[Senate Report 106-321]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 639
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-321

======================================================================



 
                        GOLDEN SPIKE RAIL STUDY

                                _______
                                

                  June 27, 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2932]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 2932) to direct the Secretary of the 
Interior to conduct a study of the Golden Spike/Crossroads of 
the West National Heritage Area Study Area and to establish the 
Crossroads of the West Historic District in the State of Utah, 
having considered the same, reports favorably thereon without 
amendment and recommends that the Act do pass.

                         purpose of the measure

    The purpose of H.R. 2932 is to direct the Secretary of the 
Interior to conduct a study of the Golden Spike/Crossroads of 
the West National Heritage Area Study Area, and to establish 
the Crossroads of the West Historic District in the State of 
Utah.

                          background and need

    Utah's railway industry played a significant part in 
America's expansion into the West. H.R. 2932 directs the 
Secretary of the Interior to conduct a study in northern Utah 
of the national significance of the intercontinental railway as 
an integral part of American history, and the designation of 
this area as a National Heritage Area. The Secretary must 
submit a report on the study within 3 years.
    H.R. 2932 also establishes the Crossroads of the West 
Historic District in the City of Ogden, Utah. The Secretary is 
authorized to make grants and enter into cooperative agreements 
with State, local, and non-profit entities for the development 
of a plan for the historic district. The Secretary is also 
authorized to provide financial assistance to restore and 
improve this historic infrastructure, provide technical 
assistance, and mark and provide interpretation of properties 
within the District. The measure stipulates that no more than 
$1 million for any fiscal year and $5 million dollars total may 
be appropriated to carry out the purposes of this legislation. 
Furthermore, federal funding may not exceed 50 percent of the 
total cost of any activity carried out with these funds.

                          legislative history

    H.R. 2932 passed the House of Representatives on May 2, 
2000. A similar bill, S. 1685, was introduced by Senator 
Bennett on October 4, 1999. Testimony from witnesses on this 
legislation was included in the record of the hearing held by 
the Subcommittee on National Parks, Historic Preservation, and 
Recreation on May 25, 2000. At its business meeting on June 7, 
2000, the Committee on Energy and Natural Resources ordered 
H.R. 2932 favorably reported.

            committee recommendation and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on June 7, 2000, by a unanimous vote of a 
quorum present, recommends that the Senate pass H.R. 2932.

                      section-by-section analysis

    Section 1(a) defines the term ``Golden Spike Rail Study'' 
as the Golden Spike Rail Feasibility Study, Reconnaissance 
Survey, Ogden, Utah to Golden Spike National Historic Site, 
National Park Service, 1993; the term ``Secretary'' as the 
Secretary of the Interior; and the term ``Study Area'' as the 
Golden Spike/Crossroads of the West National Heritage Area 
Study Area, the boundaries of which are described in subsection 
(d).''
    Subsection (b) directs the Secretary to conduct a study of 
the Study Area to provide information regarding its natural, 
historical, and cultural resources, to determine whether there 
is community support for the concept of a heritage area, and 
whether a potential management entity for the Heritage Area 
exists.
    Subsection (c) requires the Secretary, in conducting the 
study, to consult with the State Historic Preservation Officer, 
the State Historical Society, and other appropriate 
organizations, and to use previously completed materials, 
including the Golden Spike Rail Study.
    Subsection (d) states that the study area shall be 
comprised of sites relating to the completion of the first 
transcontinental railroad in the State of Utah, concentrating 
on areas identified on the map included in the Golden Spike 
Rail Study.
    Subsection (e) requires the Secretary to submit a report to 
Congress on the findings and conclusions of the study within 3 
years of the date that funds are made available to conduct the 
study.
    Subsection (f) authorizes the appropriation of sums 
necessary to carry out the study.
    Section 2(a) describes the purposes of section 2, which are 
to preserve and interpret certain historic and cultural lands 
and edifices and to enhance cultural and compatible economic 
redevelopment within the Crossroads of the West Historic 
District.
    Subsection (b) provides definitions for terms used in 
section 2.
    Subsection (c) establishes the Crossroads of the West 
Historic District in the City of Ogden, Utah and designates the 
district's boundaries.
    Subsection (d) authorizes the Secretary to make grants and 
enter into cooperative agreements with the State of Utah, local 
governments, and nonprofit entities to prepare and implement a 
plan for the development of historic, architectural, natural, 
and interpretive resources within the District. The Secretary 
may not pay more than 50 percent of the costs associated with 
preparation or implementation of the plan.
    Subsection (e) authorizes the Secretary to enter into 
cooperative agreements to restore, repair, rehabilitate, and 
provide technical assistance with respect to historic 
infrastructure, and to mark and provide interpretation of 
historic properties. The Secretary may not pay more than 50 
percent of the cost of restoring, repairing, rehabilitating, or 
improving historic infrastructure, and may consider the 
donation of property, services, or goods from a non-Federal 
source as a contribution of funds. Cooperative agreements must 
provide the Secretary with a right to access the properties, 
require the Secretary's approval for any change or alteration 
in the property, and provide for compensation to the Federal 
Government if the property is converted to a use that is 
contrary to the purposes of this section.
    Subsection (f) authorizes the appropriation of $5 million, 
with a $1 million limit for any fiscal year to carry out the 
purposes of this section.

                   cost and budgetary considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 13, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2932, the Golden 
Spike/Crossroads of the West National Heritage Area Act of 
1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2932--Golden Spike/Crossroads of the West National Heritage Area 
        Act of 1999

    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 2932 would cost the federal 
government $5.25 million over the 2001-2005 period. The act 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply. H.R. 2932 contains no 
private-sector or intergovernmental mandates as defined in the 
Unfunded Mandates Reform Act and would impose no significant 
costs on state, local, or tribal governments. Any costs to the 
state of Utah or local jurisdictions in that state would be 
incurred voluntarily.
    H.R. 2932 would establish the Crossroads of the West 
Historic District in the city of Odgen, Utah. The act would 
authorize the National Park Service (NPS) to make grants to or 
execute cooperative agreements with the state, local 
governments, or nonprofit groups under which the federal 
government would pay one-half of the cost of developing a plan 
for the district and implementing interpretive projects. The 
NPS also would be authorized to enter into cooperative 
agreements with these parties to finance one-half of the cost 
of restoring or repairing historic properties and to provide 
technical assistance and interpretive materials. For these 
purposes, the legislation would authorize the appropriation of 
$1 million annually, up to a total of $5 million.
    The act also would direct the NPS to conduct a study of the 
Golden Spike/Crossroads area of the new historic district. The 
three-year study would establish the suitability of this site 
for interpretation by the agency. Based on information from the 
NPS, we estimate this study would cost $250,000 over the 2001-
2003 period.
    On April 12, 2000, CBO transmitted a cost estimate for H.R. 
2932 as ordered reported by the House Committee on Resources. 
The two versions of the legislation are identical, as are the 
cost estimates.
    The CBO staff contacts for this estimate are Deborah Reis 
(for federal costs) and Majorie Miller (for the state and local 
impact). This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                      regulatory impact evaluation

    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 H.R. 2932. 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 H.R. 2932, as ordered reported.

                        executive communications

    On May 23, 2000, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on H.R. 2932. These 
reports had not been received at the time the report on H.R. 
2932 was filed. When the reports become available, the Chairman 
will request that they be printed in the Congressional Record 
for the advice of the Senate. The testimony provided by the 
National Park Service at the Subcommittee hearing follows:

   Statement of Katherine Stevenson, Associate Director for Cultural 
    Resources Stewardship and Partnerships, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you to present the position of 
the Department of the Interior on S. 1685, which authorizes the 
Golden Spike/Crossroads of the West National Heritage Area, and 
H.R. 2932, which authorizes a study of a Golden Spike/
Crossroads of the West National Heritage Area and establishes a 
Crossroads of the West National Historic District in Ogden, 
Utah.
    We support the concepts presented in S. 1685, except that 
we believe that designation of a heritage area is premature. We 
support Section 1 of the House-passed H.R. 2932, which 
authorizes a heritage area feasibility study. However, we 
oppose Section 2, which establishes an expanded Historic 
District in Ogden, Utah, and authorizes the Department to fund 
historic preservation, rehabilitation and interpretation of 
properties in the district. We oppose this section of H.R. 2932 
because the National Park Service has existing preservation and 
funding authorities for such projects in historic districts.
    Northen Utah has a rich natural and cultural heritage. A 
primary focal point of this heritage is the transcontinental 
railroad which was completed in 1869. This history is 
commemorated at Golden Spike National Historic Site, 
established in 1965. However, the story of railroading and its 
subsequent impacts on surrounding landscapes and communities 
goes beyond the park's boundaries. That bigger story has been 
recognized for many years and has been the subject of many 
plans and actions, and told in a number of ways and by a 
variety of organizations. What is missing is a framework or 
umbrella within which to comprehensively tell this important 
story and provide for the continued protection of the cultural 
resources and natural landscapes. The creation of a national 
heritage corridor that includes Ogden could provide that 
umbrella.
    A National Heritage Area is a place where natural, 
cultural, historic and recreational resources combine to form a 
nationally distinctive landscape arising from patterns of human 
activity. Heritage conservation efforts are grounded in a 
community's pride in its history and traditions, and its 
interest in seeing them retained. Preserving the integrity of 
the cultural landscape and local stories means that future 
generations of the community will be able to understand and 
define who they are, where they come from, and what ties them 
to their home. Heritage areas are designed to protect regional 
landscapes and resources that tell the story of its residents.
    Both S. 1685 and H.R. 2932 address a national heritage area 
in northern Utah, although in different ways.
    S. 1685 would authorize a Golden Spike/Crossroads of the 
West National Heritage Area which includes only the 24th and 
25th Street Historic District and Union Pacific Railroad in 
Ogden, Utah. The bill outlines the management of the heritage 
area, authorizes the expenditure of federal funds for grants, 
provides for technical assistance from federal agencies and 
requires the creation of a management plan for the area. The 
bill also calls for a study of a national heritage corridor 
from Ogden to Promontory Point.
    H.R. 2932 authorizes the study of a heritage area along the 
corridor of the transcontinental railroad in Northern Utah.
    We believe that it would be premature to designate a 
national heritage area now, as S. 1685 would do within one area 
in Ogden, because there has not yet been a study of the 
suitability of such a designation. We recommend that there 
should be an authorization for a study as both bills provide, 
subject to the availability of appropriations.
    We recommend that the area described in Section 1 of H.R. 
2932 be studied as a possible national heritage corridor for 
the transcontinental railroad in Utah. Much work has been done 
to evaluate resources along the Union Pacific and Central 
Pacific/Southern Pacific Railroads, across the state of Utah 
and even beyond, by a variety of organizations. This work needs 
to be brought together and a strategy developed for long-term 
use and protection.
    As part of the study, partners should be identified and a 
common vision developed. It is obvious that the city of Ogden 
is interested in pursing this concept, and will be a strong 
participant in the success of this corridor. However, it is 
extremely important that existing cooperative entities 
including the Bureau of Land Management, Union Pacific 
Railroad, the cities of Corinne, Mariott-Slaterville, Brigham, 
and Harrisville, the counties of Box Elder and Weber, and the 
National Park Service all participate in the preservation of a 
heritage corridor.
    Section 2 of H.R. 2932 establishes and defines a 
``Crossroads of the West Historic District'' that expands the 
existing 24th and 25th Street Historic District in Ogden. This 
section calls for a development plan, rehabilitation and 
restoration work to be funded, in part, by the National Park 
Service. It also authorizes the Secretary to provide technical 
assistance in preservation and interpretation of properties 
within the district.
    The assistance identified in Section 2 is already available 
through existing programs authorized by the Historic 
Preservation Act of 1966, as amended. While these programs are 
popular and competition is high, we see no need for additional 
legislation to conduct activities for which the National Park 
Service already has the authority.
    We would be happy to work with Ogden not only in applying 
for assistance to these existing programs, but also to make 
suggestions and recommendations on other opportunities 
available through state government as well as the private 
sector.
    The National Park Service would be happy to make available 
whatever kind of guidance and assistance that may be needed by 
all interested parties to focus on the protection and 
interpretation of the story of railroading in America, as 
preserved in this part of Utah.
    We can best accomplish this by conducting a heritage area 
feasibility study as stipulated by Section 1 of H.R. 2932 and 
working with the city of Ogden through existing historic 
preservation grant and assistance programs.
    We object to the authority in section 5(c)(1) of S. 1685 
for the management entity to use Federal funds to make loans to 
various entities. No criteria or administrative guidelines have 
been developed for heritage areas to ensure that the taxpayers' 
funds are being used properly. For management entities with 
limited administrative resources, it would be an administrative 
burden to set up payment schedules, underwriting, and loan 
servicing sufficient to provide confidence that a loan program 
is using Federal funds in an accountable manner. We believe 
there are more effective ways for management entities to use 
limited Federal funds than creating loan programs.
    We appreciate the committee's interest in this legislation, 
and look forward to working with you. I would be happy to 
respond to any questions that you may have.

                        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, H.R. 2932, as 
ordered reported.

                                  
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