[House Report 111-529]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-529
======================================================================
HEART MOUNTAIN RELOCATION CENTER STUDY ACT
OF 2009
_______
July 13, 2010.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 3989]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3989) to authorize the Secretary of the Interior to
conduct a special resource study to determine the suitability
and feasibility of adding the Heart Mountain Relocation Center,
in the State of Wyoming, as a unit of the National Park System,
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. 3989 is to authorize the Secretary of
the Interior to conduct a special resource study to determine
the suitability and feasibility of adding the Heart Mountain
Relocation Center, in Park County, Wyoming, as a unit of the
National Park System.
BACKGROUND AND NEED FOR LEGISLATION
Heart Mountain Relocation Center (Heart Mountain) in
Powell, Wyoming (in the northwestern part of the state) was a
Japanese internment camp opened in August of 1942. It reflected
a dark period in American history when prejudice against Asian-
Americans swept the country following the attack on Pearl
Harbor in December of 1941. Heart Mountain was one of ten
internment camps set up under the authority of Presidential
Executive Order 9066, signed by President Roosevelt on February
19, 1942. This Order authorized the U.S. government to
systematically force Japanese-Americans from their own homes
and businesses and into ``Relocation Centers'' which were being
rapidly constructed around the west.
Citing ``wartime necessity,'' these citizens (two-thirds of
the population of Heart Mountain were American citizens) were
never given access to a hearing, legal aid or judicial review
before being relocated. Further, although no crimes were
committed, they were detained indefinitely in barbed-wire
enclosed camps without any due process. At its peak, nearly
11,000 Japanese-Americans--forced from their communities in
California, Washington, and Oregon--were housed in the camp's
tar-paper barracks. Ironically, this made Heart Mountain
Wyoming's third largest ``city'' at the time.
On December 17, 1944, the U.S. War Department announced
revocation of the military's West Coast exclusion order, and on
November 10, 1945, the last internees left Heart Mountain to
try to rebuild their lives. In the 39 months it was open,
14,000 people were forced to live and struggle there. A number
of the buildings and one guard tower still remain at the Heart
Mountain site. For many, Heart Mountain constitutes a kind of
sacred ground; it is a reminder of government injustice against
human rights and an important historic touchstone for Japanese-
Americans. In 2006, Heart Mountain was designated as a National
Historic Landmark.
H.R. 3989 would direct the Secretary of the Interior to
conduct a special resource study to determine the national
significance of Heart Mountain Relocation Center. Specifically,
the bill directs the Secretary to: determine the suitability
and feasibility of designating Heart Mountain as a unit of the
National Park System; consider other alternatives for the
preservation and interpretation of the site by government or
private entities; identify cost estimates for land acquisition,
interpretation, operation and maintenance of the site; identify
potential impacts of designation of the site on private
landowners; and consult with interested government entities,
tribes, private and nonprofit organizations, and private
property owners that may be affected by any such designation.
COMMITTEE ACTION
H.R. 3989 was introduced by Representative Cynthia Lummis
(R-WY) on November 3, 2009. The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests and Public Lands. At a
Subcommittee hearing on April 27, 2010, a representative from
the Department of the Interior testified in support of this
legislation.
On June 16, 2010, the Subcommittee on National Parks,
Forests and Public Lands was discharged from the further
consideration of H.R. 3989 and the full Natural Resources
Committee met to consider the bill. The bill was 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.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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.
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 authorize the Secretary of the
Interior to conduct a special resource study to determine the
suitability and feasibility of adding the Heart Mountain
Relocation Center, in Park County, Wyoming, as a unit of the
National Park System.
4. Congressional Budget Office Cost Estimate. 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. 3989--Heart Mountain Relocation Center Study Act of 2009
H.R. 3989 would require the National Park Service (NPS) to
conduct a special resource study of the Heart Mountain
Relocation Center in Wyoming. In the study, the NPS would
evaluate the national significance of the site, which was used
to intern Japanese Americans during World War II, and determine
the suitability and feasibility of designating it as a unit of
the National Park System. The NPS would have three years to
complete the study and report to the Congress on its results.
Based on information provided by the NPS and assuming the
availability of appropriated funds, CBO estimates that carrying
out the study required by H.R. 3989 would cost about $200,000
over the next three years. Enacting the legislation would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures would not apply.
H.R. 3989 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act and would impose no costs
on state, local, and tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3989 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
ADDITIONAL VIEWS
I am grateful to Chairman Rahall, as well as Subcommittee
Chairman Grijalva, and Ranking Members Hastings and Bishop for
support of this bill. As has been thoroughly discussed in the
Subcommittee hearing, the Heart Mountain Relocation Center
Study Act would authorize the National Park Service (NPS) to
conduct a Special Resource Study (SRS) for the site of the
Heart Mountain Relocation Center, located in Park County,
Wyoming.
The possibility of adding the 123 acres near Heart Mountain
as a recognized unit in the National Park System is a local
priority because it represents for Park County and the entire
State of Wyoming an important, if dark, chapter in its history.
My involvement in this effort was born entirely from the
grassroots advocacy for preserving these historic landmarks,
and ensuring future generations learn the important lessons of
this era. I am pleased that the local support for this study
will mean that private property rights are protected, and fewer
tax payer dollars will be expended.
Cynthia M. Lummis.