II 

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. 

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. 

4 This Act may be cited as the ‘‘Bainbridge Island Jap5 anese American Monument Act of 2007’’. 


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1 SEC. 2. BOUNDARY ADJUSTMENT. 

2 (a) IN GENERAL.—The boundary of the Minidoka In3 ternment National Monument, located in the State of 

4 Idaho and established by Presidential Proclamation 7395 

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

6 Nai Yoni (‘‘Let it not happen again’’) memorial. That me7 morial— 

8 (1) commemorates the Japanese Americans of 

9 Bainbridge Island, Washington, who were the first 

10 to be forcibly removed from their homes and relo11 cated to internment camps during World War II 

12 under Executive Order No. 9066; and 

13 (2) consists of approximately 8 acres of land 

14 owned by the City of Bainbridge Island, Wash15 ington, as depicted on the map titled ‘‘Bainbridge 

16 Island Japanese American Memorial’’, numbered 

17 194/80,003, and dated September, 2006. 

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

19 shall be kept on file and made available for public inspec20 tion in the appropriate offices of the National Parks Serv21 ice. 

22 SEC. 3. ADMINISTRATION OF MONUMENT. 

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

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

25 shall administer the Nidoto Nai Yoni Memorial as part 


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1 of Minidoka Internment National Monument in accord2 ance with— 

3 (1) Presidential Proclamation 7395 of January 

4 17, 2001; 

5 (2) laws and regulations generally applicable to 

6 units of the National Park System, including the Act 

7 of August 25, 1916 (popularly known as the ‘‘Na8 tional Park Service Organic Act,’’; 16 U.S.C. 1 et 

9 seq); and 

10 (3) any agreements entered into pursuant to 

11 subsection (b). 

12 (b) AGREEMENTS.— 

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

14 National Park Service in administering the Nidoto 

15 Nai Yoni Memorial owned by the City of Bainbridge 

16 Island, the Secretary is authorized to enter into 

17 agreements with— 

18 (A) the City of Bainbridge Island; 

19 (B) the Bainbridge Island Metropolitan 

20 Park and Recreational District; 

21 (C) the Bainbridge Island Japanese Amer22 ican Community Memorial Committee; 

23 (D) the Bainbridge Island Historical Soci24 ety; 


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1 (E) successor entities to the entities named 

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

3 (F) other appropriate individuals or enti4 ties, at the discretion of the Secretary. 

5 (2) In order to implement an agreement pro6 vided for in paragraph (1), the Secretary may— 

7 (A) make grants to the City of Bainbridge 

8 Island for development of an administrative and 

9 interpretive facility for the Nidoto Nai Yoni Me10 morial; 

11 (B) enter into a cooperative management 

12 agreement with the City of Bainbridge Island, 

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

14 (16 U.S.C. 1a–2(l); popularly known as the 

15 ‘‘National Park System General Authorities 

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

17 with operation and maintenance of the memo18 rial; 

19 (C) make grants to other non-Federal enti20 ties for other infrastructure projects at the me21 morial, subject to a match of non-Federal fund22 ing equal to the amount of a grant made pursu23 ant to this paragraph; and 

24 (D) make grants or enter into cooperative 

25 agreements with non-Federal entities to support 


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1 development of interpretive media for the me2 morial. 

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

4 Secretary is authorized to operate and maintain a site in 

5 Seattle, Washington, for administrative and visitor use 

6 purposes associated with Minidoka Internment National 

7 Monument, using to the greatest extent practicable the fa8 cilities and other services of the Seattle unit of the Klon9 dike Gold Rush National Historical Park. 

10 (d) COORDINATION OF INTERPRETIVE AND EDU11 CATIONAL MATERIALS AND PROGRAMS.—The Secretary 

12 shall coordinate the development of interpretive and edu13 cational materials and programs for the Nidoto Nai Yoni 

14 Memorial and the Minidoka Internment National Monu15 ment site in the State of Idaho with the Manzanar Na16 tional Historic Site in the State of California. 

17 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

19 ‘‘Minidoka National Historic Site Act’’. 

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

21 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. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 the Secretary of the Interior. 

5 (2) STATE.—The term ‘‘State’’ means the State 

6 of Idaho. 

7 TITLE I—BAINBRIDGE ISLAND 

8 JAPANESE AMERICAN MEMO9 RIAL 

10 SEC. 101. BOUNDARY ADJUSTMENT. 

11 (a) IN GENERAL.—The boundary of the Minidoka In12 ternment National Monument, located in the State and es13 tablished by Presidential Proclamation 7395 of January 

14 17, 2001, is adjusted to include the Nidoto Nai Yoni (‘‘Let 


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1 it not happen again’’) memorial (referred to in this title 

2 as the ‘‘memorial’’), which— 

3 (1) commemorates the Japanese Americans of 

4 Bainbridge Island, Washington, who were the first to 

5 be forcibly removed from their homes and relocated to 

6 internment camps during World War II under Execu7 tive Order No. 9066; and 

8 (2) consists of approximately 8 acres of land 

9 owned by the City of Bainbridge Island, Washington, 

10 as depicted on the map entitled ‘‘Bainbridge Island 

11 Japanese American Memorial’’, numbered 194/80,003, 

12 and dated September, 2006. 

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

14 be kept on file and made available for public inspection 

15 in the appropriate offices of the National Park Service. 

16 SEC. 102. ADMINISTRATION OF MEMORIAL. 

17 (a) IN GENERAL.—The memorial shall be adminis18 tered as part of the Minidoka Internment National Monu19 ment. 

20 (b) AGREEMENTS.—To carry out this title, the Sec21 retary may enter into agreements with— 

22 (1) the City of Bainbridge Island, Washington; 

23 (2) the Bainbridge Island Metropolitan Park 

24 and Recreational District; 


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1 (3) the Bainbridge Island Japanese American 

2 Community Memorial Committee; 

3 (4) the Bainbridge Island Historical Society; 

4 and 

5 (5) other appropriate individuals or entities. 

6 (c) IMPLEMENTATION.—To implement an agreement 

7 entered into under subsection (a), the Secretary may— 

8 (1) enter into a cooperative management agree9 ment relating to the operation and maintenance of 

10 the memorial with the City of Bainbridge Island, 

11 Washington, in accordance with section 3(l) of Public 

12 law 91–383 (16 U.S.C. 1a–2(l)); and 

13 (2) enter into cooperative agreements with, or 

14 make grants to, the City of Bainbridge Island, Wash15 ington, and other non-Federal entities for the develop16 ment of facilities, infrastructure, and interpretive 

17 media at the memorial, if any Federal funds provided 

18 by a grant or through a cooperative agreement are 

19 matched with non-Federal funds. 

20 (d) ADMINISTRATION AND VISITOR USE SITE.—The 

21 Secretary may operate and maintain a site in the State 

22 of Washington for administrative and visitor use purposes 

23 associated with the Minidoka Internment National Monu24 ment. 


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1 TITLE II—ESTABLISHMENT OF 

2 MINIDOKA NATIONAL HIS3 TORIC SITE 

4 SEC. 201. DEFINITIONS. 

5 In this title: 

6 (1) HISTORIC SITE.—The term ‘‘Historic Site’’ 

7 means the Minidoka National Historic Site estab8 lished by section 202(a). 

9 (2) MINIDOKA MAP.—The term ‘‘Minidoka Map’’ 

10 means the map entitled ‘‘Minidoka National Historic 

11 Site, Proposed Boundary Map’’, numbered 194/ 

12 80,004, and dated December 2006. 

13 SEC. 202. ESTABLISHMENT. 

14 (a) NATIONAL HISTORIC SITE.—In order to protect, 

15 preserve, and interpret the resources associated with the 

16 former Minidoka Relocation Center where Japanese Ameri17 cans were incarcerated during World War II, there is estab18 lished the Minidoka National Historic Site. 

19 (b) MINIDOKA INTERNMENT NATIONAL MONUMENT.— 

20 (1) IN GENERAL.—The Minidoka Internment 

21 National Monument (referred to in this title as the 

22 ‘‘Monument)’’, as described in Presidential Proclama23 tion 7395 of January 17, 2001, is abolished. 


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1 (2) INCORPORATION.—The land and any inter2 ests in the land at the Monument are incorporated 

3 within, and made part of, the Historic Site. 

4 (3) FUNDS.—Any funds available for purposes of 

5 the Monument shall be available for the Historic Site. 

6 (c) REFERENCES.—Any reference in a law (other than 

7 in this title), map, regulation, document, record, or other 

8 paper of the United States to the ‘‘Minidoka Internment 

9 National Monument’’ shall be considered to be a reference 

10 to the ‘‘Minidoka National Historic Site’’. 

11 SEC. 203. BOUNDARY OF HISTORIC SITE. 

12 (a) BOUNDARY.—The boundary of the Historic Site 

13 shall include— 

14 (1) approximately 292 acres of land, as depicted 

15 on the Minidoka Map; and 

16 (2) approximately 8 acres of land, as described 

17 in section 101(a)(2). 

18 (b) AVAILABILITY OF MAP.—The Minidoka Map shall 

19 be on file and available for public inspection in the appro20 priate offices of the National Park Service. 

21 SEC. 204. LAND TRANSFERS AND ACQUISITION. 

22 (a) TRANSFER FROM BUREAU OF RECLAMATION.— 

23 Administrative jurisdiction over the land identified on the 

24 Minidoka Map as ‘‘BOR parcel 1’’ and ‘‘BOR parcel 2’’, 

25 including any improvements on, and appurtenances to, the 


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1 parcels, is transferred from the Bureau of Reclamation to 

2 the National Park Service for inclusion in the Historic Site. 

3 (b) TRANSFER FROM BUREAU OF LAND MANAGE4 MENT.—Administrative jurisdiction over the land identi5 fied on the Minidoka Map as ‘‘Public Domain Lands’’ is 

6 transferred from the Bureau of Land Management to the 

7 National Park Service for inclusion in the Historic Site, 

8 and the portions of any prior Secretarial orders with9 drawing the land are revoked. 

10 (c) ACQUISITION AUTHORITY.—The Secretary may ac11 quire any land or interest in land located within the bound12 ary of the Historic Site, as depicted on the Minidoka Map, 

13 by— 

14 (1) donation; 

15 (2) purchase with donated or appropriated funds 

16 from a willing seller; or 

17 (3) exchange. 

18 SEC. 205. ADMINISTRATION. 

19 (a) IN GENERAL.—The Historic Site shall be adminis20 tered in accordance with— 

21 (1) this Act; and 

22 (2) laws (including regulations) generally appli23 cable to units of the National Park System, includ24 ing— 


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1 (A) the National Park Service Organic Act 

2 (16 U.S.C. 1 et seq.); and 

3 (B) the Act of August 21, 1935 (16 U.S.C. 

4 461 et seq.). 

5 (b) INTERPRETATION AND EDUCATION.— 

6 (1) IN GENERAL.—The Secretary shall inter7 pret— 

8 (A) the story of the relocation of Japanese 

9 Americans during World War II to the Minidoka 

10 Relocation Center and other centers across the 

11 United States; 

12 (B) the living conditions of the relocation 

13 centers; 

14 (C) the work performed by the internees at 

15 the relocation centers; and 

16 (D) the contributions to the United States 

17 military made by Japanese Americans who had 

18 been interned. 

19 (2) ORAL HISTORIES.—To the extent feasible, the 

20 collection of oral histories and testimonials from Jap21 anese Americans who were confined shall be a part of 

22 the interpretive program at the Historic Site. 

23 (3) COORDINATION.—The Secretary shall coordi24 nate the development of interpretive and educational 

25 materials and programs for the Historic Site with the 


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1 Manzanar National Historic Site in the State of 

2 California. 

3 (c) BAINBRIDGE ISLAND JAPANESE AMERICAN MEMO4 RIAL.—The Bainbridge Island Japanese American Memo5 rial shall be administered in accordance with section 102. 

6 (d) CONTINUED AGRICULTURAL USE.—In keeping 

7 with the historical use of the land following the decommis8 sion of the Minidoka Relocation Center, the Secretary may 

9 issue a special use permit or enter into a lease to allow 

10 agricultural uses within the Historic Site under appro11 priate terms and conditions, as determined by the Sec12 retary. 

13 SEC. 206. DISCLAIMER OF INTEREST IN LAND. 

14 (a) IN GENERAL.—The Secretary may issue to Jerome 

15 County, Idaho, a document of disclaimer of interest in land 

16 for the parcel identified as ‘‘Tract No. 2’’— 

17 (1) in the final order of condemnation, for the 

18 case numbered 2479, filed on January 31, 1947, in 

19 the District Court of the United States, in and for the 

20 District of Idaho, Southern Division; and 

21 (2) on the Minidoka Map. 

22 (b) PROCESS.—The Secretary shall issue the document 

23 of disclaimer of interest in land under subsection (a) in 

24 accordance with section 315(b) of Federal Land Policy and 

25 Management Act of 1976 (43 U.S.C. 1745(b)). 


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1 (c) EFFECT.—The issuance by the Secretary of the doc2 ument of disclaimer of interest in land under subsection 

3 (a) shall have the same effect as a quit-claim deed issued 

4 by the United States. 

5 TITLE III—CONVEYANCE OF 

6 AMERICAN FALLS RESERVOIR 

7 DISTRICT NUMBER 2 

8 SEC. 301. DEFINITIONS. 

9 In this title: 

10 (1) AGREEMENT.—The term ‘‘Agreement’’ means 

11 Agreement No. 5–07–10–L1688 between the United 

12 States and the District, entitled ‘‘Agreement Between 

13 the United States and the American Falls Reservoir 

14 District No. 2 to Transfer Title to the Federally 

15 Owned Milner-Gooding Canal and Certain Property 

16 Rights, Title and Interest to the American Falls Res17 ervoir District No. 2’’. 

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

19 American Falls Reservoir District No. 2, located in 

20 Jerome, Lincoln, and Gooding Counties, of the State. 

21 SEC. 302. AUTHORITY TO CONVEY TITLE. 

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

23 law and the terms and conditions set forth in the Agree24 ment, the Secretary may convey— 


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

2 and to the land and improvements described in Ap3 pendix A of the Agreement, subject to valid existing 

4 rights; 

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

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

7 and to the 5.0 acres of land and improvements de8 scribed in Appendix D of the Agreement; and 

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

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

11 of land and improvements described in Appendix D 

12 of the Agreement. 

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

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

15 terms and conditions of the Agreement, to the extent con16 sistent with this Act. 

17 SEC. 303. COMPLIANCE WITH OTHER LAWS. 

18 (a) IN GENERAL.—On conveyance of the land and im19 provements under section 302(a)(1), the District shall com20 ply with all applicable Federal, State, and local laws (in21 cluding regulations) in the operation of each facility trans22 ferred. 

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

24 modifies or otherwise affects the applicability of Federal 

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


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1 chapter 1093), and Acts supplemental to and amendatory 

2 of that Act (43 U.S.C. 371 et seq.)) to project water provided 

3 to the District. 

4 SEC. 304. REVOCATION OF WITHDRAWALS. 

5 (a) IN GENERAL.—The portions of the Secretarial Or6 ders dated March 18, 1908, October 7, 1908, September 29, 

7 1919, October 22, 1925, March 29, 1927, July 23, 1927, 

8 and May 7, 1963, withdrawing the approximately 6,900 

9 acres described in Appendix E of the Agreement for the pur10 pose of the Gooding Division of the Minidoka Project, are 

11 revoked. 

12 (b) MANAGEMENT OF WITHDRAWN LAND.—The Sec13 retary, acting through the Director of the Bureau of Land 

14 Management, shall manage the withdrawn land described 

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

16 SEC. 305. LIABILITY. 

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

18 completion of a conveyance under section 302, the United 

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

20 injury arising out of an act, omission, or occurrence relat21 ing to the land (including any improvements to the land) 

22 conveyed under the conveyance. 

23 (b) EXCEPTION.—Subsection (a) shall not apply to li24 ability for damages resulting from an injury caused by any 

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


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1 officer, employee, or agent of the United States) before the 

2 date of completion of the conveyance. 

3 (c) FEDERAL TORT CLAIMS ACT.—Nothing in this sec4 tion increases the liability of the United States beyond that 

5 provided in chapter 171 of title 28, United States Code. 

6 SEC. 306. FUTURE BENEFITS. 

7 (a) RESPONSIBILITY OF THE DISTRICT.—After com8 pletion of the conveyance of land and improvements to the 

9 District under section 302(a)(1), and consistent with the 

10 Agreement, the District shall assume responsibility for all 

11 duties and costs associated with the operation, replacement, 

12 maintenance, enhancement, and betterment of the trans13 ferred land (including any improvements to the land). 

14 (b) ELIGIBILITY FOR FEDERAL FUNDING.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the District shall not be eligible to receive 

17 Federal funding to assist in any activity described in 

18 subsection (a) relating to land and improvements 

19 transferred under section 302(a)(1). 

20 (2) EXCEPTION.—Paragraph (1) shall not apply 

21 to any funding that would be available to a similarly 

22 situated nonreclamation district, as determined by the 

23 Secretary. 


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1 SEC. 307. NATIONAL ENVIRONMENTAL POLICY ACT. 

2 Before completing any conveyance under this title, the 

3 Secretary shall complete all actions required under— 

4 (1) the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.); 

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

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

8 (3) the National Historic Preservation Act (16 

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

10 (4) all other applicable laws (including regula11 tions). 

12 SEC. 308. PAYMENT. 

13 (a) FAIR MARKET VALUE REQUIREMENT.—As a con14 dition of the conveyance under section 302(a)(1), the Dis15 trict shall pay the fair market value for the withdrawn 

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

17 of the Agreement. 

18 (b) GRANT FOR BUILDING REPLACEMENT.—As soon as 

19 practicable after the date of enactment of this Act, and in 

20 full satisfaction of the Federal obligation to the District for 

21 the replacement of the structure in existence on that date 

22 of enactment that is to be transferred to the National Park 

23 Service for inclusion in the Minidoka National Historic 

24 Site, the Secretary, acting through the Commissioner of 

25 Reclamation, shall provide to the District a grant in the 


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1 amount of $52,996, in accordance with the terms of the 

2 Agreement. 

3 TITLE IV—AUTHORIZATION OF 

4 APPROPRIATIONS 

5 SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated such sums as 

7 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.’’. 


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Calendar No. 231 

110TH CONGRESS 

1ST SESSION H. R. 161 

[Report No. 110

–101] 

AN ACT 

To adjust the boundary of the Minidoka Internington, and for other purposes. Nai Yoni Memorial in Bainbridge Island, Wash- ment National Monument to include the Nidoto 

JUNE 26, 2007 

Reported with an amendment and an amendment to the 

title 


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