[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 161 Reported in Senate (RS)]
Calendar No. 231
110th CONGRESS
1st Session
H. R. 161
[Report No. 110-101]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2007
Received; read twice and referred to the Committee on Energy and
Natural Resources
June 26, 2007
Reported by Mr. Bingaman, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To adjust the boundary of the Minidoka Internment National Monument to
include the Nidoto Nai Yoni Memorial in Bainbridge Island, Washington,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Bainbridge Island Japanese
American Monument Act of 2007''.</DELETED>
<DELETED>SEC. 2. BOUNDARY ADJUSTMENT.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. ADMINISTRATION OF MONUMENT.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) Presidential Proclamation 7395 of January 17,
2001;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) any agreements entered into pursuant to
subsection (b).</DELETED>
<DELETED> (b) Agreements.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the City of Bainbridge
Island;</DELETED>
<DELETED> (B) the Bainbridge Island Metropolitan
Park and Recreational District;</DELETED>
<DELETED> (C) the Bainbridge Island Japanese
American Community Memorial Committee;</DELETED>
<DELETED> (D) the Bainbridge Island Historical
Society;</DELETED>
<DELETED> (E) successor entities to the entities
named in subparagraphs (A) through (D); and</DELETED>
<DELETED> (F) other appropriate individuals or
entities, at the discretion of the Secretary.</DELETED>
<DELETED> (2) In order to implement an agreement provided
for in paragraph (1), the Secretary may--</DELETED>
<DELETED> (A) make grants to the City of Bainbridge
Island for development of an administrative and
interpretive facility for the Nidoto Nai Yoni
Memorial;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) make grants or enter into cooperative
agreements with non-Federal entities to support
development of interpretive media for the
memorial.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Minidoka National
Historic Site Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BAINBRIDGE ISLAND JAPANESE AMERICAN MEMORIAL
Sec. 101. Boundary adjustment.
Sec. 102. Administration of memorial.
TITLE II--ESTABLISHMENT OF MINIDOKA NATIONAL HISTORIC SITE
Sec. 201. Definitions.
Sec. 202. Establishment.
Sec. 203. Boundary of Historic Site.
Sec. 204. Land transfers and acquisition.
Sec. 205. Administration.
Sec. 206. Disclaimer of interest in land.
TITLE III--CONVEYANCE OF AMERICAN FALLS RESERVOIR DISTRICT NUMBER 2
Sec. 301. Definitions.
Sec. 302. Authority to convey title.
Sec. 303. Compliance with other laws.
Sec. 304. Revocation of withdrawals.
Sec. 305. Liability.
Sec. 306. Future benefits.
Sec. 307. National Environmental Policy Act.
Sec. 308. Payment.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Idaho.
TITLE I--BAINBRIDGE ISLAND JAPANESE AMERICAN MEMORIAL
SEC. 101. BOUNDARY ADJUSTMENT.
(a) In General.--The boundary of the Minidoka Internment National
Monument, located in the State and established by Presidential
Proclamation 7395 of January 17, 2001, is adjusted to include the
Nidoto Nai Yoni (``Let it not happen again'') memorial (referred to in
this title as the ``memorial''), which--
(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
entitled ``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 Park Service.
SEC. 102. ADMINISTRATION OF MEMORIAL.
(a) In General.--The memorial shall be administered as part of the
Minidoka Internment National Monument.
(b) Agreements.--To carry out this title, the Secretary may enter
into agreements with--
(1) the City of Bainbridge Island, Washington;
(2) the Bainbridge Island Metropolitan Park and
Recreational District;
(3) the Bainbridge Island Japanese American Community
Memorial Committee;
(4) the Bainbridge Island Historical Society; and
(5) other appropriate individuals or entities.
(c) Implementation.--To implement an agreement entered into under
subsection (a), the Secretary may--
(1) enter into a cooperative management agreement relating
to the operation and maintenance of the memorial with the City
of Bainbridge Island, Washington, in accordance with section
3(l) of Public law 91-383 (16 U.S.C. 1a-2(l)); and
(2) enter into cooperative agreements with, or make grants
to, the City of Bainbridge Island, Washington, and other non-
Federal entities for the development of facilities,
infrastructure, and interpretive media at the memorial, if any
Federal funds provided by a grant or through a cooperative
agreement are matched with non-Federal funds.
(d) Administration and Visitor Use Site.--The Secretary may operate
and maintain a site in the State of Washington for administrative and
visitor use purposes associated with the Minidoka Internment National
Monument.
TITLE II--ESTABLISHMENT OF MINIDOKA NATIONAL HISTORIC SITE
SEC. 201. DEFINITIONS.
In this title:
(1) Historic site.--The term ``Historic Site'' means the
Minidoka National Historic Site established by section 202(a).
(2) Minidoka map.--The term ``Minidoka Map'' means the map
entitled ``Minidoka National Historic Site, Proposed Boundary
Map'', numbered 194/80,004, and dated December 2006.
SEC. 202. ESTABLISHMENT.
(a) National Historic Site.--In order to protect, preserve, and
interpret the resources associated with the former Minidoka Relocation
Center where Japanese Americans were incarcerated during World War II,
there is established the Minidoka National Historic Site.
(b) Minidoka Internment National Monument.--
(1) In general.--The Minidoka Internment National Monument
(referred to in this title as the ``Monument)'', as described
in Presidential Proclamation 7395 of January 17, 2001, is
abolished.
(2) Incorporation.--The land and any interests in the land
at the Monument are incorporated within, and made part of, the
Historic Site.
(3) Funds.--Any funds available for purposes of the
Monument shall be available for the Historic Site.
(c) References.--Any reference in a law (other than in this title),
map, regulation, document, record, or other paper of the United States
to the ``Minidoka Internment National Monument'' shall be considered to
be a reference to the ``Minidoka National Historic Site''.
SEC. 203. BOUNDARY OF HISTORIC SITE.
(a) Boundary.--The boundary of the Historic Site shall include--
(1) approximately 292 acres of land, as depicted on the
Minidoka Map; and
(2) approximately 8 acres of land, as described in section
101(a)(2).
(b) Availability of Map.--The Minidoka Map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
SEC. 204. LAND TRANSFERS AND ACQUISITION.
(a) Transfer From Bureau of Reclamation.--Administrative
jurisdiction over the land identified on the Minidoka Map as ``BOR
parcel 1'' and ``BOR parcel 2'', including any improvements on, and
appurtenances to, the parcels, is transferred from the Bureau of
Reclamation to the National Park Service for inclusion in the Historic
Site.
(b) Transfer From Bureau of Land Management.--Administrative
jurisdiction over the land identified on the Minidoka Map as ``Public
Domain Lands'' is transferred from the Bureau of Land Management to the
National Park Service for inclusion in the Historic Site, and the
portions of any prior Secretarial orders withdrawing the land are
revoked.
(c) Acquisition Authority.--The Secretary may acquire any land or
interest in land located within the boundary of the Historic Site, as
depicted on the Minidoka Map, by--
(1) donation;
(2) purchase with donated or appropriated funds from a
willing seller; or
(3) exchange.
SEC. 205. ADMINISTRATION.
(a) In General.--The Historic Site shall be administered in
accordance with--
(1) this Act; and
(2) laws (including regulations) generally applicable to
units of the National Park System, including--
(A) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) Interpretation and Education.--
(1) In general.--The Secretary shall interpret--
(A) the story of the relocation of Japanese
Americans during World War II to the Minidoka
Relocation Center and other centers across the United
States;
(B) the living conditions of the relocation
centers;
(C) the work performed by the internees at the
relocation centers; and
(D) the contributions to the United States military
made by Japanese Americans who had been interned.
(2) Oral histories.--To the extent feasible, the collection
of oral histories and testimonials from Japanese Americans who
were confined shall be a part of the interpretive program at
the Historic Site.
(3) Coordination.--The Secretary shall coordinate the
development of interpretive and educational materials and
programs for the Historic Site with the Manzanar National
Historic Site in the State of California.
(c) Bainbridge Island Japanese American Memorial.--The Bainbridge
Island Japanese American Memorial shall be administered in accordance
with section 102.
(d) Continued Agricultural Use.--In keeping with the historical use
of the land following the decommission of the Minidoka Relocation
Center, the Secretary may issue a special use permit or enter into a
lease to allow agricultural uses within the Historic Site under
appropriate terms and conditions, as determined by the Secretary.
SEC. 206. DISCLAIMER OF INTEREST IN LAND.
(a) In General.--The Secretary may issue to Jerome County, Idaho, a
document of disclaimer of interest in land for the parcel identified as
``Tract No. 2''--
(1) in the final order of condemnation, for the case
numbered 2479, filed on January 31, 1947, in the District Court
of the United States, in and for the District of Idaho,
Southern Division; and
(2) on the Minidoka Map.
(b) Process.--The Secretary shall issue the document of disclaimer
of interest in land under subsection (a) in accordance with section
315(b) of Federal Land Policy and Management Act of 1976 (43 U.S.C.
1745(b)).
(c) Effect.--The issuance by the Secretary of the document of
disclaimer of interest in land under subsection (a) shall have the same
effect as a quit-claim deed issued by the United States.
TITLE III--CONVEYANCE OF AMERICAN FALLS RESERVOIR DISTRICT NUMBER 2
SEC. 301. 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, of the State.
SEC. 302. 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. 303. COMPLIANCE WITH OTHER LAWS.
(a) In General.--On conveyance of the land and improvements under
section 302(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. 304. 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. 305. LIABILITY.
(a) In General.--Subject to subsection (b), upon completion of a
conveyance under section 302, 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. 306. FUTURE BENEFITS.
(a) Responsibility of the District.--After completion of the
conveyance of land and improvements to the District under section
302(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 302(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. 307. NATIONAL ENVIRONMENTAL POLICY ACT.
Before completing any conveyance under this title, 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. 308. PAYMENT.
(a) Fair Market Value Requirement.--As a condition of the
conveyance under section 302(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 National Historic
Site, the Secretary, acting through the Commissioner of Reclamation,
shall provide to the District a grant in the amount of $52,996, in
accordance with the terms of the Agreement.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Amend the title so as to read: ``To include the Japanese
American Memorial in Bainbridge Island, Washington, in the
Minidoka Internment National Monument, to establish the
Minidoka National Historic Site, to convey the Gooding Division
of the Minidoka Project, and for other purposes.''.
Calendar No. 231
110th CONGRESS
1st Session
H. R. 161
[Report No. 110-101]
_______________________________________________________________________
AN ACT
To adjust the boundary of the Minidoka Internment National Monument to
include the Nidoto Nai Yoni Memorial in Bainbridge Island, Washington,
and for other purposes.
_______________________________________________________________________
June 26, 2007
Reported with an amendment and an amendment to the title