[Senate Report 110-101]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 231
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-101

======================================================================
 
        BAINBRIDGE ISLAND JAPANESE AMERICAN MONUMENT ACT OF 2007

                                _______
                                

                 June 26, 2007.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 161]

    The Committee on the Energy and Natural Resources, to which 
was referred the Act (H.R. 161), 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, having considered the same, reports favorably thereon 
with an amendment and an amendment to the title and recommends 
that the Act, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

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.

    2. 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.''.

                         PURPOSE OF THE MEASURE

    As ordered reported, the purposes of H.R. 161 are to 
designate the 8-acre Nidoto Nai Yoni (``let it not happen 
again'') memorial located on Bainbridge Island, Washington, as 
an addition to the Minidoka Internment National Monument in 
Idaho; to redesignate the monument as the Minidoka National 
Historic Site; and to authorize the Bureau of Reclamation to 
transfer title to certain lands in Idaho to the American Falls 
Reservoir Disctrict No. 2.

                          BACKGROUND AND NEED

    The Minidoka Internment National Monument was established 
by President Clinton by presidential proclamation on January 
17, 2001, under the authority of the Antiquities Act. The 75-
acre monument, which is located in south-central Idaho, 
protects historic structures and sites related to the 
internment of Japanese Americans during World War II.
    On February 19, 1942, President Franklin Roosevelt signed 
Executive Order 9066, which authorized the War Department to 
establish areas in the United States ``from which any or all 
persons may be excluded, and with respect to which, the right 
of any person to enter, remain in, or leave shall be subject to 
whatever restrictions the Secretary of War or the appropriate 
Military Commander may impose in his discretion.'' The War 
Department established Military Areas No. 1 and 2, which 
encompassed the western coastal States and the southern half of 
Arizona, from which Japanese Americans were forced to leave 
their homes. Initially voluntary resettlement to areas outside 
the exclusion zones was encouraged, but mandatory incarceration 
soon followed.
    From 1942 to 1945, the Minidoka site was a War Relocation 
Authority facility, which incarcerated nearly 13,000 Nikkei 
(Japanese American citizens and legal resident aliens of 
Japanese ancestry) from Washington, Oregon, California, and 
Alaska. In total, nearly 120,000 Nikkei were forced into 10 of 
these facilities located in rural areas throughout the west and 
in Arkansas.
    In 2002, Congress enacted Public Law 107-363, which 
directed the National Park Service to conduct a study of the 
Eagledale Ferry Dock site on Bainbridge Island, Washington, 
located across the Puget Sound from Seattle. It was from this 
site in 1942 that Japanese Americans from Bainbridge Island 
were taken against their will from their homes and sent to 
internment camps in accordance with Executive Order 9066. 
Because of the military importance of the Puget Sound region, 
the 227 Japanese American residents of the island were the 
first Nikkei who were placed in internment camps during World 
War II. The study was completed in November 2005, and concluded 
that the Bainbridge Island memorial is a nationally important 
resource that provides an important component of the two park 
units that commemorate the internment of Japanese Americans 
during World War II. The study recommended that the memorial be 
designated as a satellite site to the Minidoka Internment 
National Monument, which is the designation made by H.R. 161.
    Title III of H.R. 161, as ordered reported, provides for a 
conveyance of property from the United States to the American 
Falls Reservoir District Number 2 in Idaho. In 2005, the 
American District and the United States entered into an 
agreement to transfer title for federally-owned facilities and 
land associated with the Gooding Division of the Minidoka 
Project from the United States to the District. This agreement 
was the result of years of work by the Bureau of Reclamation 
and the District. The District contends that transfer of the 
facility and lands will simplify the administrative actions 
associated with the operations and maintenance of the 
facilities. The District has met its repayment obligation for 
costs relating to the construction of facilities, roads, canals 
and fees associated with the acquisition of land. The District 
also identified a parcel of land currently owned by the United 
States to which it would like to obtain title. H.R. 161 directs 
the Secretary of Interior to transfer the parcel after the 
District pays fair market value for the parcel. The bill also 
directs the Secretary of the Interior to transfer various other 
parcels of land identified in the Agreement to other 
governmental entities.

                          LEGISLATIVE HISTORY

    H.R. 161, sponsored by Representative Inslee, passed the 
House of Representatives by a voice vote on February 6, 2007. A 
companion measure, S. 916, was introduced by Senators Craig, 
Cantwell, Crapo, and Murray on March 19, 2007. In the 109th 
Congress, Senators Cantwell and Murray introduced S. 3905, the 
``Bainbridge Island Japanese American Monument Act of 2006,'' 
although no further action was taken on that bill. Also in the 
109th Congress, Senators Crapo and Craig introduced S. 2129, 
the ``American Falls Reservoir District Number 2 Conveyance 
Act.'' The Subcommittee on Water and Power held a hearing on S. 
2129 on June 28, 2006 (S. Hrg. 109-677).
    The Subcommittee on National Parks held a hearing on H.R. 
161 and S. 916 on May 15, 2007.
    At its business meeting on May 23, 2007, the Committee on 
Energy and Natural Resources ordered H.R. 161 favorably 
reported, with an amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on May 23, 2007, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass H.R. 
161, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 161, the Committee adopted 
an amendment in the nature of a substitute. As passed by the 
House of Representatives, H.R. 161 provided for the addition of 
the Nidoto Nai Yoni Memorial on Bainbridge Island, Washington, 
as a satellite unit of the Minidoka Internment National 
Monument. S. 916 redesignated the National Monument as the 
Minidoka National Historic Site and provided for the conveyance 
of certain Bureau of Reclamation lands in Idaho to the American 
Falls Reservoir District Number 2.
    The substitute amendment combines the provisions of H.R. 
161 and the Senate companion measure, S. 916, and incorporates 
recommendations made by the National Park Service at the 
Subcommittee hearing.
    The amendment is explained in detail in the section-by-
section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1(a) provides the short title, the ``Minidoka 
National Historic Site Act.''
    Subsection (b) lists the table of contents.
    Section 2 defines the terms ``Secretary'' to mean the 
Secretary of the Interior and ``State'' to mean the State of 
Idaho.

         Title I--Bainbridge Island Japanese American Memorial

    Section 101(a) adjusts the boundary of the Minidoka 
Internment National Monument in Idaho to include approximately 
8 acres on Bainbridge Island, Washington, as the Nidoto Nai 
Yoni (``Let it not happen again'') memorial, as depicted on the 
referenced map.
    Subsection (b) provides that the map referred to in 
subsection (a) shall be kept on file and available for public 
inspection in the appropriate offices of the National Park 
Service.
    Section 102(a) provides that the memorial shall be 
administered as part of the Minidoka Internment National 
Monument (redesignated in title II as the Minidoka National 
Historic Site).
    Subsection (b) authorizes the Secretary of the Interior to 
carry out the administration of the memorial through 
cooperative agreements with the city of Bainbridge Island, the 
Bainbridge Island Metropolitan Park and Recreation District, 
the Bainbridge Island Japanese American Community Memorial 
Committee, the Bainbridge Island Historical Society, and other 
appropriate individuals or entities.
    Subsection (c) states that the Secretary may implement a 
cooperative agreement relating to the operation and maintenance 
of the memorial in accordance with section 3(l) of Public Law 
91-383, commonly referred to as the National Park System 
General Authorities Act. The subsection also authorizes the 
Secretary to enter into cooperative agreements with, or make 
grants to, the city of Bainbridge Island and other non-Federal 
entities for the development of facilities, infrastructure, and 
interpretive media at the memorial, as long as any Federal 
funding is matched with non-Federal funds.
    Subsection (d) authorizes the Secretary to operate and 
maintain an administrative and visitor center associated with 
the National Monument (and redesignated as a National Historic 
Site) in the State of Washington.

               Title II--Minidoka National Historic Site

    Section 201 defines the terms ``historic site'' to mean the 
Minidoka National Historic Site and ``Minidoka Map'' to mean 
the boundary map referenced by the bill.
    Section 202(a) establishes the Minidoka National Historic 
Site in Idaho. The historic site consists of the previously 
designated Minidoka Internment National Monument plus 
additional lands added by this Act.
    Subsection (b) abolishes the Minidoka Internment National 
Monument established under Presidential Proclamation 7395 on 
January 17, 2001. The monument lands are incorporated into and 
made part of the National Historic Site.
    Subsection (c) provides that any reference in law to the 
Minidoka Internment National Monument shall be considered to be 
a reference to the National Historic Site.
    Section 203(a) states that the boundary of the National 
Historic Site shall include approximately 292 acres in Idaho 
and 8 acres in Washington (the memorial on Bainbridge Island 
authorized in title I).
    Subsection (b) requires that the park boundary map be on 
file and available for public inspection in the appropriate 
offices of the National Park Service.
    Section 204(a) transfers administrative jurisdiction over 
two parcels of land from the Bureau of Reclamation to the 
National Park Service, for inclusion in the National Historic 
Site. The two parcels total approximately 10 acres.
    Subsection (b) transfers administrative jurisdiction over 
an 80-acre parcel from the Bureau of Land Management to the 
National Park Service, for inclusion in the National Historic 
Site.
    Subsection (c) authorizes the Secretary of the Interior to 
acquire lands or interests therein within the National Historic 
Site by donation, purchase from a willing seller with donated 
or appropriated funds, or exchange.
    Section 205(a) provides that the National Historic Site 
shall be administered in accordance with this Act and laws 
generally applicable to units of the National Park System, 
including the National Park Service Organic Act and the 
Historic Sites Act of 1935.
    Subsection (b) directs the Secretary, in administering the 
National Historic Site, to interpret the story of the 
relocation of Japanese Americans during World War II, the 
living conditions at the relocation centers, the work performed 
by the internees at the relocation centers and the 
contributions to the United States made by Japanese Americans 
who had been interned. To the extent feasible, oral histories 
and testimonials are to be part of the interpretive program.
    Subsection (c) directs that the Bainbridge Island Japanese 
American Memorial shall be administered in accordance with 
section 102.
    Subsection (d) authorizes the Secretary to allow for 
continued agricultural uses within the National Historic Site 
under appropriate terms and conditions.
    Section 206 authorizes the Secretary to issue a disclaimer 
of interest in approximately 8.7 acres of land to Jerome 
County, Idaho, in accordance with section 315(b) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1745(b)). The 
disclaimer shall have the same effect as a quit-claim deed 
issued by the United States.

Title III--Conveyance of Lands to American Falls Reservoir District 
        Number 2

    Section 301 defines the terms ``agreement'' to mean an 
identified numbered agreement between the United States and the 
American Falls Reservoir District Number 2 to transfer title to 
the federally-owned Milner-Gooding Canal, and the term 
``District'' to mean the American Falls Reservoir District 
Number 2.
    Section 302(a) authorizes the Secretary of the Interior to 
convey, in accordance with the agreement, the land and 
facilities to the District, as well as 5 acres to the city of 
Gooding, Idaho, and approximately 40 acres to the Idaho 
Department of Fish and Game.
    Subsection (b) requires that all parties to the conveyances 
listed in subsection (a) comply with the terms and conditions 
of the agreement, to the extent consistent with this Act.
    Section 303(a) requires the District to comply with all 
applicable Federal, State, and local laws in the operation of 
the transferred facility.
    Subsection (b) clarifies that nothing in this title 
modifies or otherwise affects the applicability of Federal 
reclamation law to project water provided to the District.
    Section 304 revokes certain Secretarial withdrawals to 
approximately 6,900 acres of land for Gooding Division of the 
Minidoka Project, as described in the appendix to the 
agreement. The Bureau of Land Management is directed to manage 
the land, subject to valid existing rights.
    Section 305(a) provides that the United States shall not be 
liable for damages of any kind with respect to the transferred 
lands, upon completion of the transfer.
    Subsection (b) contains an exception to subsection (a), 
concerning damage resulting from an injury caused by any act of 
negligence committed by the United States or any of its 
employees or agents before the completion of the conveyance.
    Section 306(a) requires the District to assume 
responsibility for all duties and costs associated with the 
operation, maintenance, and improvement of the transferred 
facilities after the completion of the conveyance.
    Subsection (b) states that the District shall not be 
entitled to receive Federal funding relating to the transferred 
land and improvements, unless the funding would be available to 
a similarly situated non-reclamation district.
    Section 307 requires the Secretary to complete all actions 
required under the National Environmental Policy Act, the 
Endangered Species Act, the National Historic Preservation Act, 
and other applicable laws, prior to completing the conveyance 
to the District.
    Section 308(a) requires the District to pay fair market 
value for the withdrawn lands acquired by them as a condition 
of the conveyance.
    Subsection (b) directs the Secretary, as soon as 
practicable after the date of enactment of this Act, to provide 
the District a $52,996 grant for the replacement of an existing 
structure transferred to the National Park Service under this 
Act.

               Title IV--Authorization of Appropriations

    Section 401 authorizes the appropriation of such sums as 
are necessary to carry out this Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

H.R. 161--Bainbridge Island Japanese American Monument Act of 2007

    H.R. 161 would adjust the boundary of the Minidoka 
Internment National Monument in Idaho to include the Nidoto Nai 
Yoni memorial, an eight-acre site on Bainbridge Island, 
Washington. CBO estimates that implementing this legislation 
would cost about $1.5 million over the next five years, 
assuming the availability of appropriated funds. Enacting H.R. 
161 would have no effect on revenues or direct spending.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
The city of Bainbridge Island would benefit from the federal 
assistance authorized by this legislation, and any costs 
incurred by the city or by other public agencies to match these 
federal funds would be incurred voluntarily.
    Under H.R. 161, the Nidoto Nai Yoni memorial would be 
administered by the National Park Service (NPS) as part of the 
Minidoka unit but would continue to be owned and operated by 
the city of Bainbridge Island. The act would authorize the NPS 
to make grants to the city and other nonfederal entities for 
the development of administrative and interpretive facilities. 
Finally, the act would authorize the agency to assist the city 
in operating the memorial.
    Based on information provided by the NPS and assuming the 
availability of appropriated funds, CBO estimates that the 
agency would spend about $500,000 over the next year or two to 
finance about half of the cost of facility construction at the 
memorial. We estimate that the agency would spend an additional 
$200,000 annually for additional park staff and other operating 
costs at the memorial and at nearby NPS facilities beginning in 
2008.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 161. The Act is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 161, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
May 15, 2007 Subcommittee hearing follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                    U.S. Department of the Interior

    Mr. Chairman, thank you for the opportunity to provide the 
Department of the Interior's views on S. 916 and H.R. 161. Both 
bills would authorize the addition of the Nidoto Nai Yoni 
Memorial on Bainbridge Island, Washington to the boundary of 
the Minidoka Internment National Monument in Idaho. S. 916 
would also authorize the conveyance of certain facilities, 
buildings and lands of the Gooding Division of the Minidoka 
Project in Idaho to the American Falls Reservoir District #2.
    The Department supports the goals of both S. 916 and H.R. 
161.
    Minidoka Internment National Monument, in southern Idaho, 
was established by Presidential Proclamation in 2001 to provide 
opportunities for public education and interpretation of the 
internment of Japanese Americans during World War II. It is one 
of two units (the other being Manzanar National Historic Site 
in California) where the National Park Service documents and 
describes the experiences of the almost 120,000 Japanese 
Americans who were forced from their homes on the West Coast 
and in southern Arizona during World War II under Executive 
Order 9066. Most spent the next three years in one of ten 
``relocation centers'' across the country run by the War 
Relocation Authority. More than 13,000 Japanese Americans were 
incarcerated at the Minidoka Relocation Center, which was in 
operation from August 10, 1942 to October 28, 1945.
    H.R. 161, which was passed by the House on February 6, 
2007, and Title I of S. 916 would include the Bainbridge Island 
Japanese American Memorial in Washington in the boundary of the 
Minidoka Internment National Monument. The legislation would 
implement the recommendations of the study that the National 
Park Service conducted in accordance with Public Law 107-363, 
the Bainbridge Island Japanese American Memorial Study Act of 
2002.
    The official name of the Japanese American memorial is 
``Nidoto Nai Yoni,'' which means ``let it not happen again.'' 
It commemorates the Bainbridge Island residents who were the 
first group of Japanese Americans to be forcibly removed from 
their homes and relocated to internment camps. On the morning 
of March 30, 1942, 227 Bainbridge Island Nikkei were assembled 
at the Eagledale Ferry Dock on Bainbridge Island and 
transported to Seattle, where they were placed on a train that 
sent them to the Owens Valley Reception Center located at 
Manzanar, California. Most subsequently requested transfer to 
the Minidoka Relocation Center to join other Nikkei being sent 
there from Seattle, Portland, and other Pacific Northwest 
areas. The addition of the Bainbridge Island Memorial to the 
Minidoka Internment National Monument would make this direct 
connection between the two sites, and provide more context and 
depth to the broader story of Japanese American internment.
    The Nidoto Nai Yoni Memorial site consists of approximately 
8 acres of land owned by the City of Bainbridge Island, 
Washington. Under S. 916 and H.R. 161, as called for by the 
National Park Service's study, the site would be managed 
through a partnership arrangement between the National Park 
Service and other public and private entities, and costs would 
be shared among the partners. The estimate for the one-time 
cost to the National Park Service for development is $350,000 
to $400,000 for facility construction and interpretive media, 
using a 50/50 match with non-federal partners. Additionally, 
the National Park Service would contribute to the operational 
costs for the site by funding one permanent and up to three 
seasonal interpretive employees at an annual cost of up to 
$200,000 included in Minidoka Internment National Monument's 
operating budget. The principal role of the National Park 
Service at the Nidoto Nai Yoni Memorial site would be in the 
area of public interpretation and education.
    Title II of S. 916 would authorize the title transfer of 
federally owned facilities, buildings, and lands that are part 
of the Gooding Division of the Minidoka Project from the Bureau 
of Reclamation to the American Falls Reservoir District #2.
    Reclamation law and policy contemplate the transfer of 
projects to local entities where and when such transfer is 
appropriate. In 1995, the Bureau of Reclamation began an effort 
to facilitate the transfer of title to Reclamation projects and 
facilities in a consistent and comprehensive way. Reclamation 
developed a process known as the Framework for the Transfer of 
Title--a process whereby interested non-federal entities would 
work with and through Reclamation to identify and address all 
of the issues that would enable the title transfer to move 
forward. Once completed, Reclamation and the entity interested 
in taking title would work with the Congress to gain the 
necessary authorization for such a title transfer. In the case 
of the transfer authorized by this bill, Reclamation and the 
American Falls Reservoir District #2 have worked 
collaboratively and efficiently to successfully address all the 
elements of Reclamation's title transfer policy framework.
    One of the Administration's goals in title transfer is to 
protect the financial interest of the United States. In this 
case, the full costs of all facilities, buildings, and acquired 
lands to be transferred, including its central feature, the 
Milner-Gooding Canal, have already been repaid pursuant to the 
District's amendatory repayment contract. The District has also 
identified some withdrawn lands for which they would like to 
gain title and have agreed to pay the fair market appraised 
value for these lands. There are no ongoing revenue streams 
associated with the facilities, buildings, and lands. Because 
the District has fulfilled its repayment obligation under its 
contract, payment is required only for the additional withdrawn 
lands that the District has proposed for title transfer.
    While the focus of Title II is the transfer of the 
Reclamation facilities to the American Falls Reservoir District 
#2, it also directs Reclamation to transfer title for specific 
smaller parcels to the National Park Service, the Bureau of 
Land Management, the State of Idaho, and the City of Gooding, 
since those entities currently manage the relevant lands. 
Reclamation has worked closely with the National Park Service 
and the other entities to craft the language that appears in 
the transfer agreement.
    Two of the smaller parcels, equaling 10.18 acres, would be 
added to the boundary of Minidoka Internment National Monument, 
as called for in the monument's recently approved General 
Management Plan (GMP). The smaller parcel is located in the 
historic warehouse area and contains three buildings from the 
historic period as well as numerous warehouse foundations. This 
area would be used as the primary site for visitor orientation 
and information. An existing historic warehouse would be 
adapted to serve as a visitor contact station and central 
trailhead for visitor self-guided walking tours. The larger 
parcel on the east end of the national monument was part of the 
original Relocation Center and was never developed. It would be 
used as an overflow parking area and for special events.
    The reason the smaller parcel was not included in the 
original boundary for the Minidoka Internment National Monument 
is because the American Falls Reservoir District #2 occupied 
the buildings. After the monument was established, however, the 
National Park Service, Reclamation, and American Falls 
Reservoir District #2 entered into an agreement to move the 
District's operations to a site outside the national monument's 
boundary, and that relocation is now nearly complete. The 
National Park Service has obligated $250,000 to the Bureau of 
Reclamation for relocation costs. The payment of $52,996 that 
S. 916 provides for Reclamation to make to the District 
represents the final portion of the agreed-upon payment that 
originated with the National Park Service.
    Mr. Chairman, that concludes my testimony. We would be 
pleased to work with the Committee and the sponsors of S. 916 
and H.R. 161 as the legislation moves forward. I would be happy 
to answer any questions you or other members of the Committee 
may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 161, as 
ordered reported.


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