39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–579 

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 

SEPTEMBER 8, 2014.—Referred to the House calendar and ordered to be printed 

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. 

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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 

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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 

* * * * * * * 

TITLE III—NATIONAL PARK SERVICE 

AUTHORIZATIONS 

* * * * * * * 

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Subtitle B—Boundary Adjustments and 

Authorizations 

* * * * * * * 

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 øJAPANESE AMERICAN MEMORIAL¿ JAPA- NESE 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 

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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 

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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 øJAPANESE AMERICAN MEMORIAL¿ 

JAPANESE AMERICAN EXCLUSION MEMORIAL.—The Bainbridge Island øJapanese American Memorial¿ Japanese 

American Exclusion Memorial shall be administered in accordance with subsection (b)(2). 

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(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 NUM- BER 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. 

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(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). 

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(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. 

* * * * * * * 

Æ 

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