Site and design approval

§ 8905. Site and design approval (a) Consultation on, and Submission of, Proposals.—A person 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 Commission regarding the selection of alternative sites and designs 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 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. (3) Material.—A commemorative work shall be constructed of durable material suitable to the outdoor environment. 116 STAT. 1230 (4) Landscape features.—Landscape features of commemorative works shall be compatible with the climate.