Text: S.2831 — 115th Congress (2017-2018)All Information (Except Text)

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Reported to Senate (11/15/2018)

 
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[S. 2831 Reported in Senate (RS)]

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                                                       Calendar No. 655
115th CONGRESS
  2d Session
                                S. 2831

                          [Report No. 115-368]

To redesignate Golden Spike National Historic Site and to establish the 
                   Transcontinental Railroad Network.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2018

  Mr. Hatch (for himself and Mr. Lee) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           November 15, 2018

 Reported by Ms. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Golden Spike 150th 
Anniversary Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Adjacent landowner.--The term ``adjacent 
        landowner'' means the non-Federal owner of property that 
        directly abuts the Park boundaries.</DELETED>
        <DELETED>    (2) Historical crossing.--The term ``historical 
        crossing'' means a corridor across historical railroad rights-
        of-way within the Park--</DELETED>
                <DELETED>    (A) that have been used by adjacent 
                landowners in an open manner in the past 10 years for 
                vehicle, farm machinery or livestock travel; 
                or</DELETED>
                <DELETED>    (B) where existing utility or pipelines 
                have been placed.</DELETED>
        <DELETED>    (3) Network.--The term ``Network'' means the 
        Transcontinental Railroad Network established under section 
        4.</DELETED>
        <DELETED>    (4) Park.--The term ``Park'' means the Golden 
        Spike National Historical Park designated under section 
        3.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Director of the 
        National Park Service.</DELETED>
        <DELETED>    (6) Superintendent.--The term ``Superintendent'' 
        means the Superintendent of the Park.</DELETED>
        <DELETED>    (7) 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.</DELETED>

<DELETED>SEC. 3. REDESIGNATION.</DELETED>

<DELETED>    (a) Redesignation.--The Golden Spike National Historic 
Site established under the Act of July 10, 1965 (79 Stat. 426), shall 
be known and designated as the ``Golden Spike National Historical 
Park''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (c) Network.--The Park shall be part of the 
Network.</DELETED>

<DELETED>SEC. 4. TRANSCONTINENTAL RAILROAD NETWORK.</DELETED>

<DELETED>    (a) In General.--The Secretary shall establish, within the 
National Park Service, a program to be known as 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.</DELETED>
<DELETED>    (b) Duties of the Secretary.--In carrying out the Network, 
the Secretary shall--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) enter into appropriate cooperative agreements 
        and memoranda of understanding to provide technical assistance 
        under subsection (d); and</DELETED>
        <DELETED>    (3) create and adopt an official, uniform symbol 
        or device for the Network and issue guidance for the use of 
        such symbol or device.</DELETED>
<DELETED>    (c) Elements.--The Network shall encompass the following 
elements:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) With the consent of each person owning any 
        legal interest in the property, other Federal, State, local, 
        and privately owned properties that--</DELETED>
                <DELETED>    (A) 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; 
                or</DELETED>
                <DELETED>    (B) are otherwise determined by the 
                Secretary to be connected to the history, construction, 
                and legacy of the Transcontinental Railroad.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) 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 (c) 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.</DELETED>

<DELETED>SEC. 5. AGREEMENTS AFFECTING CERTAIN HISTORICAL 
              CROSSINGS.</DELETED>

<DELETED>    (a) Agreements.--At the request of an adjacent landowner, 
the Superintendent shall enter into an agreement with the adjacent 
landowner regarding an existing historical crossing within the 
Park.</DELETED>
<DELETED>    (b) Terms of Agreement.--The agreement shall provide 
that--</DELETED>
        <DELETED>    (1) the adjacent landowner shall give notice to 
        the Superintendent of a proposed activity that will affect the 
        surface or subsurface of the historical crossing;</DELETED>
        <DELETED>    (2) the Superintendent shall review and approve or 
        disapprove the proposed activity within 30 days of the date 
        that the adjacent landowner gives notice of a proposed activity 
        under paragraph (1);</DELETED>
        <DELETED>    (3) the Superintendent shall approve a proposed 
        activity if--</DELETED>
                <DELETED>    (A) the adjacent landowner will restore 
                the surface of the historical crossing within a 
                reasonable time following the completion of the 
                proposed activity;</DELETED>
                <DELETED>    (B) the proposed activity will last less 
                than one month and will have limited physical impact on 
                the surface of the historical crossing;</DELETED>
                <DELETED>    (C) the proposed activity has been 
                implemented by the adjacent landowner or other adjacent 
                landowners in the past; or</DELETED>
                <DELETED>    (D) the proposed activity is the subject 
                of a categorical exclusion under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.); and</DELETED>
        <DELETED>    (4) if the Superintendent disapproves the 
        activity, the adjacent landowner may modify the proposed 
        activity and resubmit it for review under paragraph 
        (1).</DELETED>

<DELETED>SEC. 6. EXOTIC OR INVASIVE SPECIES CONTROL.</DELETED>

<DELETED>    At the request of an adjacent landowner, within 30 days of 
such a request, the Superintendent shall authorize the adjacent 
landowner to participate in the eradication of exotic or invasive 
species in the Park for a period of up to 10 years, subject to renewal. 
Such an authorization shall provide--</DELETED>
        <DELETED>    (1) that the exotic or invasive species proposed 
        for eradication is identified as such by the National Park 
        Service;</DELETED>
        <DELETED>    (2) that the method, timing and location of the 
        eradication must be approved by the Superintendent; 
        and</DELETED>
        <DELETED>    (3) appropriate indemnification of the adjacent 
        landowner.</DELETED>

<DELETED>SEC. 7. FUNDING CLARIFICATION.</DELETED>

<DELETED>    No additional funds are authorized to carry out the 
requirements of this Act. Such requirements shall be carried out using 
amounts otherwise authorized.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Golden Spike 150th Anniversary 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Park.--The term ``Park'' means the Golden Spike 
        National Historical Park designated by section 3(a).
            (2) Program.--The term ``Program'' means the program to 
        commemorate and interpret the Transcontinental Railroad 
        authorized under section 4.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the National 
        Park Service.
            (4) Transcontinental railroad.--The term ``Transcontinental 
        Railroad'' means the approximately 1,912-mile continuous 
        railroad constructed between 1863 and 1869 extending 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 Public Law 89-102 (54 U.S.C. 320101 note; 
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 to be a reference to the 
``Golden Spike National Historical Park''.

SEC. 4. TRANSCONTINENTAL RAILROAD COMMEMORATION AND PROGRAM.

    (a) In General.--Subject to subsection (b), the Secretary shall 
establish within the National Park Service a program to commemorate and 
interpret the Transcontinental Railroad.
    (b) Study.--Before establishing the Program, the Secretary shall 
conduct a study of alternatives for commemorating and interpreting the 
Transcontinental Railroad that includes--
            (1) a historical assessment of the Transcontinental 
        Railroad;
            (2) the identification of--
                    (A) existing National Park System land and 
                affiliated areas, land managed by other Federal 
                agencies, and Federal programs that may be related to 
                preserving, commemorating, and interpreting the 
                Transcontinental Railroad;
                    (B) any properties relating to the Transcontinental 
                Railroad--
                            (i) that are designated as, or could meet 
                        the criteria for designation as, National 
                        Historic Landmarks; or
                            (ii) that are included, or eligible for 
                        inclusion, on the National Register of Historic 
                        Places;
                    (C) any objects relating to the Transcontinental 
                Railroad that have educational, research, or 
                interpretative value; and
                    (D) any governmental programs and nongovernmental 
                programs of an educational, research, or interpretive 
                nature relating to the Transcontinental Railroad; and
            (3) recommendations for--
                    (A) incorporating the resources identified under 
                paragraph (2) into the Program; and
                    (B) other appropriate ways to enhance historical 
                research, education, interpretation, and public 
                awareness of the Transcontinental Railroad.
    (c) Report.--Not later than 3 years after the date on which funds 
are made available to carry out the study under subsection (b), the 
Secretary shall submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report containing the findings and 
recommendations of the study.
    (d) Freight Railroad Operations.--The Program shall not include any 
properties that are--
            (1) used in active freight railroad operations (or other 
        ancillary purposes); or
            (2) reasonably anticipated to be used for freight railroad 
        operations in the future.
    (e) Elements of the Program.--In carrying out the Program under 
this section, the Secretary--
            (1) shall 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) may enter into appropriate cooperative agreements and 
        memoranda of understanding and provide technical assistance to 
        the heads of other Federal agencies, States, units of local 
        government, regional governmental bodies, and private entities 
        to further the purposes of the Program and this Act; and
            (3) may--
                    (A) create and adopt an official, uniform symbol or 
                device to identify the Program; and
                    (B) issue guidance for the use of the symbol or 
                device created and adopted under subparagraph (A).
            Amend the title so as to read: ``A bill to redesignate the 
        Golden Spike National Historic Site and to establish a program 
        to commemorate and interpret the Transcontinental Railroad.''.
                                                       Calendar No. 655

115th CONGRESS

  2d Session

                                S. 2831

                          [Report No. 115-368]

_______________________________________________________________________

                                 A BILL

To redesignate Golden Spike National Historic Site and to establish the 
                   Transcontinental Railroad Network.

_______________________________________________________________________

                           November 15, 2018

        Reported with an amendment and an amendment to the title

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