[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5751 Engrossed in House (EH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5751
_______________________________________________________________________
AN ACT
To redesignate Golden Spike National Historic Site and to establish the
Transcontinental Railroad Network.
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 ``Golden Spike 150th Anniversary
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adjacent landowner.--The term ``adjacent landowner''
means the non-Federal owner of property that directly abuts the
Park boundaries.
(2) Historical crossing.--The term ``historical crossing''
means a corridor with a maximum width of 30 feet across former
railroad rights-of-way within the Park--
(A) that has been used by adjacent landowners in an
open manner multiple times in more than 1 of the past
10 years for vehicle, farm machinery, or livestock
travel; or
(B) where existing utility or pipelines have been
placed.
(3) Network.--The term ``Network'' means the
Transcontinental Railroad Network established under section 4.
(4) Park.--The term ``Park'' means the Golden Spike
National Historical Park designated under section 3.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(6) Transcontinental railroad.--The term ``Transcontinental
Railroad'' means the approximately 1,912-mile continuous
railroad constructed between 1863 and 1869 from Council Bluffs,
Iowa, to San Francisco, California.
SEC. 3. REDESIGNATION.
(a) Redesignation.--The Golden Spike National Historic Site
designated April 2, 1957, and placed under the administration of the
National Park Service under the Act of July 10, 1965 (79 Stat. 426),
shall be known and designated as the ``Golden Spike National Historical
Park''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Golden Spike
National Historic Site shall be considered a reference to the ``Golden
Spike National Historical Park''.
(c) Network.--The Park shall be part of the Network.
SEC. 4. TRANSCONTINENTAL RAILROAD NETWORK.
(a) In General.--The Secretary shall establish, within the National
Park Service, the Transcontinental Railroad Network. The Network shall
not include properties used in active freight railroad operations (or
other ancillary purposes) or reasonably anticipated to be used for
freight railroad operations in the future.
(b) Study.--The Secretary shall--
(1) inventory National Park Service sites, facilities, and
programs; and
(2) identify other sites, facilities, and programs,
to determine their suitability for inclusion in the Network, as
delineated under subsection (e).
(c) Duties of the Secretary.--In carrying out the Network, the
Secretary shall--
(1) produce and disseminate appropriate education materials
relating to the history, construction, and legacy of the
Transcontinental Railroad, such as handbooks, maps,
interpretive guides, or electronic information;
(2) identify opportunities to enhance the recognition of
immigrant laborers' contributions to the history, construction,
and legacy of the Transcontinental Railroad;
(3) enter into appropriate cooperative agreements and
memoranda of understanding to provide technical assistance
under subsection (d); and
(4) create and adopt an official, uniform symbol or device
for the Network and issue guidance for the use of such symbol
or device.
(d) Elements.--The Network shall encompass the following elements:
(1) All units and programs of the National Park Service
that are determined by the Secretary to relate to the history,
construction, and legacy of the Transcontinental Railroad.
(2) With the consent of each person owning any legal
interest in the property, other Federal, State, local, and
privately owned properties that have a verifiable connection to
the history, construction, and legacy of the Transcontinental
Railroad and are included in, or determined by the Secretary to
be eligible for inclusion in, the National Register of Historic
Places.
(3) Other governmental and nongovernmental programs of an
educational, research, or interpretive nature that are directly
related to the history, construction, and legacy of the
Transcontinental Railroad.
(e) Cooperative Agreements and Memoranda of Understanding.--To
achieve the purposes of this section and to ensure effective
coordination of the Federal and non-Federal elements of the Network
described in subsection (d) with National Park System units and
programs of the National Park Service, the Secretary may enter into
cooperative agreements and memoranda of understanding with, and provide
technical assistance to, the heads of other Federal agencies, States,
units of local government, regional governmental bodies, and private
entities.
SEC. 5. AGREEMENTS AFFECTING CERTAIN HISTORICAL CROSSINGS.
(a) Programmatic Agreement.--No later than 6 months after the date
of enactment of this Act, the Secretary shall enter into a Programmatic
Agreement with the Utah State Historic Preservation Office and other
consulting parties to add certain undertakings in the Park to the list
of those eligible for streamlined review under section 106 of the
Historic Preservation Act of 1966 (54 U.S.C. 306108). In the
development of the Programmatic Agreement, the Secretary shall
collaborate with adjacent landowners, Tribes, and other consulting
parties.
(b) Process for Approval.--After the completion of the Programmatic
Agreement under subsection (a), an adjacent landowner shall give the
Secretary notice of proposed certain undertakings. Within 30 days of
the receipt of the notice, the Secretary shall review and approve the
proposed certain undertakings if consistent with the Programmatic
Agreement.
(c) Definition of Certain Undertakings.--As used in this section,
the term ``certain undertakings'' means those activities that take
place on, within, or under a historical crossing and--
(1) will last less than 1 month and will have limited
physical impact on the surface of the historical crossing;
(2) have been implemented by an adjacent landowner or other
adjacent landowners in the past; or
(3) is the subject of a categorical exclusion under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
SEC. 6. INVASIVE SPECIES CONTROL.
At the request of an adjacent landowner, within 30 days of such a
request, the Secretary shall authorize the adjacent landowner to
participate in the eradication of invasive species in the Park for a
period of up to 10 years, subject to renewal. Such an authorization
shall provide--
(1) that the invasive species proposed for eradication is
identified as such by the National Park Service;
(2) that the method, timing, and location of the
eradication must be approved by the Secretary; and
(3) appropriate indemnification of the adjacent landowner.
SEC. 7. FUNDING CLARIFICATION.
No additional funds are authorized to carry out the requirements of
this Act. Such requirements shall be carried out using amounts
otherwise authorized.
Passed the House of Representatives June 25, 2018.
Attest:
Clerk.
115th CONGRESS
2d Session
H. R. 5751
_______________________________________________________________________
AN ACT
To redesignate Golden Spike National Historic Site and to establish the
Transcontinental Railroad Network.