[House Report 113-579]
[From the U.S. Government Publishing Office]
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.
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 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
* * * * * * *
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 [Japanese American Memorial] Japanese
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 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 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 [japanese american
memorial] japanese american exclusion
memorial.--The Bainbridge Island [Japanese
American Memorial] Japanese American Exclusion
Memorial shall be administered in accordance
with subsection (b)(2).
(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 Number
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.
(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).
(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.
* * * * * * *