II 

110TH CONGRESS 

1ST SESSION S. 916 

To modify the boundary of the Minidoka Internment National Monument, 

to establish the Minidoka National Historic Site, to authorize the Secretary of the Interior to convey certain land and improvements of the 

Gooding Division of the Minidoka Project, Idaho, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 19, 2007 

Mr. CRAIG (for himself, Ms. CANTWELL, Mr. CRAPO, and Mrs. MURRAY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To modify the boundary of the Minidoka Internment National Monument, to establish the Minidoka National 

Historic Site, to authorize the Secretary of the Interior 

to convey certain land and improvements of the Gooding 

Division of the Minidoka Project, Idaho, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Minidoka National Historic Site Act of 2007’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ESTABLISHMENT OF MINIDOKA NATIONAL HISTORIC 

SITE 

Sec. 101. Boundary adjustment. 

Sec. 102. Administration of Monument. 

TITLE II—CONVEYANCE OF AMERICAN FALLS RESERVOIR 

DISTRICT NUMBER 2 

Sec. 201. Definitions. 

Sec. 202. Authority to convey title. 

Sec. 203. Transfer. 

Sec. 204. Compliance with other laws. 

Sec. 205. Revocation of withdrawals. 

Sec. 206. Liability. 

Sec. 207. Future benefits. 

Sec. 208. National Environmental Policy Act. 

Sec. 209. Payment. 

3 TITLE I—ESTABLISHMENT OF 

4 MINIDOKA NATIONAL HIS5 TORIC SITE 

6 SEC. 101. BOUNDARY ADJUSTMENT. 

7 (a) IN GENERAL.—The boundary of the Minidoka In8 ternment National Monument, located in the State of 

9 Idaho and established by Presidential Proclamation 7395 

10 of January 17, 2001, is adjusted to include the Nidoto 

11 Nai Yoni (‘‘Let it not happen again’’) memorial. That me12 morial— 

13 (1) commemorates the Japanese Americans of 

14 Bainbridge Island, Washington, who were the first 

15 to be forcibly removed from their homes and reloVerDate Aug 31 2005 02:42 Mar 20, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S916.IS S916

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1 cated to internment camps during World War II 

2 under Executive Order No. 9066; and 

3 (2) consists of approximately 8 acres of land 

4 owned by the City of Bainbridge Island, Wash5 ington, as depicted on the map titled ‘‘Bainbridge 

6 Island Japanese American Memorial’’, numbered 

7 194/80,003, and dated September, 2006. 

8 (b) MAP.—The map referred to in subsection (a) 

9 shall be kept on file and made available for public inspec10 tion in the appropriate offices of the National Parks Serv11 ice. 

12 SEC. 102. ADMINISTRATION OF MONUMENT. 

13 (a) ADMINISTRATION.—The Secretary of the Interior 

14 (hereinafter in this section referred to as the ‘‘Secretary’’) 

15 shall administer the Nidoto Nai Yoni Memorial as part 

16 of Minidoka Internment National Monument in accord17 ance with— 

18 (1) Presidential Proclamation 7395 of January 

19 17, 2001; 

20 (2) laws and regulations generally applicable to 

21 units of the National Park System, including the Act 

22 of August 25, 1916 (popularly known as the ‘‘Na23 tional Park Service Organic Act’’; 16 U.S.C. 1 et 

24 seq.); and 


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1 (3) any agreements entered into pursuant to 

2 subsection (b). 

3 (b) AGREEMENTS.— 

4 (1) For the purposes of defining the role of the 

5 National Park Service in administering the Nidoto 

6 Nai Yoni Memorial owned by the City of Bainbridge 

7 Island, the Secretary is authorized to enter into 

8 agreements with— 

9 (A) the City of Bainbridge Island; 

10 (B) the Bainbridge Island Metropolitan 

11 Park and Recreational District; 

12 (C) the Bainbridge Island Japanese Amer13 ican Community Memorial Committee; 

14 (D) the Bainbridge Island Historical Soci15 ety; 

16 (E) successor entities to the entities named 

17 in subparagraphs (A) through (D); and 

18 (F) other appropriate individuals or enti19 ties, at the discretion of the Secretary. 

20 (2) In order to implement an agreement pro21 vided for in paragraph (1), the Secretary may— 

22 (A) make grants to the City of Bainbridge 

23 Island for development of an administrative and 

24 interpretive facility for the Nidoto Nai Yoni Me25 morial; 


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1 (B) enter into a cooperative management 

2 agreement with the City of Bainbridge Island, 

3 pursuant to section 3(l) of Public Law 91–383 

4 (16 U.S.C. 1a–2(l); popularly known as the 

5 ‘‘National Park System General Authorities 

6 Act’’), for the purpose of providing assistance 

7 with operation and maintenance of the memo8 rial; 

9 (C) make grants to other non-Federal enti10 ties for other infrastructure projects at the me11 morial, subject to a match of non-Federal fund12 ing equal to the amount of a grant made pursu13 ant to this paragraph; and 

14 (D) make grants or enter into cooperative 

15 agreements with non-Federal entities to support 

16 development of interpretive media for the me17 morial. 

18 (c) ADMINISTRATIVE AND VISITOR USE SITE.—The 

19 Secretary is authorized to operate and maintain a site in 

20 Seattle, Washington, for administrative and visitor use 

21 purposes associated with Minidoka Internment National 

22 Monument, using to the greatest extent practicable the fa23 cilities and other services of the Seattle unit of the Klon24 dike Gold Rush National Historical Park. 


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1 (d) COORDINATION OF INTERPRETIVE AND EDU2 CATIONAL MATERIALS AND PROGRAMS.—The Secretary 

3 shall coordinate the development of interpretive and edu4 cational materials and programs for the Nidoto Nai Yoni 

5 Memorial and the Minidoka Internment National Monu6 ment site in the State of Idaho with the Manzanar Na7 tional Historic Site in the State of California. 

8 TITLE II—CONVEYANCE OF 

9 AMERICAN FALLS RESERVOIR 

10 DISTRICT NUMBER 2 

11 SEC. 201. DEFINITIONS. 

12 In this title: 

13 (1) AGREEMENT.—The term ‘‘Agreement’’ 

14 means Agreement No. 5–07–10–L1688 between the 

15 United States and the District, entitled ‘‘Agreement 

16 Between the United States and the American Falls 

17 Reservoir District No. 2 to Transfer Title to the 

18 Federally Owned Milner-Gooding Canal and Certain 

19 Property Rights, Title and Interest to the American 

20 Falls Reservoir District No. 2’’. 

21 (2) DISTRICT.—The term ‘‘District’’ means the 

22 American Falls Reservoir District No. 2, located in 

23 Jerome, Lincoln, and Gooding Counties, Idaho. 

24 (3) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 


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1 (4) STATE.—The term ‘‘State’’ means the State 

2 of Idaho. 

3 SEC. 202. AUTHORITY TO CONVEY TITLE. 

4 (a) IN GENERAL.—In accordance with all applicable 

5 law and the terms and conditions set forth in the Agree6 ment, the Secretary may convey— 

7 (1) to the District all right, title, and interest 

8 in and to the land and improvements described in 

9 Appendix A of the Agreement, subject to valid exist10 ing rights; 

11 (2) to the city of Gooding, located in Gooding 

12 County, of the State, all right, title, and interest in 

13 and to the 5.0 acres of land and improvements de14 scribed in Appendix D of the Agreement; and 

15 (3) to the Idaho Department of Fish and Game 

16 all right, title, and interest in and to the 39.72 acres 

17 of land and improvements described in Appendix D 

18 of the Agreement. 

19 (b) COMPLIANCE WITH AGREEMENT.—All parties to 

20 the conveyance under subsection (a) shall comply with the 

21 terms and conditions of the Agreement, to the extent con22 sistent with this Act. 

23 SEC. 203. TRANSFER. 

24 As soon as practicable after the date of enactment 

25 of this Act, the Secretary shall direct the Director of the 


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1 National Park Service to include in and manage as a part 

2 of the Minidoka Internment National Monument the 

3 10.18 acres of land and improvements described in Appen4 dix D of the Agreement. 

5 SEC. 204. COMPLIANCE WITH OTHER LAWS. 

6 (a) IN GENERAL.—On conveyance of the land and 

7 improvements under section 202(a)(1), the District shall 

8 comply with all applicable Federal, State, and local laws 

9 (including regulations) in the operation of each facility 

10 transferred. 

11 (b) APPLICABLE AUTHORITY.—Nothing in this title 

12 modifies or otherwise affects the applicability of Federal 

13 reclamation law (the Act of June 17, 1902 (32 Stat. 388, 

14 chapter 1093), and Acts supplemental to and amendatory 

15 of that Act (43 U.S.C. 371 et seq.)) to project water pro16 vided to the District. 

17 SEC. 205. REVOCATION OF WITHDRAWALS. 

18 (a) IN GENERAL.—The portions of the Secretarial 

19 Orders dated March 18, 1908, October 7, 1908, Sep20 tember 29, 1919, October 22, 1925, March 29, 1927, July 

21 23, 1927, and May 7, 1963, withdrawing the approxi22 mately 6,900 acres described in Appendix E of the Agree23 ment for the purpose of the Gooding Division of the 

24 Minidoka Project, are revoked. 


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1 (b) MANAGEMENT OF WITHDRAWN LAND.—The Sec2 retary, acting through the Director of the Bureau of Land 

3 Management, shall manage the withdrawn land described 

4 in subsection (a) subject to valid existing rights. 

5 SEC. 206. LIABILITY. 

6 (a) IN GENERAL.—Subject to subsection (b), upon 

7 completion of a conveyance under section 202, the United 

8 States shall not be liable for damages of any kind for any 

9 injury arising out of an act, omission, or occurrence relat10 ing to the land (including any improvements to the land) 

11 conveyed under the conveyance. 

12 (b) EXCEPTION.—Subsection (a) shall not apply to 

13 liability for damages resulting from an injury caused by 

14 any act of negligence committed by the United States (or 

15 by any officer, employee, or agent of the United States) 

16 before the date of completion of the conveyance. 

17 (c) FEDERAL TORT CLAIMS ACT.—Nothing in this 

18 section increases the liability of the United States beyond 

19 that provided in chapter 171 of title 28, United States 

20 Code. 

21 SEC. 207. FUTURE BENEFITS. 

22 (a) RESPONSIBILITY OF THE DISTRICT.—After com23 pletion of the conveyance of land and improvements to the 

24 District under section 202(a)(1), and consistent with the 

25 Agreement, the District shall assume responsibility for all 


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1 duties and costs associated with the operation, replace2 ment, maintenance, enhancement, and betterment of the 

3 transferred land (including any improvements to the 

4 land). 

5 (b) ELIGIBILITY FOR FEDERAL FUNDING.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the District shall not be eligible to receive 

8 Federal funding to assist in any activity described in 

9 subsection (a) relating to land and improvements 

10 transferred under section 202(a)(1). 

11 (2) EXCEPTION.—Paragraph (1) shall not 

12 apply to any funding that would be available to a 

13 similarly situated nonreclamation district, as deter14 mined by the Secretary. 

15 SEC. 208. NATIONAL ENVIRONMENTAL POLICY ACT. 

16 Before completing any conveyance under this Act, the 

17 Secretary shall complete all actions required under— 

18 (1) the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.); 

20 (2) the Endangered Species Act of 1973 (16 

21 U.S.C. 1531 et seq.); 

22 (3) the National Historic Preservation Act (16 

23 U.S.C. 470 et seq.); and 

24 (4) all other applicable laws (including regula25 tions). 


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1 SEC. 209. PAYMENT. 

2 (a) FAIR MARKET VALUE REQUIREMENT.—As a con3 dition of the conveyance under section 202(a)(1), the Dis4 trict shall pay the fair market value for the withdrawn 

5 lands to be acquired by them, in accordance with the terms 

6 of the Agreement. 

7 (b) GRANT FOR BUILDING REPLACEMENT.—As soon 

8 as practicable after the date of enactment of this Act, and 

9 in full satisfaction of the Federal obligation to the District 

10 for the replacement of the structure in existence on that 

11 date of enactment that is to be transferred to the National 

12 Park Service for inclusion in the Minidoka Internment 

13 National Monument, the Secretary, acting through the 

14 Commission of Reclamation, shall provide to the District 

15 a grant in the amount of $52,996, in accordance with the 

16 terms of the Agreement. 

Æ 


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