the 
        provisions of this subsection after the date of 
        enactment of the Commemorative Works Clarification and 
        Revision Act of 2003 shall be credited to a separate 
        account with the National Park Foundation.
          (4) Upon request, the Secretary of the Treasury or 
        the National Park Foundation shall make all or a 
        portion of such moneys available to the Secretary or 
        the Administrator (as appropriate) for the maintenance 
        of a commemorative work. Under no circumstances may the 
        Secretary or Administrator request funds from a 
        separate account exceeding the total money in the 
        account established under paragraph (2) or (3). The 
        Secretary and the Administrator shall maintain an 
        inventory of funds available for such purposes. Funds 
        provided under this paragraph shall be available 
        without further appropriation and shall remain 
        available until expended.

           *       *       *       *       *       *       *


Sec. 8908. Areas I and II

    (a) Availability of Map.--The [Secretary of the Interior 
and Administrator of General Services] Secretary of the 
Interior and Administrator of General Services (as appropriate) 
shall make available, for public inspection at appropriate 
offices of the National Park Service and the General Services 
Administration, the map [numbered 869/86581, and dated May 1, 
1986.] numbered 869/86501B, and dated June 24, 2003.

           *       *       *       *       *       *       *

    (c) Reserve.--After the date of enactment of the 
Commemorative Works Clarification and Revision Act of 2003, no 
commemorative work shall be located within the Reserve.

           *       *       *       *       *       *       *