[Senate Report 111-308]
[From the U.S. Government Publishing Office]
Calendar No. 594
111th Congress Report
SENATE
2d Session 111-308
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GOLD HILL-WAKAMATSU PRESERVATION ACT
_______
September 27, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1596]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1596) to authorize the Secretary of the
Interior to acquire the Gold Hill Ranch in Coloma, California,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION I. SHORT TITLE.
This Act may be cited as the ``Gold Hill-Wakamatsu Preservation
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Gold hill ranch.--The term ``Gold Hill Ranch'' means the
approximately 272 acres of land located in Coloma, California,
as generally depicted on the map entitled ``Gold Hill-Wakamatsu
Site'' and dated May 7, 2009.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. GOLD HILL RANCH.
(a) Acquisition.--The Secretary may acquire the Gold Hill Ranch,
including any interest in the Gold Hill Ranch, by purchase from a
willing seller with donated or appropriated funds, donation, or
exchange.
(b) Management.--The Secretary shall manage any land or interest in
land acquired under subsection (a) in accordance with--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) any other applicable laws.
(c) Cooperative Agreement.--
(1) In general.--The Secretary may enter into a cooperative
agreement with public or nonprofit entities to interpret the
history of the Wakamatsu Tea and Silk Farm Colony and related
pioneer history associated with Japanese immigration to the
area, including the history of traditional Japanese crops and
farming practices and the contribution of those practices to
the agricultural economy of the State of California.
(2) Inclusions.--The cooperative agreement referred to in
paragraph (1) may include provisions for the design and
development of a visitor center to further public education and
interpretation of the Gold Hill Ranch.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
PURPOSE
The purpose of S. 1596 is to authorize the Secretary of the
Interior to acquire the Gold Hill Ranch in Coloma, California.
BACKGROUND AND NEED
The Gold Hill Ranch in Coloma, California was the location
of the Wakamatsu Tea and Silk Colony from 1869 to 1871, the
first Japanese settlement in the United States. The 272-acre
ranch was established by 22 Japanese samurai colonists who fled
the turmoil of the Meiji Restoration following the overthrow of
the Tokugawa Shogunate. The colonists sought to establish a
silk farming community at Gold Hill Ranch and planted mulberry
trees, rice, bamboo, and tea plants they had brought with them.
The colony helped bridge Japanese and American cultures,
contributed to California's agricultural economy, and
established California as a gateway for Pacific immigration
into the United States.
Many of the original structures on the site remain intact,
including a farmhouse, numerous artifacts, and the grave of
Okei, one of the young Japanese colonists who has become a
popular historical figure for Japanese Americans. The site also
contains woodland and wetland habitat, hiking trails, and
picnic areas. The American River Conservancy and Wakamatsu Gold
Hill Colony Foundations currently lease and manage the site for
visitors, and have secured $2.5 million in grants and donations
to leverage any federal investment in its preservation. The
property is held by private landowners who would like to sell
it as soon as possible.
The property was recognized as a state historic site in
1969, and was listed on the National Register of Historic
Places in 2010.
LEGISLATIVE HISTORY
S. 1596 was introduced by Senator Boxer on August 6, 2009.
Senator Inouye is a cosponsor. The Subcommittee on National
Parks held a hearing on the bill on May 19, 2010.
The Committee considered S. 1596 at its business meeting on
July 22, 2010, at which time it rejected an amendment offered
by Senator Murkowski to prohibit the use of Federal funds to
acquire lands from willing sellers for the Gold Hill Ranch. At
its business meeting on August 5, 2010, the Committee on Energy
and Natural Resources ordered the bill favorably reported with
an amendment in the nature of a substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on August 5, 2010, by a voice vote of a quorum
present, recommends that the Senate pass S. 1596, if amended as
described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1596, the Committee adopted
an amendment in the nature of a substitute. The amendment
strikes the findings section, makes technical changes to the
language describing the Gold Hill Ranch, and makes several
conforming changes to make the bill consistent with other land
acquisition authorizations. The amendment is explained in
detail in the section-by-section analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, the ``Gold Hill-
Wakamatsu Preservation Act''.
Section 2 defines key terms used in the bill.
Section 3(a) authorizes the Secretary of the Interior
(Secretary) to acquire interests in Gold Hill Ranch by purchase
from willing sellers with donated or appropriated funds, or by
donation or exchange.
Subsection (b) directs the Secretary to manage the lands in
accordance with this Act, the Federal Land Policy and
Management Act, and other applicable laws.
Subsection (c) authorizes the Secretary to enter into a
cooperative agreement with public or non-profit entities in
order to interpret the history of the site and includes
provisions for the design and development of a visitor center.
Section 4 authorizes such sums as are necessary.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1596--Gold Hill-Wakamatsu Preservation Act
Summary: S. 1596 would direct the Bureau of Land Management
(BLM) to acquire about 272 acres of land in California and
enter into an agreement to interpret the history of the
Wakamatsu Tea and Silk Farm Company. That agreement would
include the option of utilizing a visitor center. Based on
information from BLM, CBO estimates that implementing the
legislation would cost $13 million over the 2011-2015 period,
assuming appropriation of the necessary amounts. Enacting S.
1596 would not affect direct spending or revenues; therefore,
pay-as-you-go procedures do not apply.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1596 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level.................... 5 2 2 2 2 13
Estimated Outlays................................ 4 3 2 2 2 13
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the beginning of fiscal year 2011.
S. 1596 would direct BLM to acquire the Gold Hill Ranch in
California (about 272 acres) by purchase, using appropriated or
donated funds, or exchange. Based on estimates of nearby land
values obtained from the agency, CBO estimates that acquiring
the Gold Hill Ranch would cost about $3 million in 2011,
assuming appropriation of the necessary amounts.
The legislation also would direct BLM to enter into an
agreement with a public or nonprofit entity to interpret the
history of the Wakamatsu Tea and Silk Farm Company. CBO expects
that agreement would include use of existing structures as a
visitor center in lieu of new construction. Based on
information from the agency, CBO estimates that the visitor
center would cost $10 million over the 2011-2015 period,
including $8 million for ongoing operations and $2 million for
retrofitting existing structures. Those costs also would be
subject to the availability of appropriated funds.
Pay As You Go considerations: None.
Intergovernmental and private-sector impact: S. 1596
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Daniel Hoople; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUTION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1596.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1596, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1596, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The views of the Department of the Interior were included
in testimony received by the Committee at a hearing on S. 1596
on May 19, 2010, which is printed below:
Statement for the Record, Bureau of Land Management, Department of the
Interior
Thank you for the invitation to present testimony on S.
1596, the Gold Hill-Wakamatsu Preservation Act, which would
authorize the Secretary of the Interior to acquire the Gold
Hill Ranch from willing sellers using non-federal contributions
and appropriated funds to preserve it as a site of historical
and cultural value. Preservation of cultural and historical
resources is a priority for the Department of the Interior and
the Bureau of Land Management (BLM). We support the goals but
note that BLM can make this acquisition under its existing
authorities, and we would like to work with the sponsor and the
Committee to clarify S. 1596.
background
The Wakamatsu Colony is an early settlement site of great
cultural significance to the Japanese-American community. It is
the oldest known cultural site in North America associated with
Japanese immigration. The colony was founded in 1869 by 20
immigrants from Aizu-Wakamatsu, Japan. These colonists fled
Japan during the political upheaval that accompanied the Meiji
Restoration. The colonists purchased land at Gold Hill in
western El Dorado County, California, and established a tea and
silk plantation. The colony operated for two years, after which
the land--known as the Gold Hill Ranch--was acquired by its
current owners, the Veerkamp family. The Veerkamps now desire
to sell the property; however, they recognize its historic and
cultural significance and hope to sell it to a governmental
entity.
The 272-acre site includes a home from the 1860s that was
occupied by the colonists, the mulberry trees they planted, and
the grave of Okei Ito. Her grave is thought to be the oldest
Japanese immigrant grave in North America. Adjacent to the site
is the Gold Trail Elementary School, which since 1980 has
maintained a sister-school relationship with Higashiyama
Elementary School in Aizu Wakamatsu. The school property hosts
a monument dedicated by then-Governor Ronald Reagan that
established the Wakamatsu Tea and Silk Farm Colony as
California Registered Historical Landmark Number 815.
Several Japanese-American civic and cultural groups and
others have written to the BLM to express their support for
preservation and restoration of the Wakamatsu Colony site. The
Gold Hill region is an historic California gold rush landscape
that is urbanizing rapidly, so preservation would prevent the
loss of an important pioneering site. Members of that
community, including the Japanese American Citizens League,
Representative Doris Matsui and California State Assemblyman
Alan Nakanishi, are working with the American River Conservancy
(a local land trust) to raise the funds needed to purchase the
site. Their goal is to establish an endowment that would fund
future restoration, interpretive operations, and maintenance of
the site. Citing the BLM's highly successful management of
other nearby acquired lands, local Japanese-American community
organizations and the American River Conservancy are advocating
that the BLM take title to the property.
Acquisition of the Gold Hill Ranch would be consistent with
the goals of the BLM's Sierra Resource Management Plan. The
BLM's nearby Mother Lode Field Office already manages several
acquired properties for their historical and conservation
values, including the historic Chung Wah Chinese cemetery about
15 miles to the west of the Ranch, which was donated to BLM by
the Chinese-American community in 2007, and the Pine Hill
Preserve, a rare plant preserve totaling 4,000 acres across
dozens of parcels about 5 miles southwest of the Ranch.
s. 1596
S. 1596 would authorize the Secretary of the Interior,
acting through the BLM, to acquire the Gold Hill Ranch from
willing sellers using non-federal contributions and
appropriated funds to preserve it as a site of historical and
cultural value. The BLM supports the goals of the bill, and
acknowledges the efforts to date by the private sector to raise
funds for the acquisition. BLM notes that it can make the
acquisition under its existing authorities, subject to budget
priorities and the availability of appropriations. However,
this project did not rank high enough in the BLM's annual
national ranking process for inclusion in the land acquisition
priority lists for the 2010 and 2011 budgets. The legislation
is also unclear as to the purposes for which the use of
appropriated funds is authorized, and the BLM would like to
work with the sponsor and the Committee to clarify this
provision.
The bill does not waive a fair market value determination.
Therefore an appraisal by the Department of the Interior's
Office of Valuation Services would be required before
acquisition. Based on the experience of the BLM and American
River Conservancy with land values in this area, the $3,290,000
limit identified in S. 1596 for the cost of acquisition appears
to be reasonable. We would note, however, that it is BLM policy
to engage in fair market valuations for its acquisitions,
disposals, and exchanges.
We appreciate provisions in section 4(d) that give the
Secretary discretion regarding development of a visitor center
and direct that private funds or State grants be used to the
maximum extent practicable to leverage the cost of constructing
the visitor center and conducting restoration activities. This
provides an excellent opportunity for expression of community
support for preservation and restoration of this site.
conclusion
Thank you for the opportunity to present testimony in
support of the goals of S. 1596, and we look forward to working
with the sponsor and the Committee to clarify the legislation.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the Act S. 1596, as ordered
reported.