[House Report 113-579]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-579

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  TO MAKE TECHNICAL CORRECTIONS TO PUBLIC LAW 110-229 TO REFLECT THE 
RENAMING OF THE BAINBRIDGE ISLAND JAPANESE AMERICAN EXCLUSION MEMORIAL, 
                         AND FOR OTHER PURPOSES

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 September 8, 2014.--Referred to the House calendar and ordered to be 
                                printed

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 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4751]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4751) to make technical corrections to Public 
Law 110-229 to reflect the renaming of the Bainbridge Island 
Japanese American Exclusion Memorial, and for other purposes, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 4751 is to make technical corrections 
to Public Law 110-229 to reflect the renaming of the Bainbridge 
Island Japanese American Exclusion Memorial.

                  Background and Need for Legislation

    H.R. 4751 updates Section 313 of Public Law 110-229 that 
included the Bainbridge Island Japanese American Memorial 
within the boundary of Minidoka National Historic Site. This 
eight-acre memorial was built on land owned jointly by the City 
of Bainbridge Island and the Bainbridge Island Park and 
Recreation District and is administered by the National Park 
Service in partnership with municipal and non-profit entities. 
The City Council and the Park and Recreation District recently 
renamed the memorial, adding the word ``Exclusion'' to its 
title. H.R. 4751 ensures consistency between the official name 
of the memorial and the memorial that the National Park Service 
is authorized to administer under Public Law 110-229.

                            Committee Action

    H.R. 4751 was introduced on May 28, 2014, by Congressman 
Derek Kilmer (D-WA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On July 9, 2014, 
the Subcommittee on Public Lands and Environmental Regulation 
held a hearing on the bill. On July 16, 2014, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
on Public Lands and Environmental Regulation was discharged by 
unanimous consent. The bill was then adopted and ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 4751--A bill to make technical corrections to Public Law 110-229 
        to reflect the renaming of the Bainbridge Island Japanese 
        American Exclusion Memorial, and for other purposes

    H.R. 4751 would change the name of the Brainbridge Island 
Japanese American Memorial in the state of Washington to the 
Bainbridge Island Japanese American Exclusion Memorial. Based 
on information provided by the Department of the Interior, CBO 
estimates that implementing the bill would have no significant 
effect on the federal budget. Enacting H.R. 4751 would not 
affect direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    H.R. 4751 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. According to CBO, 
the bill would have no significant effect on the federal 
budget.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to make technical corrections to 
Public Law 110-229 to reflect the renaming of the Bainbridge 
Island Japanese American Exclusion Memorial.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

CONSOLIDATED NATURAL RESOURCES ACT OF 2008

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TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS

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Subtitle B--Boundary Adjustments and Authorizations

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SEC. 313. MINIDOKA NATIONAL HISTORIC SITE.

  (a) Definitions.--In this section:
          (1) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
          (2) State.--The term ``State'' means the State of 
        Idaho.
  (b) Bainbridge Island [Japanese American Memorial] Japanese 
American Exclusion Memorial.--
          (1) 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 subsection as the ``memorial''), which--
                          (i) 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
                          (ii) 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 subparagraph 
                (A) shall be kept on file and made available 
                for public inspection in the appropriate 
                offices of the National Park Service.
          (2) 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 
                subsection, the Secretary may enter into 
                agreements with--
                          (i) the City of Bainbridge Island, 
                        Washington;
                          (ii) the Bainbridge Island 
                        Metropolitan Park and Recreational 
                        District;
                          (iii) the Bainbridge Island Japanese 
                        American Community Memorial Committee;
                          (iv) the Bainbridge Island Historical 
                        Society; and
                          (v) other appropriate individuals or 
                        entities.
                  (C) Implementation.--To implement an 
                agreement entered into under this paragraph, 
                the Secretary may--
                          (i) 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
                          (ii) 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.
  (c) Establishment of Minidoka National Historic Site.--
          (1) Definitions.--In this section:
                  (A) Historic site.--The term ``Historic 
                Site'' means the Minidoka National Historic 
                Site established by paragraph (2)(A).
                  (B) 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.
          (2) 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.--
                          (i) In general.--The Minidoka 
                        Internment National Monument (referred 
                        to in this subsection as the 
                        ``Monument''), as described in 
                        Presidential Proclamation 7395 of 
                        January 17, 2001, is abolished.
                          (ii) Incorporation.--The land and any 
                        interests in the land at the Monument 
                        are incorporated within, and made part 
                        of, the Historic Site.
                          (iii) 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''.
          (3) Boundary of historic site.--
                  (A) Boundary.--The boundary of the Historic 
                Site shall include--
                          (i) approximately 292 acres of land, 
                        as depicted on the Minidoka Map; and
                          (ii) approximately 8 acres of land, 
                        as described in subsection 
                        (b)(1)(A)(ii).
                  (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.
          (4) 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--
                          (i) donation;
                          (ii) purchase with donated or 
                        appropriated funds from a willing 
                        seller; or
                          (iii) exchange.
          (5) Administration.--
                  (A) In general.--The Historic Site shall be 
                administered in accordance with--
                          (i) this Act; and
                          (ii) laws (including regulations) 
                        generally applicable to units of the 
                        National Park System, including--
                                  (I) the National Park Service 
                                Organic Act (16 U.S.C. 1 et 
                                seq.); and
                                  (II) the Act of August 21, 
                                1935 (16 U.S.C. 461 et seq.).
                  (B) Interpretation and education.--
                          (i) In general.--The Secretary shall 
                        interpret--
                                  (I) the story of the 
                                relocation of Japanese 
                                Americans during World War II 
                                to the Minidoka Relocation 
                                Center and other centers across 
                                the United States;
                                  (II) the living conditions of 
                                the relocation centers;
                                  (III) the work performed by 
                                the internees at the relocation 
                                centers; and
                                  (IV) the contributions to the 
                                United States military made by 
                                Japanese Americans who had been 
                                interned.
                          (ii) 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.
                          (iii) 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]  japanese american exclusion 
                memorial.--The Bainbridge Island [Japanese 
                American Memorial] Japanese American Exclusion 
                Memorial shall be administered in accordance 
                with subsection (b)(2).
                  (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.
          (6) 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''--
                          (i) 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
                          (ii) 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.
  (d) Conveyance of American Falls Reservoir District Number 
2.--
          (1) Definitions.--In this subsection:
                  (A) 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''.
                  (B) District.--The term ``District'' means 
                the American Falls Reservoir District No. 2, 
                located in Jerome, Lincoln, and Gooding 
                Counties, of the State.
          (2) 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--
                          (i) 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;
                          (ii) 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
                          (iii) 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 subparagraph (A) shall 
                comply with the terms and conditions of the 
                Agreement, to the extent consistent with this 
                section.
          (3) Compliance with other laws.--
                  (A) In general.--On conveyance of the land 
                and improvements under paragraph (2)(A)(i), 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 
                subsection 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.
          (4) 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 subparagraph (A) 
                subject to valid existing rights.
          (5) Liability.--
                  (A) In general.--Subject to subparagraph (B), 
                upon completion of a conveyance under paragraph 
                (2), 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.--Subparagraph (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 
                paragraph increases the liability of the United 
                States beyond that provided in chapter 171 of 
                title 28, United States Code.
          (6) Future benefits.--
                  (A) Responsibility of the district.--After 
                completion of the conveyance of land and 
                improvements to the District under paragraph 
                (2)(A)(i), 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.--
                          (i) In general.--Except as provided 
                        in clause (ii), the District shall not 
                        be eligible to receive Federal funding 
                        to assist in any activity described in 
                        subparagraph (A) relating to land and 
                        improvements transferred under 
                        paragraph (2)(A)(i).
                          (ii) Exception.--Clause (i) shall not 
                        apply to any funding that would be 
                        available to a similarly situated 
                        nonreclamation district, as determined 
                        by the Secretary.
          (7) National environmental policy act.--Before 
        completing any conveyance under this subsection, the 
        Secretary shall complete all actions required under--
                  (A) the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.);
                  (B) the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.);
                  (C) the National Historic Preservation Act 
                (16 U.S.C. 470 et seq.); and
                  (D) all other applicable laws (including 
                regulations).
          (8) Payment.--
                  (A) Fair market value requirement.--As a 
                condition of the conveyance under paragraph 
                (2)(A)(i), the District shall pay the fair 
                market value for the withdrawn lands to be 
                acquired by the District, 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.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated such sums as are necessary to carry out this 
section.

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