[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1612 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1612

To modify the boundary of the Minidoka Internment National Monument, to 
    establish the Minidoka National Historic Site, to authorize the 
 Secretary of the Interior to convey certain land and improvements of 
  the Gooding Division of the Minidoka Project, Idaho, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2007

Mr. Simpson (for himself and Mr. Inslee) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To modify the boundary of the Minidoka Internment National Monument, to 
    establish the Minidoka National Historic Site, to authorize the 
 Secretary of the Interior to convey certain land and improvements of 
  the Gooding Division of the Minidoka Project, Idaho, 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. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Minidoka National 
Historic Site Act of 2007''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
       TITLE I--ESTABLISHMENT OF MINIDOKA NATIONAL HISTORIC SITE

Sec. 101. Boundary adjustment.
Sec. 102. Administration of Monument.
   TITLE II--CONVEYANCE OF AMERICAN FALLS RESERVOIR DISTRICT NUMBER 2

Sec. 201. Definitions.
Sec. 202. Authority to convey title.
Sec. 203. Transfer.
Sec. 204. Compliance with other laws.
Sec. 205. Revocation of withdrawals.
Sec. 206. Liability.
Sec. 207. Future benefits.
Sec. 208. National Environmental Policy Act.
Sec. 209. Payment.

       TITLE I--ESTABLISHMENT OF MINIDOKA NATIONAL HISTORIC SITE

SEC. 101. BOUNDARY ADJUSTMENT.

    (a) In General.--The boundary of the Minidoka Internment National 
Monument, located in the State of Idaho and established by Presidential 
Proclamation 7395 of January 17, 2001, is adjusted to include the 
Nidoto Nai Yoni (``Let it not happen again'') memorial. That memorial--
            (1) commemorates the Japanese Americans of Bainbridge 
        Island, Washington, who were the first to be forcibly removed 
        from their homes and relocated to internment camps during World 
        War II under Executive Order No. 9066; and
            (2) consists of approximately 8 acres of land owned by the 
        City of Bainbridge Island, Washington, as depicted on the map 
        titled ``Bainbridge Island Japanese American Memorial'', 
        numbered 194/80,003, and dated September, 2006.
    (b) Map.--The map referred to in subsection (a) shall be kept on 
file and made available for public inspection in the appropriate 
offices of the National Parks Service.

SEC. 102. ADMINISTRATION OF MONUMENT.

    (a) Administration.--The Secretary of the Interior (hereinafter in 
this section referred to as the ``Secretary'') shall administer the 
Nidoto Nai Yoni Memorial as part of Minidoka Internment National 
Monument in accordance with--
            (1) Presidential Proclamation 7395 of January 17, 2001;
            (2) laws and regulations generally applicable to units of 
        the National Park System, including the Act of August 25, 1916 
        (popularly known as the ``National Park Service Organic Act,''; 
        16 U.S.C. 1 et seq.); and
            (3) any agreements entered into pursuant to subsection (b).
    (b) Agreements.--
            (1) For the purposes of defining the role of the National 
        Park Service in administering the Nidoto Nai Yoni Memorial 
        owned by the City of Bainbridge Island, the Secretary is 
        authorized to enter into agreements with--
                    (A) the City of Bainbridge Island;
                    (B) the Bainbridge Island Metropolitan Park and 
                Recreational District;
                    (C) the Bainbridge Island Japanese American 
                Community Memorial Committee;
                    (D) the Bainbridge Island Historical Society;
                    (E) successor entities to the entities named in 
                subparagraphs (A) through (D); and
                    (F) other appropriate individuals or entities, at 
                the discretion of the Secretary.
            (2) In order to implement an agreement provided for in 
        paragraph (1), the Secretary may--
                    (A) make grants to the City of Bainbridge Island 
                for development of an administrative and interpretive 
                facility for the Nidoto Nai Yoni Memorial;
                    (B) enter into a cooperative management agreement 
                with the City of Bainbridge Island, pursuant to section 
                3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l); popularly 
                known as the ``National Park System General Authorities 
                Act''), for the purpose of providing assistance with 
                operation and maintenance of the memorial;
                    (C) make grants to other non-Federal entities for 
                other infrastructure projects at the memorial, subject 
                to a match of non-Federal funding equal to the amount 
                of a grant made pursuant to this paragraph; and
                    (D) make grants or enter into cooperative 
                agreements with non-Federal entities to support 
                development of interpretive media for the memorial.
    (c) Administrative and Visitor Use Site.--The Secretary is 
authorized to operate and maintain a site in Seattle, Washington, for 
administrative and visitor use purposes associated with Minidoka 
Internment National Monument, using to the greatest extent practicable 
the facilities and other services of the Seattle unit of the Klondike 
Gold Rush National Historical Park.
    (d) Coordination of Interpretive and Educational Materials and 
Programs.--The Secretary shall coordinate the development of 
interpretive and educational materials and programs for the Nidoto Nai 
Yoni Memorial and the Minidoka Internment National Monument site in the 
State of Idaho with the Manzanar National Historic Site in the State of 
California.

   TITLE II--CONVEYANCE OF AMERICAN FALLS RESERVOIR DISTRICT NUMBER 2

SEC. 201. DEFINITIONS.

    In this title:
            (1) Agreement.--The term ``Agreement'' means Agreement No. 
        5-07-10-L1688 between the United States and the District, 
        entitled ``Agreement Between the United States and the American 
        Falls Reservoir District No. 2 to Transfer Title to the 
        Federally Owned Milner-Gooding Canal and Certain Property 
        Rights, Title and Interest to the American Falls Reservoir 
        District No. 2''.
            (2) District.--The term ``District'' means the American 
        Falls Reservoir District No. 2, located in Jerome, Lincoln, and 
        Gooding Counties, Idaho.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Idaho.

SEC. 202. AUTHORITY TO CONVEY TITLE.

    (a) In General.--In accordance with all applicable law and the 
terms and conditions set forth in the Agreement, the Secretary may 
convey--
            (1) to the District all right, title, and interest in and 
        to the land and improvements described in Appendix A of the 
        Agreement, subject to valid existing rights;
            (2) to the city of Gooding, located in Gooding County, of 
        the State, all right, title, and interest in and to the 5.0 
        acres of land and improvements described in Appendix D of the 
        Agreement; and
            (3) to the Idaho Department of Fish and Game all right, 
        title, and interest in and to the 39.72 acres of land and 
        improvements described in Appendix D of the Agreement.
    (b) Compliance With Agreement.--All parties to the conveyance under 
subsection (a) shall comply with the terms and conditions of the 
Agreement, to the extent consistent with this Act.

SEC. 203. TRANSFER.

    As soon as practicable after the date of enactment of this Act, the 
Secretary shall direct the Director of the National Park Service to 
include in and manage as a part of the Minidoka Internment National 
Monument the 10.18 acres of land and improvements described in Appendix 
D of the Agreement.

SEC. 204. COMPLIANCE WITH OTHER LAWS.

    (a) In General.--On conveyance of the land and improvements under 
section 202(a)(1), the District shall comply with all applicable 
Federal, State, and local laws (including regulations) in the operation 
of each facility transferred.
    (b) Applicable Authority.--Nothing in this title modifies or 
otherwise affects the applicability of Federal reclamation law (the Act 
of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
and amendatory of that Act (43 U.S.C. 371 et seq.)) to project water 
provided to the District.

SEC. 205. REVOCATION OF WITHDRAWALS.

    (a) In General.--The portions of the Secretarial Orders dated March 
18, 1908, October 7, 1908, September 29, 1919, October 22, 1925, March 
29, 1927, July 23, 1927, and May 7, 1963, withdrawing the approximately 
6,900 acres described in Appendix E of the Agreement for the purpose of 
the Gooding Division of the Minidoka Project, are revoked.
    (b) Management of Withdrawn Land.--The Secretary, acting through 
the Director of the Bureau of Land Management, shall manage the 
withdrawn land described in subsection (a) subject to valid existing 
rights.

SEC. 206. LIABILITY.

    (a) In General.--Subject to subsection (b), upon completion of a 
conveyance under section 202, the United States shall not be liable for 
damages of any kind for any injury arising out of an act, omission, or 
occurrence relating to the land (including any improvements to the 
land) conveyed under the conveyance.
    (b) Exception.--Subsection (a) shall not apply to liability for 
damages resulting from an injury caused by any act of negligence 
committed by the United States (or by any officer, employee, or agent 
of the United States) before the date of completion of the conveyance.
    (c) Federal Tort Claims Act.--Nothing in this section increases the 
liability of the United States beyond that provided in chapter 171 of 
title 28, United States Code.

SEC. 207. FUTURE BENEFITS.

    (a) Responsibility of the District.--After completion of the 
conveyance of land and improvements to the District under section 
202(a)(1), and consistent with the Agreement, the District shall assume 
responsibility for all duties and costs associated with the operation, 
replacement, maintenance, enhancement, and betterment of the 
transferred land (including any improvements to the land).
    (b) Eligibility for Federal Funding.--
            (1) In general.--Except as provided in paragraph (2), the 
        District shall not be eligible to receive Federal funding to 
        assist in any activity described in subsection (a) relating to 
        land and improvements transferred under section 202(a)(1).
            (2) Exception.--Paragraph (1) shall not apply to any 
        funding that would be available to a similarly situated 
        nonreclamation district, as determined by the Secretary.

SEC. 208. NATIONAL ENVIRONMENTAL POLICY ACT.

    Before completing any conveyance under this Act, the Secretary 
shall complete all actions required under--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);
            (3) the National Historic Preservation Act (16 U.S.C. 470 
        et seq.); and
            (4) all other applicable laws (including regulations).

SEC. 209. PAYMENT.

    (a) Fair Market Value Requirement.--As a condition of the 
conveyance under section 202(a)(1), the District shall pay the fair 
market value for the withdrawn lands to be acquired by them, in 
accordance with the terms of the Agreement.
    (b) Grant for Building Replacement.--As soon as practicable after 
the date of enactment of this Act, and in full satisfaction of the 
Federal obligation to the District for the replacement of the structure 
in existence on that date of enactment that is to be transferred to the 
National Park Service for inclusion in the Minidoka Internment National 
Monument, the Secretary, acting through the Commission of Reclamation, 
shall provide to the District a grant in the amount of $52,996, in 
accordance with the terms of the Agreement.
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