PUBLIC LAW 109–441—DEC. 21, 2006

PRESERVATION OF JAPANESE AMERICAN

CONFINEMENT SITES

120 STAT. 3288 PUBLIC LAW 109–441—DEC. 21, 2006

Public Law 109–441

109th Congress

An Act

To provide for the preservation of the historic confinement sites where Japanese

Americans were detained during World War II, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. PRESERVATION OF HISTORIC CONFINEMENT SITES.

(a) PRESERVATION PROGRAM.—The Secretary shall create a program within the National Park Service to encourage, support, recognize, and work in partnership with citizens, Federal agencies, State,

local, and tribal governments, other public entities, educational

institutions, and private nonprofit organizations for the purpose

of identifying, researching, evaluating, interpreting, protecting,

restoring, repairing, and acquiring historic confinement sites in

order that present and future generations may learn and gain

inspiration from these sites and that these sites will demonstrate

the Nation’s commitment to equal justice under the law.

(b) GRANTS.—

(1) CRITERIA.—The Secretary, after consultation with State,

local, and tribal governments, other public entities, educational

institutions, and private nonprofit organizations (including

organizations involved in the preservation of historic confinement sites), shall develop criteria for making grants under

paragraph (2) to assist in carrying out subsection (a).

(2) PROVISION OF GRANTS.—Not later than 180 days after

the date on which funds are made available to carry out this

Act, the Secretary shall, subject to the availability of appropriations, make grants to the entities described in paragraph (1)

only in accordance with the criteria developed under that paragraph.

(c) PROPERTY ACQUISITION.—

(1) AUTHORITY.—Federal funds made available under this

section may be used to acquire non-Federal property for the

purposes of this section, in accordance with section 3, only

if that property is within the areas described in paragraph

(2).

(2) PROPERTY DESCRIPTIONS.—The property referred to in

paragraph (2) is the following:

(A) Jerome, depicted in Figure 7.1 of the Site Document.

(B) Rohwer, depicted in Figure 11.2 of the Site Document.

(C) Topaz, depicted in Figure 12.2 of the Site Document.

Deadline.

16 USC 461 note.

Dec. 21, 2006

[H.R. 1492]

PUBLIC LAW 109–441—DEC. 21, 2006 120 STAT. 3289

(D) Honouliuli, located on the southern part of the

Island of Oahu, Hawaii, and within the land area bounded

by H1 to the south, Route 750 (Kunia Road) to the east,

the Honouliuli Forest Reserve to the west, and Kunia town

and Schofield Barracks to the north.

(3) NO EFFECT ON PRIVATE PROPERTY.—The authority

granted in this subsection shall not constitute a Federal designation or have any effect on private property ownership.

(d) MATCHING FUND REQUIREMENT.—The Secretary shall

require a 50 percent non-Federal match for funds provided under

this section.

(e) SUNSET OF AUTHORITY.—This Act shall have no force or

effect on and after the date that is 2 years after the disbursement

to grantees under this section of the total amount of funds authorized to be appropriated under section 4.

SEC. 2. DEFINITIONS.

For purposes of this Act the following definitions apply:

(1) HISTORIC CONFINEMENT SITES.—(A) The term ‘‘historic

confinement sites’’ means the 10 internment camp sites referred

to as Gila River, Granada, Heart Mountain, Jerome, Manzanar,

Minidoka, Poston, Rohwer, Topaz, and Tule Lake and depicted

in Figures 4.1, 5.1, 6.1, 7.1, 8.4, 9.2, 10.6, 11.2, 12.2, and

13.2, respectively, of the Site Document; and

(B) other historically significant locations, as determined

by the Secretary, where Japanese Americans were detained

during World War II.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(3) SITE DOCUMENT.—The term ‘‘Site Document’’ means

the document titled ‘‘Confinement and Ethnicity: An Overview

of World War II Japanese American Relocation Sites’’, published

by the Western Archeological and Conservation Center,

National Park Service, in 1999.

SEC. 3. PRIVATE PROPERTY PROTECTION.

No Federal funds made available to carry out this Act may

be used to acquire any real property or any interest in any real

property without the written consent of the owner or owners of

that property or interest in property.

16 USC 461 note.

16 USC 461 note.

120 STAT. 3290 PUBLIC LAW 109–441—DEC. 21, 2006

LEGISLATIVE HISTORY—H.R. 1492:

HOUSE REPORTS: No. 109–142 (Comm. on Resources).

SENATE REPORTS: No. 109–314 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD:

Vol. 151 (2005): Nov. 16, considered and passed House.

Vol. 152 (2006): Nov. 16, considered and passed Senate, amended.

Dec. 5, House concurred in Senate amendments.

Æ

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary

$38,000,000 to carry out this Act. Such sums shall remain available

until expended.

Approved December 21, 2006.

16 USC 461 note.