[Congressional Record Volume 151, Number 162 (Friday, December 16, 2005)]
[Senate]
[Pages S13793-S13794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAPO (for himself and Mr. Craig):
  S. 2129. A bill to authorize the Secretary of the Interior to convey 
certain land and improvements of the Gooding Division of the Minidoka 
Project, Idaho; to the Committee on Energy and Natural Resources.
  Mr. CRAPO. Mr. President, I am pleased to introduce a bill today to 
formally convey title a portion of the American Falls Reservoir 
District from the Bureau of Reclamation to the National Park Service. 
The Minidoka Internment National Monument Draft General Management Plan 
and Environment Impact Statement proposes the transfer of these two 
publicly owned parcels of land, which are both within and adjacent to 
the existing 73-acre NPS boundary, and have been identified as 
important for inclusion as part of the monument. The sites were both 
within the original 33,000-acre Minidoka Relocation Center that was 
operated by the War Relocation Authority, where approximately 13,500 
Japanese and Japanese Americans were held from 1942 through 1945.
  The smaller 2.31-acre parcel is located in the center of the monument 
in the old warehouse area and includes three historical buildings and 
other important cultural features. The Draft General Management Plan 
proposes to use this site for visitor services, including a Visitor 
Contact Station within an original warehouse to greet visitors and 
provide orientation for the monument. The other, a 7.87-acre parcel, is 
on the east end of the monument and was undeveloped during WWII. The 
NPS proposes to use this area for special events and to provide a site 
for the development of a memorial for the Issei, first-generation 
Japanese immigrants. These two publicly-owned properties are critical 
for long-term development, visitor services, and protection and 
preservation of historical structures and features at Minidoka 
Internment National Monument.

[[Page S13794]]

  I would like to add that this legislation was developed with and is 
strongly supported by both the agencies involved and the local 
communities. I ask my colleagues to join me in enacting this small land 
transfer that we might move a step closer toward properly memorializing 
an important, but often forgotten, chapter of our Nation's history.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2129

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Falls Reservoir 
     District Number 2 Conveyance Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (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.

     SEC. 3. 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, 
     Idaho, 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. 4. 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. 5. COMPLIANCE WITH OTHER LAWS.

       (a) In General.--On conveyance of the land and improvements 
     under section 3(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 Act 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. 6. 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. 7. LIABILITY.

       (a) In General.--Subject to subsection (b), upon completion 
     of a conveyance under section 3, 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. 8. FUTURE BENEFITS.

       (a) Responsibility of the District.--After completion of 
     the conveyance of land and improvements to the District under 
     section 3(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 3(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. 9. 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. 10. PAYMENT.

       (a) Fair Market Value Requirement.--As a condition of the 
     conveyance under section 3(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.
                                 ______