CLARIFYING AND CONFORMING AMENDMENTS.

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 117 STAT. 1350 its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia;”.(b) Definitions.—Section 8902 of title 40, United States Code, is amended by striking subsection (a) and inserting the following:“(a) Definitions.—In this chapter:“(1) Commemorative work.—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 district of columbia and its environs.—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.“(3) Reserve.—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 (2).“(4) Sponsor.—The term ‘sponsor’ means a public agency, or 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.”.(c) Authorization.—Section 8903 of title 40, United States Code, is amended—(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”; and(3) by striking subsection (e) and inserting the following:“(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—117 STAT. 1351“(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 commemorative work 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 additional years. 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—(1) in the heading, by inserting “Advisory” before “Commission”;(2) in subsection (a), by striking “There is a National” and all that follows through “consists of ” and inserting the following: “There is established the National Capital Memorial Advisory Commission, which shall be composed of ”;(3) in subsection (c)—(A) by inserting “Advisory” before “Commission shall”; and(B) by striking “Services” and inserting “Services (as appropriate)”; and(4) in subsection (d) by inserting “Advisory” before “Commission”.(e) Site and Design Approval.—Section 8905 of title 40, United States Code, is amended—(1) in subsection (a)—(A) by striking “person” each place it appears and inserting “sponsor”; and(B) in paragraph (1)—(i) by inserting “Advisory” before “Commission”; and(ii) by striking “designs” and inserting “design concepts”; and(2) in subsection (b)—(A) by striking “Secretary, and Administrator” and inserting “and the Secretary 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—(1) in subsection (a)(3) and (a)(4) by striking “person” and inserting “sponsor”; and(2) by striking subsection (b) and inserting the following:“(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 117 STAT. 1352 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 the Commemorative Works Clarification and Revision Act of 2003 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 of the Secretary or Administrator (as appropriate), 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(a) 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”.