Title 54 of the U.S. Code § 307108 - Privately donated funds

§ 307108. Privately donated funds

(a) Projects for Which Funds May Be Used.—In furtherance of the purposes of this division, the Secretary may accept the donation of funds that may be expended by the Secretary for projects to acquire, restore, preserve, or recover data from any property included on the National Register, as long as the project is owned by a State, any unit of local government, or any nonprofit entity.

(b) Consideration of Factors Respecting Expenditure of Funds.—

(1) In general.—In expending the funds, the Secretary shall give due consideration to—

(A) the national significance of the project;

(B) its historical value to the community;

(C) the imminence of its destruction or loss; and

(D) the expressed intentions of the donor.

(2) Funds available without regard to matching requirements.—Funds expended under this subsection shall be made available without regard to the matching requirements established by sections 302901 and 302902(b) of this title, but the recipient of the funds shall be permitted to utilize them to match any grants from the Historic Preservation Fund.

(c) Transfer of Unobligated Funds.—The Secretary may transfer unobligated funds previously donated to the Secretary for the purposes of the Service, with the consent of the donor, and any funds so transferred shall be used or expended in accordance with this division.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3232.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
307108	16 U.S.C. 470h–1.	Pub. L. 89–665, title I, §109, as added Pub. L. 96–244, §1, May 19, 1980, 94 Stat. 346.

In subsection (a), the word "included" is substituted for "listed" for consistency in the revised subtitle.

DIVISION B—ORGANIZATIONS AND PROGRAMS

Subdivision 1—Administered by National Park Service

Statutory Notes and Related Subsidiaries

Japanese American World War II History Network

Pub. L. 117–328, div. DD, title VI, §645, Dec. 29, 2022, 136 Stat. 5615, provided that:

"(a) Establishment.—The Secretary [of the Interior] shall establish, within the National Park Service, a program to be known as the 'Japanese American World War II History Network' (referred to in this section as the 'Network').

"(b) Duties of Secretary.—In carrying out the Network, the Secretary shall—

"(1) review studies and reports to complement and not duplicate studies of Japanese American World War II history and Japanese American experiences during World War II, including studies related to relocation centers and confinement sites, that are underway or completed;

"(2) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information relating to Japanese American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites;

"(3) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (d); and

"(4)(A) create and adopt an official, uniform symbol or device for the Network; and

"(B) issue regulations for the use of the symbol or device adopted under subparagraph (A).

"(c) Elements.—The Network shall encompass the following elements:

"(1) All units and programs of the National Park Service that are determined by the Secretary to relate to Japanese American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites.

"(2) With the consent of the property owner, other Federal, State, local, Tribal, and privately owned properties that—

"(A) relate to Japanese American World War II history and Japanese experiences during the war, including relocation centers and confinement sites;

"(B) have a verifiable connection to Japanese American World War II history and Japanese experiences during the war, including relocation and confinement sites; and

"(C) are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places.

"(3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to Japanese American World War II history and the experiences of Japanese Americans during the war, including relocation centers and confinement sites.

"(d) Cooperative Agreements and Memoranda of Understanding.—To achieve the purposes of this section and to ensure effective coordination of the Federal and non-Federal elements of the Network described in subsection (c) with units of the National Park System and programs of the National Park Service, including the Japanese American Confinement Sites Program, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agencies, States, units of local government, Indian Tribes, regional governmental bodies, and private entities.

"(e) Sunset.—The authority of the Secretary under this section shall expire 7 years after the date of enactment of this Act [Dec. 29, 2022]."

Historic Confinement Sites

Pub. L. 109–441, Dec. 21, 2006, 120 Stat. 3288, as amended by Pub. L. 111–88, div. A, title I, §119, Oct. 30, 2009, 123 Stat. 2929; Pub. L. 117–328, div. DD, title VI, §644, Dec. 29, 2022, 136 Stat. 5614, provided that:

"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) [probably should be "(1)"] 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.

"(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.

"(E) Heart Mountain, depicted in Figure 6.3 of the Site Document.

"(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.

"(4) Japanese american confinement education grants.—The term 'Japanese American Confinement Education Grants' means competitive grants, awarded through the Japanese American Confinement Sites Program, for Japanese American organizations to educate individuals, including through the use of digital resources, in the United States on the historical importance of Japanese American confinement during World War II, so that present and future generations may learn from Japanese American confinement and the commitment of the United States to equal justice under the law.

"(5) Japanese american organization.—The term 'Japanese American organization' means a private nonprofit organization within the United States established to promote the understanding and appreciation of the ethnic and cultural diversity of the United States by illustrating the Japanese American experience throughout the history of the United States.

"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.

"SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

"(a) In General.—There are authorized to be appropriated to the Secretary $80,000,000 to carry out this Act. Such sums shall remain available until expended.

"(b) Japanese American Confinement Education Grants.—

"(1) In general.—Of the amounts made available under this section, not more than $10,000,000 shall be awarded as Japanese American Confinement Education Grants to Japanese American organizations. Such competitive grants shall be in an amount not less than $750,000 and the Secretary shall give priority consideration to Japanese American organizations with fewer than 100 employees.

"(2) Matching requirement.—

"(A) Fifty percent.—Except as provided in subparagraph (B), for funds awarded under this subsection, the Secretary shall require a 50 percent match with non-Federal assets from non-Federal sources, which may include cash or durable goods and materials fairly valued, as determined by the Secretary.

"(B) Waiver.—The Secretary may waive all or part of the matching requirement under subparagraph (A), if the Secretary determines that—

"(i) no reasonable means are available through which an applicant can meet the matching requirement; and

"(ii) the probable benefit of the project funded outweighs the public interest in the matching requirement."

CHAPTER 3081—AMERICAN BATTLEFIELD PROTECTION PROGRAM

        

Editorial Notes

Amendments

2019—Pub. L. 116–94, div. P, title VII, §703(b), Dec. 20, 2019, 133 Stat. 3196, added items 308104 and 308105.