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Updated May 8, 2023
Commemorative Works Act: Siting Memorials in the District of
Columbia
In 1986, Congress enacted the Commemorative Works Act
in Area I. For more details, see “Siting Memorials in DC,”
(CWA) to guide the authorization, design, and placement of
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 GSA, after seeking the advice of the
First, following congressional authorization of a
NCMAC, can recommend that a memorial be placed in
commemorative work, the statutorily designated sponsor
Area I. If that recommendation occurs, Congress may
choose whether to enact legislation to authorize placement
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group works with the NPS or GSA, NCMAC, NCPC, and
• a plaque to veterans who died as a result of service
CFA to determine the most appropriate memorial location.
during the Vietnam War at the Vietnam Veterans
Memorial (P.L. 106-214);
Many memorial sponsors evaluate dozens of sites and then
present their analysis and preferences to NCMAC, NCPC,
• a plaque commemorating Reverend Dr. Martin Luther
and CFA. Sponsor organizations often use NCPC’s 2001
King, Jr.’s “I Have a Dream” speech at the Lincoln
Memorials & Museums Master Plan as the basis for
Memorial (P.L. 106-365);
potential site identification. It identified “100 potential
locations for memorials and museums” throughout the
• a plaque to honor Senator Robert J. Dole’s leadership
District of Columbia. These sites range in prominence and
“in making the [World War II] Memorial a reality on the
size. The document also includes analysis on the potential
National Mall” (P.L. 111-88, §128);
advantages and disadvantages of each site.
• a plaque with the text of the D-Day Prayer delivered by
Following site evaluation and feedback, if the sponsor
President Franklin D. Roosevelt at the World War II
group has identified a site within Area I (see Figure 1), it
Memorial (P.L. 113-123);
may request the Secretary of the Interior or the
Administrator of GSA to recommend placement of the
• a wall of remembrance at the Korean War Memorial
memorial in Area I. If the sponsor group makes an Area I
(P.L. 114-230); and
request, the Secretary or Administrator determines whether
the memorial is of “preeminent historical and lasting
• new commemorative elements at the Second Infantry
significance to the United States.” If the Secretary or
Division Memorial (P.L. 115-141); and
Administrator determines that an Area I site location is
warranted, they write a letter to the House Committee on
• new commemorative elements at the First Infantry
Natural Resources and the Senate Committee on Energy
Division Memorial (P.L. 116-283).
and Natural Resources.
On at least two occasions, Congress directly designated an
Second, to place a memorial within Area I, an act of
Area 1 memorial location in a memorial’s authorization: (1)
Congress approving the Secretary’s or Administrator’s
for the World War I Memorial (P.L. 113-291, §3091(b)),
recommendation is required within 150 calendar days.
Congress redesignated Pershing Park near the White House
Should the Secretary or Administrator not recommend
as a “World War I Memorial”; and (2) for the Korean War
placement in Area I, or Congress not act favorably upon the
Veterans Memorial Wall of Remembrance at the Korean
recommendation, the memorial can be placed in Area II
War Veterans Memorial (P.L. 114-230).
without further action.
Additional Considerations
Exemptions to CWA Siting Provisions
Congress enacted the CWA in part to preserve the integrity
The CWA prohibits the siting of new works within the
of the National Mall. Space on the National Mall is at a
Reserve; considers memorials, once dedicated, to be
premium, with different groups vying for space for
completed works of civic art; and protects existing works
contemplation, commemoration, and group gatherings.
from further additions or intrusions. The CWA states
Since 1986, a commemorative work process has developed
to guide designated sponsor groups through the site
A commemorative work shall be located so that -
selection, memorial design, and planning review stages of
(A) it does not interfere with, or encroach on, an
building a commemorative work in Washington, DC.
existing commemorative work; and (B) to the
maximum extent practicable, it protects open space,
Congress can pass laws to grant CWA exemptions.
existing public use, and cultural and natural
Exemptions might be granted to expedite part of the
resources (40 U.S.C. §8905(b)(2).
commemorative works process or to ensure congressional
intent is honored. Since 1986, each exemption has been a
Regardless of the CWA provisions against siting new works
singular choice based on particular memorial
in the Reserve and prohibiting the placement of new
circumstances.
elements at existing memorials, sponsor groups continue to
request exemptions from these requirements.
For more information on siting and exemptions to the
CWA, see CRS Report R43241, Monuments and
Since the 105th Congress (1997-1998), Congress has
Memorials in the District of Columbia: Analysis and
authorized eight exemptions to place new elements at
Options for Proposed Exemptions to the Commemorative
existing commemorative works. These are
Works Act; and CRS In Focus IF10448, Authorizing New
Additions to Memorials in the District of Columbia: Issues
• a statue at the Franklin Delano Roosevelt Memorial
for Consideration.
(P.L. 105-29) depicting President Roosevelt in a
wheelchair;
Jacob R. Straus, Specialist on the Congress
IF11937
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Commemorative Works Act: Siting Memorials in the District of Columbia
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