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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 161 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Bainbridge Island Japanese 
American Monument Act of 2007''.</DELETED>

<DELETED>SEC. 2. BOUNDARY ADJUSTMENT.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3. ADMINISTRATION OF MONUMENT.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) Presidential Proclamation 7395 of January 17, 
        2001;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) any agreements entered into pursuant to 
        subsection (b).</DELETED>
<DELETED>    (b) Agreements.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the City of Bainbridge 
                Island;</DELETED>
                <DELETED>    (B) the Bainbridge Island Metropolitan 
                Park and Recreational District;</DELETED>
                <DELETED>    (C) the Bainbridge Island Japanese 
                American Community Memorial Committee;</DELETED>
                <DELETED>    (D) the Bainbridge Island Historical 
                Society;</DELETED>
                <DELETED>    (E) successor entities to the entities 
                named in subparagraphs (A) through (D); and</DELETED>
                <DELETED>    (F) other appropriate individuals or 
                entities, at the discretion of the Secretary.</DELETED>
        <DELETED>    (2) In order to implement an agreement provided 
        for in paragraph (1), the Secretary may--</DELETED>
                <DELETED>    (A) make grants to the City of Bainbridge 
                Island for development of an administrative and 
                interpretive facility for the Nidoto Nai Yoni 
                Memorial;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) make grants or enter into cooperative 
                agreements with non-Federal entities to support 
                development of interpretive media for the 
                memorial.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. 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.

SEC. 2. 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.

         TITLE I--BAINBRIDGE ISLAND JAPANESE AMERICAN MEMORIAL

SEC. 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) 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 
        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.

SEC. 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.

       TITLE II--ESTABLISHMENT OF MINIDOKA NATIONAL HISTORIC SITE

SEC. 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.

SEC. 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''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

  TITLE III--CONVEYANCE OF AMERICAN FALLS RESERVOIR DISTRICT NUMBER 2

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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).

SEC. 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.

               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

SEC. 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.''.
                                                       Calendar No. 231

110th CONGRESS

  1st Session

                               H. R. 161

                          [Report No. 110-101]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 26, 2007

        Reported with an amendment and an amendment to the title
```