Commemorative Works Act of 1986

Commemorative Works Act of 1986
Name	Commemorative Works Act of 1986
Enacted by	United States Congress
Effective date	1986
Statute book	United States Statutes at Large
Public law	Public Law
Related legislation	National Capital Planning Commission, United States Commission of Fine Arts, National Mall and Memorial Parks

Contents

Commemorative Works Act of 1986 The Commemorative Works Act of 1986 established statutory controls over the siting, design, and construction of monuments and memorials in the District of Columbia and its National Mall and Memorial Parks environs, affecting proposals related to figures such as George Washington, Abraham Lincoln, Franklin D. Roosevelt, Thomas Jefferson, and events like the World War I armistice and World War II victory commemorations. The Act created a framework involving agencies such as the National Capital Planning Commission, the United States Commission of Fine Arts, and the National Park Service, and influenced later memorials for subjects including Martin Luther King Jr., Vietnam Veterans, Korean War, Women, and Holocaust remembrance.

Background and Legislative History

The Act set zone-based restrictions around landmarks like the Washington Monument, United States Capitol, White House, Lincoln Memorial, Jefferson Memorial, Franklin Delano Roosevelt Memorial, and the Korean War Veterans Memorial, requiring coordination with National Capital Planning Commission, United States Commission of Fine Arts, and National Park Service. It imposed moratoria on new commemorative works in specified areas, established criteria for commemorating individuals such as prominence of service to the nation comparable to George Washington or Abraham Lincoln, and mandated adherence to standards exemplified by works like the Vietnam Veterans Memorial and the World War II Memorial. The Act required submission of site plans, cost estimates, and fundraising assurances involving entities including the Smithsonian Institution, National Trust for Historic Preservation, and private foundations tied to memorial campaigns.

Under the Act, proposers submit applications to the National Capital Planning Commission and the United States Commission of Fine Arts, with technical review by the National Park Service and policy oversight by Congress and the Secretary of the Interior. The process echoed considerations present in siting debates for Lincoln Memorial Reflecting Pool renovations, the Tidal Basin environs, and expansions near the Smithsonian Institution Building, with comparisons to procedures used for the Franklin Delano Roosevelt Memorial and World War II Memorial. Applicants frequently engaged design professionals from firms associated with projects like the Vietnam Veterans Memorial Fund and consulted preservation entities such as the Advisory Council on Historic Preservation and local stakeholders including the District of Columbia Council.

Congress enacted subsequent amendments and waivers affecting memorials for subjects like Martin Luther King Jr., Korean War Veterans, Vietnam Veterans, and the National World War II Memorial, reflecting interventions by committees such as the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources. Exceptions were granted for commemorations tied to specific events like September 11 attacks remembrance and to authorized sites on federal lands administered by entities including the National Park Service and the United States Holocaust Memorial Museum. High-profile waivers involved negotiations referencing prior projects like the Jefferson Memorial Franklin Delano Roosevelt Memorial design controversies and deliberations invoking landmark protections overseen by the National Capital Planning Commission.

The Act reshaped how commemorative subjects such as Martin Luther King Jr., Rosa Parks, Frederick Douglass, Susan B. Anthony, Suffrage Movement, LGBTQ remembrance initiatives, and military memorials like the Vietnam Veterans Memorial and Korean War Veterans Memorial are memorialized, generating disputes among stakeholders including the National Park Service, National Capital Planning Commission, United States Commission of Fine Arts, advocacy groups like the AARP, American Civil Liberties Union, NAACP, League of Women Voters, and veterans organizations. Critics compared the Act’s restrictions to earlier controversies over the Vietnam Veterans Memorial design competition, the siting of the World War II Memorial, and debates surrounding additions near the Tidal Basin and National Mall. Legal challenges and public campaigns referenced precedents in cases involving the Supreme Court of the United States, legislative riders by members such as Senator Ted Stevens or Representative Dan Lungren, and policy shifts prompted by major events including the Bicentennial of the United States.

Administration of the Act relies on interagency coordination among the National Park Service, National Capital Planning Commission, United States Commission of Fine Arts, the Secretary of the Interior, and congressional oversight via the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources. Enforcement mechanisms involve design review, site approval, fundraising certification, and statutory time limits that have affected projects associated with institutions like the Smithsonian Institution, United States Holocaust Memorial Museum, National Archives and Records Administration, and private memorial foundations. The Act’s framework continues to influence contemporary proposals commemorating figures such as Sally Ride, Alan Shepard, Harriet Tubman, Thurgood Marshall, Eleanor Roosevelt, and events like the Civil Rights Movement and Space Shuttle Challenger disaster remembrance.