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September 30, 2021
Commemorative Works Act: Siting Memorials in the District of
Columbia
In 1986, Congress enacted the Commemorative Works Act
placement in Area I. For more details, see “Siting
(CWA) to guide the authorization, design, and placement of
Memorials in DC,” below.
memorials in Washington, DC, on property administered by
the National Park Service (NPS) or the General Services
Area II
Administration (GSA). As amended, the CWA (40 U.S.C.
Area II is for “subjects of lasting historical significance to
§§8901-8909) requires congressional authorization for a
the American people.” Area II encompasses all sections of
memorial on federal land in the District of Columbia and its
the District of Columbia and its environs not part of the
environs, but also recognizes that past congressional
Reserve or Area I.
involvement in approving construction, sites, and
architectural decisions had become cumbersome, as each
Figure 1. Commemorative Areas of Washington, DC,
step had generally required congressional approval.
and its Environs
The CWA established processes for memorial
authorization. In the law, Congress authorizes the memorial
to be built by a designated sponsor group. The law
delegates decisions on design, siting (except for Area I, see
below), construction, and maintenance to the Secretary of
the Interior or the Administrator of the GSA, as well as
several other federal planning entities, including the
National Capital Planning Commission (NCPC), the U.S.
Commission of Fine Arts (CFA), and the National Capital
Memorial Advisory Commission (NCMAC).
Memorial Areas in Washington, DC
For memorial placement, the CWA divides the District of
Columbia and its environs into three sections: the Reserve,
Area I, and Area II (40 U.S.C. §8908). The law specifies
the standards for memorial placement for each of the three
sections. Congressional approval is required for memorials
suggested for placement in Area I. Figure 1 shows these
areas of Washington, DC.
The Reserve
The Reserve is “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” (40 U.S.C. §8901(a)(3)).
The Reserve is considered “a substantially completed work
of civic art,” and within the Reserve, “to preserve the
integrity of the Mall ... the siting of new commemorative
works is prohibited” (P.L. 108-126 §202(a)(1)). The CWA
also prohibits the placement of museums and visitor centers
in the Reserve.
Area I
Source: National Park Service Map 869-86501 B (June 24, 2003).
Area I is for commemorative works of “preeminent
historical and lasting significance to the United States.”
Siting Memorials in DC
Pursuant to 40 U.S.C. §8908, the Secretary of the Interior or
The CWA created a two-step approach for site selection.
the Administrator of General Services, after seeking the
First, following congressional authorization of a
advice of the NCMAC, can recommend that a memorial be
commemorative work, the statutorily designated sponsor
placed in Area I. If that recommendation occurs, Congress
may choose whether to enact legislation to authorize
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link to page 1 Commemorative Works Act: Siting Memorials in the District of Columbia
group works with the NPS or GSA, NCMAC, NCPC, and
a plaque to honor Senator Robert J. Dole’s leadership
CFA to determine the most appropriate memorial location.
“in making the [World War II] Memorial a reality on the
National Mall” (P.L. 111-88, §128);
Many memorial sponsors evaluate dozens of sites and then
present their analysis and preferences to NCMAC, NCPC,
a plaque with the text of the D-Day Prayer delivered by
and CFA for feedback. Sponsor organizations often use
President Franklin D. Roosevelt at the World War II
NCPC’s 2001 Memorials & Museums Master Plan as the
Memorial (P.L. 113-123);
basis for potential site identification. It identified “100
potential locations for memorials and museums” throughout
a wall of remembrance at the Korean War Memorial
the District of Columbia. These sites range in prominence
(P.L. 114-230); and
and size. The document also includes analysis on the
potential advantages and disadvantages of each site.
commemorative elements to honor Second Infantry
Division members who have been killed in action (P.L.
Following site evaluation and feedback, if the sponsor
115-141, Division G, §121(a)(1)).
group has identified a site within Area I (see Figure 1), it
may request the Secretary of the Interior or the
On at least one occasion, Congress directly designated an
Administrator of General Services to recommend placement
Area I memorial location in a memorial authorization. For
of the memorial in Area I. If the sponsor group makes an
the World War I Memorial (P.L. 113-291, §3091(b)),
Area I request, the Secretary or Administrator determines
Congress redesignated Pershing Park near the White House
whether the memorial is of “preeminent historical and
as a “World War I Memorial,” and authorized the World
lasting significance to the United States.” If the Secretary or
War I Centennial Commission to
Administrator determines that an Area I site location is
warranted, they write a letter to the House Committee on
enhance the General Pershing Commemorative
Natural Resources and the Senate Committee on Energy
Work by constructing on the land designated by
and Natural Resources.
paragraph (1) as a World War I Memorial
appropriate sculptural and other commemorative
Second, to place a memorial within Area I, an act of
elements, including landscaping, to further honor
Congress approving the Secretary’s or Administrator’s
the service of members of the United States Armed
recommendation is required within 150 calendar days.
Forces in World War I.
Should the Secretary or Administrator not recommend
placement in Area I, or Congress not act favorably upon the
Since Congress created the Reserve in 2003, no new
recommendation, the memorial can be placed in Area II
memorials have been authorized in that area, though
without further action.
additions to existing works have been authorized.
Exemptions to CWA Siting Provisions
Additional Considerations
The CWA prohibits the siting of new works within the
Congress enacted the CWA in part to preserve the integrity
Reserve; considers memorials, once dedicated, to be
of the National Mall. Space on the National Mall is at a
completed works of civic art; and protects existing works
premium, with different groups vying for space for
from further additions or intrusions. The CWA states:
contemplation, commemoration, and group gatherings.
Since 1986, a commemorative work process has developed
A commemorative work shall be located so that -
to guide designated sponsor groups through the site
(A) it does not interfere with, or encroach on, an
selection, memorial design, and planning review stages of
existing commemorative work; and (B) to the
building a commemorative work in Washington, DC.
maximum extent practicable, it protects open space,
existing public use, and cultural and natural
Congress can pass laws to grant CWA exemptions.
resources (40 U.S.C. §8905(b)(2).
Exemptions might be granted to expedite part of the
commemorative works process or to ensure congressional
Regardless of the CWA provisions against siting new works
intent is honored. Since 1986, each exemption has been a
in the Reserve and prohibiting the placement of new
singular choice based on particular memorial
elements at existing memorials, sponsor groups continue to
circumstances.
request exemptions from these requirements.
For more information on siting and exemptions to the
Since the 106th Congress (1999-2000), Congress has
CWA, see CRS Report R43241, Monuments and
authorized six exemptions to place new elements at existing
Memorials in the District of Columbia: Analysis and
commemorative works. These are
Options for Proposed Exemptions to the Commemorative
Works Act; and CRS In Focus IF10448, Authorizing New
a plaque to veterans who died as a result of service
Additions to Memorials in the District of Columbia: Issues
during the Vietnam War at the Vietnam Veterans
for Consideration.
Memorial (P.L. 106-214);
Jacob R. Straus, Specialist on the Congress
a plaque commemorating Reverend Dr. Martin Luther
King, Jr.’s “I Have a Dream” speech at the Lincoln
IF11937
Memorial (P.L. 106-365);
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Commemorative Works Act: Siting Memorials in the District of Columbia
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https://crsreports.congress.gov | IF11937 · VERSION 1 · NEW