>STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

(Senate - December 16, 2005)

   By Mr. CRAPO (for himself and Mr. CRAIG):

   S. 2129. A bill to authorize the Secretary of the Interior to convey certain land and improvements of the Gooding Division of the Minidoka Project, Idaho; to the Committee on Energy and Natural Resources.

   Mr. CRAPO. Mr. President, I am pleased to introduce a bill today to formally convey title a portion of the American Falls Reservoir District from the Bureau of Reclamation to the National Park Service. The Minidoka Internment National Monument Draft General Management Plan and Environment Impact Statement proposes the transfer of these two publicly owned parcels of land, which are both within and adjacent to the existing 73-acre NPS boundary, and have been identified as important for inclusion as part of the monument. The sites were both within the original 33,000-acre Minidoka Relocation Center that was operated by the War Relocation Authority, where approximately 13,500 Japanese and Japanese Americans were held from 1942 through 1945.

   The smaller 2.31-acre parcel is located in the center of the monument in the old warehouse area and includes three historical buildings and other important cultural features. The Draft General Management Plan proposes to use this site for visitor services, including a Visitor Contact Station within an original warehouse to greet visitors and provide orientation for the monument. The other, a 7.87-acre parcel, is on the east end of the monument and was undeveloped during WWII. The NPS proposes to use this area for special events and to provide a site for the development of a memorial for the Issei, first-generation Japanese immigrants. These two publicly-owned properties are critical for long-term development, visitor services, and protection and preservation of historical structures and features at Minidoka Internment National Monument.

   I would like to add that this legislation was developed with and is strongly supported by both the agencies involved and the local communities. I ask my colleagues to join me in enacting this small land transfer that we might move a step closer toward properly memorializing an important, but often forgotten, chapter of our Nation's history.

   I ask unanimous consent that the text of the bill be printed in the RECORD.

   There being no objection, the bill was ordered to be printed in the Record, as follows:

   S. 2129

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

   SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Falls Reservoir District Number 2 Conveyance Act''.

   SEC. 2. DEFINITIONS.

    In this Act:

    (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, Idaho.

    (3) SECRETARY.--The term ``Secretary'' means the Secretary of the Interior.

   SEC. 3. 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, Idaho, 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. 4. TRANSFER.

    As soon as practicable after the date of enactment of this Act, the Secretary shall direct the Director of the National Park Service to include in and manage as a part of the Minidoka Internment National Monument the 10.18 acres of land and improvements described in Appendix D of the Agreement.

   SEC. 5. COMPLIANCE WITH OTHER LAWS.

    (a) In General.--On conveyance of the land and improvements under section 3(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 Act 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. 6. 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. 7. LIABILITY.

    (a) In General.--Subject to subsection (b), upon completion of a conveyance under section 3, 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. 8. FUTURE BENEFITS.

    (a) Responsibility of the District.--After completion of the conveyance of land and improvements to the District under section 3(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 3(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. 9. NATIONAL ENVIRONMENTAL POLICY ACT.

    Before completing any conveyance under this Act, 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. 10. PAYMENT.

    (a) Fair Market Value Requirement.--As a condition of the conveyance under section 3(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 Internment National Monument, the Secretary, acting through the Commission of Reclamation, shall provide to the District a grant in the amount of $52,996, in accordance with the terms of the Agreement.

   By Mr. CRAPO (for himself, Mr. BURNS and Mr. CRAIG):

   S. 2132. A bill to Include Idaho and Montana as affected areas for purposes of making claims under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) based on exposure to atmospheric nuclear testing; to the Committee on the Judiciary.

   Mr. CRAPO. Mr. President, I rise to introduce legislation on behalf of myself, Senator BURNS of Montana and my Colleague Senator CRAIG that would include the States of Idaho and Montana as affected areas under the Radiation Exposure Compensation Act, or RECA.

   Since our goals of giving affected citizens in our States the opportunity to receive compensation under RECA, and the challenges faced by our constituents are the same, it is appropriate to combine our efforts toward rectifying the problem.

   Nuclear testing in Nevada during the 1950s and 1960s released radiation into the atmosphere that settled in States far away from the original test site. Certain elements of this radiation such as the radioactive isotope Iodine-131 settled in States such as Idaho and Montana and found their way into the milk supply. After time, in some cases 25 to 50 years after the fact, this contamination manifested itself as various forms of cancer, leukemia and other illnesses, particularly thyroid cancer. Those affected in this way are often referred to as ``downwinders,'' to denote their location downwind from the fallout.

   In 1990, Congress recognized the need for the Federal Government to make amends for the harm caused to innocent citizens by nuclear testing and the Radiation Exposure Compensation Act was passed into law. Unfortunately, the science at the time did not recognize that radioactive fallout did not restrict itself by State lines.

   This was highlighted in 1999, when a group of Senators, led by Senator HATCH, amended the law to include additional counties in Arizona. During debate on this legislation, Senator HATCH said, ``Our current state of scientific knowledge allows us to pinpoint with more accuracy which diseases are reasonably believed to be related to radiation exposure, and that is what necessitated the legislation we are considering today.'' Since that time, even greater advances in science have been made in the area of radiation exposure.

   When the RECA disparity was first brought to my attention by the Idaho downwinders, I met with them to discuss ways to help them. The National Academy of Sciences staff came to Idaho in 2004 to hear testimony from those affected and ensure that their concerns and comments were included in the process.

   Their voices were heard; the NAS report released in April of 2005 recognized that, among the 25 counties with the highest per capita dosage of radiation, 20 of those counties are in Idaho and Montana. In fact, Idaho is home to four of the top five counties in this regard. The report also stated that, ``To be equitable, any compensation program needs to be based on scientific criteria and similar cases must be treated alike. The current geographic limitations are not based on the latest science.'' Understanding these facts, it is of prime importance that we rectify the problem quickly.

   The NAS report recognizes that the RECA program needs to be updated and that affected Idahoans and Montanans deserve equal treatment with those in other States. The report makes several specific recommendations, chief among them that Congress should establish a new process for reviewing individual claims, based on probability of causation, or ``assigned share,'' a method which is used in the courts and for other radiation compensation programs. I am currently working with my colleagues to legislatively address the suggestions made by the NAS report and work out a long-term solution for the challenges currently posed by RECA.

   We all recognize that this problem requires a two-part solution--expanding the current RECA program to include those left behind while at the same time working on the long-term fixes recommended by the NAS. These efforts must happen simultaneously and I am pleased that my colleagues are partnering with me on this course.

   Tragically, for some, it is already too late. A long-time advocate for the downwinders, and personal friend, Sheri Garmon, passed away from cancer this summer. Others preceded her and some are sick right now. There are still a number of those affected who are still waiting for the Government to do the right thing and make them eligible for compensation for their injuries. The facts are in and the science shows that they should not have to wait any longer for their rightful opportunity to seek appropriate redress. Let's fix this while we still have some of those who are sick because of Government actions with us.

   I would exhort my colleagues to join with me and Senators BURNS and CRAIG to take up this legislation we have introduced today and bring needed fairness to those in Idaho and Montana and extend them eligibility under the current Radiation Exposure Compensation Act.

   Mr. President, I ask unanimous consent that the text of the bill be printed in the RECORD.

   There being no objection, the bill was ordered to be printed in the Record, as follows: