H.R. 161 – Reading Mode

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.

Short title

This Act may be cited as the Bainbridge Island Japanese American Monument Act of 2007.

Boundary adjustment

(a)

In general

The boundary of the Minidoka Internment National Monument, located in the State of Idaho and established by Presidential Proclamation 7395 of January 17, 2001, is adjusted to include the Nidoto Nai Yoni (Let it not happen again) memorial. That memorial—

(1)

commemorates the Japanese Americans of Bainbridge Island, Washington, who were the first to be forcibly removed from their homes and relocated to internment camps during World War II under Executive Order No. 9066; and

(2)

consists of approximately 8 acres of land owned by the City of Bainbridge Island, Washington, as depicted on the map titled Bainbridge Island Japanese American Memorial, numbered 194/80,003, and dated September, 2006.

(b)

Map

The map referred to in subsection (a) shall be kept on file and made available for public inspection in the appropriate offices of the National Parks Service.

Administration of Monument

(a)

Administration

The Secretary of the Interior (hereinafter in this section referred to as the Secretary) shall administer the Nidoto Nai Yoni Memorial as part of Minidoka Internment National Monument in accordance with—

(1)

Presidential Proclamation 7395 of January 17, 2001;

(2)

laws and regulations generally applicable to units of the National Park System, including the Act of August 25, 1916 (popularly known as the National Park Service Organic Act,; 16 U.S.C. 1 et seq); and

(3)

any agreements entered into pursuant to subsection (b).

(b)

Agreements

(1)

For the purposes of defining the role of the National Park Service in administering the Nidoto Nai Yoni Memorial owned by the City of Bainbridge Island, the Secretary is authorized to enter into agreements with—

(A)

the City of Bainbridge Island;

(B)

the Bainbridge Island Metropolitan Park and Recreational District;

(C)

the Bainbridge Island Japanese American Community Memorial Committee;

(D)

the Bainbridge Island Historical Society;

(E)

successor entities to the entities named in subparagraphs (A) through (D); and

(F)

other appropriate individuals or entities, at the discretion of the Secretary.

(2)

In order to implement an agreement provided for in paragraph (1), the Secretary may—

(A)

make grants to the City of Bainbridge Island for development of an administrative and interpretive facility for the Nidoto Nai Yoni Memorial;

(B)

enter into a cooperative management agreement with the City of Bainbridge Island, pursuant to section 3(l) of Public Law 91–383 (16 U.S.C. 1a–2(l); popularly known as the National Park System General Authorities Act), for the purpose of providing assistance with operation and maintenance of the memorial;

(C)

make grants to other non-Federal entities for other infrastructure projects at the memorial, subject to a match of non-Federal funding equal to the amount of a grant made pursuant to this paragraph; and

(D)

make grants or enter into cooperative agreements with non-Federal entities to support development of interpretive media for the memorial.

(c)

Administrative and visitor use site

The Secretary is authorized to operate and maintain a site in Seattle, Washington, for administrative and visitor use purposes associated with Minidoka Internment National Monument, using to the greatest extent practicable the facilities and other services of the Seattle unit of the Klondike Gold Rush National Historical Park.

(d)

Coordination of interpretive and educational materials and programs

The Secretary shall coordinate the development of interpretive and educational materials and programs for the Nidoto Nai Yoni Memorial and the Minidoka Internment National Monument site in the State of Idaho with the Manzanar National Historic Site in the State of California.

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.

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.

Bainbridge Island Japanese American Memorial

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)

(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.

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.

Establishment of Minidoka National Historic Site

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.

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.

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.

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.

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.

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.

III

Conveyance of American Falls Reservoir District Number 2

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.

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.

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.

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.

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.

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.

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).

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.

Authorization of appropriations

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..

June 26, 2007

Reported with an amendment and an amendment to the title