40 U.S.C. § 8905 — Site and design approval

(a) Consultation and Submission. A sponsor^* legally authorized to set up a commemorative work^* in the District of Columbia and its surrounding areas can only request a construction permit after two steps happen. (1) Consultation — the sponsor must consult with the National Capital Memorial Advisory Commission about choosing alternative sites and design ideas for the work. (2) Submittal — after that consultation, the Secretary of the Interior or the GSA Administrator (whichever fits) must submit site and design proposals, on the sponsor's behalf, to the Commission of Fine Arts and the National Capital Planning Commission for their approval.

(b) Decision Criteria. When weighing site and design proposals, the Commission of Fine Arts, the National Capital Planning Commission, and the Secretary or Administrator should be guided — though not strictly bound — by these criteria: (1) Surroundings — a commemorative work should, as much as possible, be located where its surroundings relate to its subject. (2) Location — it must be placed so that it does not interfere with or encroach on an existing commemorative work, and, as much as practical, protects open space, existing public use, and cultural and natural resources. (3) Material — it must be built of durable material suited to being outdoors. (4) Landscape features — its landscaping must fit the local climate. (5) Museums — a commemorative work built mainly as a museum cannot be placed on Secretary-controlled land in Area I or in East Potomac Park, as shown on the map referenced in section 8902(2). (6) Site-specific guidelines — the National Capital Planning Commission and Commission of Fine Arts may jointly develop extra criteria or guidelines for specific sites, to make sure the design fulfills this chapter's purpose.

(c) Donor Contributions. (1) Acknowledgment — except as this subsection otherwise provides, the Secretary of the Interior or the Administrator may let a sponsor acknowledge donor contributions at the commemorative work. (2) Requirements — any such acknowledgment must be shown either inside a structure connected to the work or as part of a built landscape feature, and must follow the applicable National Park Service or GSA guidelines for donor recognition. (3) Limitations — the acknowledgment must: be limited to an appropriate statement or credit; be displayed in the form the guidelines require; be shown for up to 10 years, with the exact length tied to how much was donated, as the guidelines set out; be freestanding; and not be attached to any landscape feature at the work or to any object in a museum collection. (4) Cost — the sponsor pays all costs of displaying donor acknowledgments. (5) Applicability — this subsection only applies to a commemorative work dedicated after January 1, 2010.