[Senate Report 115-368]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 655
                                                       
115th Congress     }                                       {    Report
                                   SENATE
 2d Session        }                                       {   115-368

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



 
                   GOLDEN SPIKE 150TH ANNIVERSARY ACT

                                _______
                                

               November 15, 2018.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2831]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2831) to redesignate Golden Spike 
National Historic Site and to establish the Transcontinental 
Railroad Network, reports favorably thereon with an amendment 
in the nature of a substitute and an amendment to the title and 
recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. Strike all after the enacting clause and insert the 
following:

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).

    2. 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.''.

                                Purpose

    The purpose of S. 2831, as ordered reported, is to 
redesignate the Golden Spike National Historic Site as the 
Golden Spike National Historical Park, and to establish a 
program to commemorate and interpret the Transcontinental 
Railroad.

                          Background and Need

    On May 10, 1869, the first transcontinental railroad was 
completed as the final spike was driven into the ground in 
Promontory Summit in northern Utah. The Central Pacific and 
Union Pacific railroads built 1,776 miles of hand-made line, 
which met on this site. The significance of the railroad itself 
is well known, but the site of its completion is less so. In 
1965, the location was designated as a National Historic Site 
(54 U.S.C. 320101 note). The site features a visitor center 
built in 1969, as well as two fully functional replicas of the 
original locomotives that met at Promontory Summit.
    S. 2831 redesignates the National Historic Site as a 
National Historical Park. The bill will also establish within 
the National Park System (NPS) a program to commemorate and 
interpret the Transcontinental Railroad. Prior to establishing 
the program, the Secretary of the Interior (Secretary) is 
directed to conduct a study of alternatives to commemorate and 
interpret the Transcontinental Railroad.

                          Legislative History

    S. 2831 was introduced on May 10, 2018, by Senators Hatch 
and Lee.
    Representatives Bishop, Curtis, Love, and Stewart 
introduced companion legislation, H.R. 5751, in the House of 
Representatives on May 10, 2018. H.R. 5751 was ordered 
reported, as amended, by the Natural Resources Committee on 
June 6, 2018 (H. Rept. 115-782) and passed the House of 
Representatives by voice vote on June 25, 2018.
    The Subcommittee on National Parks held a hearing on S. 
2831 and H.R. 5751 on August 15, 2018.
    The Committee on Energy and Natural Resources met in open 
business session on October 2, 2018, and ordered S. 2831 
favorably reported, as amended.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on October 2, 2018, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
2831, if amended as described herein.

                          Committee Amendment

    During its consideration of S. 2831, the Committee adopted 
an amendment in the nature of a substitute. The substitute 
amendment modified the definitions and removed language 
regarding the Transcontinental Railroad Network in section 4, 
historical crossings in section 5, and exotic or invasive 
species control in section 6. The substitute amendment also 
added a new program to commemorate and interpret the 
Transcontinental Railroad.
    The Committee also adopted an amendment to the title to 
reflect the program established to commemorate and interpret 
the Transcontinental Railroad. The amendment to the title 
reflects the changes made by the substitute relating to the 
Transcontinental Railroad.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 contains the short title.

Section 2. Definitions

    Section 2 contains key definitions.

Section 3. Redesignation

    Section 3 redesignates the Golden Spike National Historical 
Site as the Golden Spike National Historical Park and updates 
any applicable references accordingly.

Section 4. Transcontinental Railroad commemoration and program

    Subsection (a) directs the Secretary, subject to subsection 
(b), to establish a program within the NPS to commemorate and 
interpret the Transcontinental Railroad.
    Subsection (b) requires the Secretary to study alternatives 
for commemorating and interpreting the Transcontinental 
Railroad before establishing the program. The study must 
include a historical assessment of the Transcontinental 
Railroad. It must also include the identification of existing 
National Park System land and affiliated areas, Federally-
managed land, and Federal programs that may relate to the 
Transcontinental Railroad; any related properties that are 
designated as a National Historic Landmark or included on the 
National Register of Historic Places, or could meet the 
criteria for such designation or inclusion; any related objects 
that have educational, research, or interpretative value; and 
any related governmental and nongovernmental programs of an 
educational, research, or interpretative nature. The study is 
to include recommendations for incorporating these identified 
resources into the program and for other ways to enhance 
historical research, education, interpretation, and public 
awareness of the Transcontinental Railroad.
    Subsection (c) requires the Secretary to submit a report 
with the study's findings and recommendations to the House 
Natural Resources Committee and the Senate Energy and Natural 
Resources Committee within three years of funds being made 
available to conduct the study.
    Subsection (d) exempts from the program any properties that 
are used in active freight railroad operations (or other 
ancillary purposes) or properties that may be reasonably 
anticipated to be used for future freight railroad operations.
    Subsection (e) directs the Secretary to produce and 
disseminate appropriate education materials relating to the 
history, construction, and legacy of the Transcontinental 
Railroad. This subsection also authorizes the Secretary to 
enter into appropriate cooperative agreements and memoranda of 
understanding and provide technical assistance to the heads of 
other Federal agencies, States, units of local governments, 
regional governmental bodies, and private entities to further 
the purposes of the legislation and the program. This 
subsection further authorizes the Secretary to create and adopt 
an official uniform symbol or device to identify the program 
and issue any related guidance.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    S. 2831 would redesignate the Golden Spike National 
Historic Site in Promontory, Utah, as the Golden Spike National 
Historical Park. The bill also would direct the National Park 
Service (NPS) to establish the Transcontinental Railroad 
Network, which would comprise existing units and programs of 
the NPS related to the history of the Transcontinental Railroad 
as well as the properties and programs of other federal, state, 
local, and private entities that join the network.
    Redesignating the Golden Spike National Historic Site may 
require the NPS to update maps, informational materials, and 
signage. Based on the costs of similar tasks, CBO estimates 
that those costs would be insignificant and would be subject to 
the availability of appropriated funds.
    As part of establishing the Transcontinental Railroad 
Network, the NPS would produce and distribute maps and 
interpretive guides, create and adopt an official symbol for 
the network, and provide assistance to participating entities. 
Using information from the NPS about the costs of administering 
similar efforts and based on the expected scope of the program, 
CBO estimates that the agency would need less than $500,000 in 
the first year following enactment for basic planning, 
developing educational materials, and coordinating activities 
with participating entities. In subsequent years, CBO estimates 
that the NPS would require about $1 million each year to manage 
the network and provide technical assistance to participating 
entities through cooperative agreements.
    In total, CBO estimates that implementing S. 2831 would 
cost about $4 million over the 2019-2023 period; such spending 
would be subject to availability of appropriated funds.
    Enacting S. 2831 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 2831 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    S. 2831 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On June 22, 2018, CBO transmitted a cost estimate for H.R. 
5751, the Golden Spike 150th Anniversary Act, as ordered 
reported by the House Committee on Natural Resources on June 6, 
2018. The two pieces of legislation are similar, and CBO's 
estimates of their budgetary effects are the same.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was reviewed by H. Samuel Papenfuss, 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 S. 2831. 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. 2831, as ordered reported.

                   Congressionally Directed Spending

    S. 2831, 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 testimony provided by the Department of the Interior at 
the August 15, 2018, hearing on S. 2831 follows:

Statement of P. Daniel Smith, Deputy Director, Exercising the Authority 
    of the Director of the National Park Service, Department of the 
                                Interior

    Chairman Daines, Ranking Member King, and members of the 
Subcommittee, thank you for the opportunity to present the 
Department of the Interior's views on H.R. 5751 and S. 2831, 
bills to redesignate Golden Spike National Historic Site and to 
establish the Transcontinental Railroad Network.
    The Department supports redesignating Golden Spike National 
Historic Site as Golden Spike National Historical Park, which 
is in keeping with Secretary Zinke's commitment to highlight 
less-visited units of the National Park System (System). As we 
approach the celebration of the 150th anniversary of the May 
10, 1869, ``Last Spike'' ceremony marking the completion of the 
first transcontinental railway, this is a fitting time to enact 
this redesignation. The Department supports the goals of the 
other provisions of H.R. 5751 and S. 2831, but has concerns, as 
explained in this statement, and would like to work with the 
Committee on amendments to address those concerns.
    Section 3 of both bills would redesignate Golden Spike 
National Historic Site (Site) as Golden Spike National 
Historical Park (Park) and include it in the Transcontinental 
Railroad Network that would be established by Section 4. The 
Site preserves 2,735 acres of land where the Union Pacific 
Railroad and the Central Pacific Railroad came together to form 
the first transcontinental railroad, linking the United States 
politically, economically and physically. Set in a vast open 
landscape mostly unchanged from 1869, the Site retains an 
unparalleled concentration of historic transcontinental 
railroad engineering features, archeological sites, and 
associated cultural landscape elements. It is the only System 
unit that preserves physical evidence of the technology and 
methods involved in construction, completion, and maintenance 
of the transcontinental railroad. The National Park Service 
(NPS) operates replica locomotives ``Jupiter'' and ``No. 119'' 
daily in the summer. These provide visitors with a unique 
opportunity to learn about the transcontinental railroad.
    The transcontinental railroad was among the greatest 
technological feats of the 19th Century and represents one of 
the most ambitious and expensive projects ever undertaken by 
the federal government. The daunting task of construction 
across vast expanses of the country, within a relatively short 
time frame, required the government to forge creative 
partnerships with private corporations to accomplish this 
unprecedented construction feat. The legacy of this government 
corporate partnership, and the fierce competition it spawned 
between rival railroad companies, is clearly reflected in the 
parallel grades and other features. Thousands of people, 
including Civil War veterans, Buffalo Soldiers, Mormons, and 
American Indians, as well as immigrants from Ireland, China, 
and other nations, were employed in the railroad's 
construction, often toiling under the harshest of conditions in 
some of the most remote and difficult landscapes of the West. 
The Site offers a walking trail and two opportunities to drive 
the transcontinental railroad grade and see what workers were 
building in 1869, including the ``10 Miles of Track, Laid in 
One Day'' sign where the Central Pacific Railroad built 10 
miles and 56 feet of track on April 28, 1869.
    Golden Spike National Historic Site was first designated a 
national historic site on April 2, 1957, by Secretary of the 
Interior Fred Seaton using the authority of the 1935 Historic 
Sites Act. The Site consisted of seven acres of land owned by 
the Central Pacific Railway Company. Eight years later, through 
Public Law 89-102, enacted July 30, 1965, Congress authorized 
the acquisition of approximately 2,200 acres of land for the 
Site and placed it under the administration of the NPS. Most of 
the land acquisition, which included 15 miles of historic 
railroad grade and associated archeological features that 
remained from the construction, was completed in 1966 and 1967. 
The Site's boundary was expanded by 532 acres through Public 
Law 96-344, enacted September 8, 1980, mainly to protect 
additional cultural features.
    The NPS encourages Congress to follow a standard pattern of 
nomenclature for units of the System, and prefers that the term 
``national historical park'' be reserved for units of greater 
physical extent and complexity than typical national historic 
sites, which are sometimes smaller than one acre with a single 
historic structure. Today, among System units that are 
designated ``national historic sites,'' Golden Spike, at 2,735 
acres, is second in size only to the Sand Creek Massacre 
National Historic Site. Given the Site's size and the 
complexity of the resources that are managed at the Site, the 
Department believes that it is wholly appropriate to 
redesignate Golden Spike National Historic Site as Golden Spike 
National Historical Park.
    Section 4 of both bills would establish a Transcontinental 
Railroad Network program (Network). The Department supports the 
goal of raising the profile of other transcontinental railroad 
sites and resources and promoting opportunities for visitors to 
learn about this chapter in our nation's history. However, we 
note that there has been no study conducted to determine the 
most appropriate way to commemorate and interpret 
transcontinental railroad sites and resources nor to define the 
significance of the objects or sites to be commemorated and 
interpreted. At a time when the Department is focusing 
resources on reducing the NPS's $11.6 billion deferred 
maintenance backlog and addressing other critical national park 
needs, the Network and the infrastructure needed to support it 
will be difficult to prioritize.
    Section 5 of both bills would create Park-specific 
processes and timelines for authorizing adjacent landowners to 
undertake certain activities in historical crossings. NPS 
superintendents currently have the delegated authority to 
approve or deny requests from stakeholders related to many 
types of activities on NPS lands, including issuing special use 
permits, approval of amendments, and renewals of existing 
rights-of-way, pursuant to Director's Order #53: Special Park 
Uses. Authority to approve new requests for rights-of-way is 
delegated to NPS regional directors, also pursuant to 
Director's Order #53. Similarly, Section 6 of both bills would 
create Park-specific processes and timelines for adjacent 
landowners to participate in the eradication of invasive 
species on NPS land. NPS superintendents currently have the 
delegated authority to approve or deny requests from 
stakeholders to participate in eradication of invasive species, 
pursuant to Director's Order #7: Volunteers-in-Parks. The 
Department is concerned that sections 3, 5 and 6 would create 
unnecessary new processes that are too broad and do not align 
with laws, regulations, and policies that generally apply to 
all units of the System.
    As introduced, H.R. 5751 and S. 2831 contained identical 
text. As amended and passed by the House, H.R. 5751 contains 
notable differences from the bills as introduced. Changes to 
H.R. 5751 include:
            Clarifications to the definition of 
        ``historical crossing'';
            Clarifications related to the initial 
        establishment and administration of Golden Spike 
        National Historic Site;
            A requirement for a study to identify 
        sites, facilities, and programs suitable for inclusion 
        in the Transcontinental Railroad Network;
            A requirement to identify opportunities to 
        enhance the recognition of immigrant laborers' 
        contributions to the history, construction, and legacy 
        of the Transcontinental Railroad in carrying out the 
        Transcontinental Railroad Network;
            A requirement for entering into a 
        programmatic agreement with the Utah State Historic 
        Preservation Office and other consulting parties and a 
        Park-specific process for authorizing adjacent 
        landowners to undertake certain activities in 
        historical crossings; and
            Clarifications related to invasive species 
        control.
    We appreciate the changes the House made to H.R. 5751 after 
the bill's introduction. However, the Department has additional 
concerns that remain unaddressed. As the Committee moves 
forward on this legislation, we would like to work with the 
Committee and the bills' sponsors to resolve remaining issues.
    With visitation at Golden Spike National Historic Site on 
the rise for several years now, the NPS looks forward to 
working with partners to host a grand and memorable 150th 
anniversary event. The sesquicentennial year presents unique 
opportunities to increase partnerships in support of the park, 
as well as increase awareness and understanding of the 
transcontinental railroad's significant role in our nation's 
history.
    Mr. Chairman, this concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 2831, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                           PUBLIC LAW 89-102


                                 AN ACT

To authorize the Secretary of the Interior to acquire lands 
for, and to develop, operate, and maintain the [Golden Spike 
National Historic Site] Golden Spike National Historical Park.
    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
Secretary of the Interior shall acquire on behalf of the United 
States by gift, purchase, condemnation, or otherwise, such 
lands and interest in land, together with any improvements 
thereon, as the Secretary may deem necessary for the purpose of 
establishing a national historic site commemorating the 
completion of the first transcontinental railroad across the 
United States on the site described on a map entitled 
``Proposed [Golden Spike National Historic Site] Golden Spike 
National Historical Park, Utah'', prepared by the National Park 
Service, Southwest Region, dated February 1963. In exercising 
his authority to acquire property by exchange, the Secretary 
may accept title to any non-Federal property within the area 
depicted on such drawing, and in exchange therefor he may 
convey to the grantor of such property any federally owned 
property in the State of Utah under his jurisdiction which he 
classifies as suitable for exchange or other disposal. The 
properties so exchanged shall be of approximately equal value, 
but the Secretary may accept cash from, or pay cash to, the 
grantor in order to equalize the values of the properties 
exchanged.
    Sec. 2. (a) The property acquired under the provisions of 
the first section of this Act shall be designated as the 
``[Golden Spike National Historic Site] Golden Spike National 
Historical Park'' and shall be set aside as a public national 
memorial. The National Park Service, under the direction of the 
Secretary of the Interior, shall administer, protect, and 
develop such historic site, subject to the provisions of the 
Act entitled, ``An Act to establish a National Park Service, 
and for other purposes'', approved August 25, 1916 (39 Stat. 
525), as amended and supplemented, and the Act entitled ``An 
Act to provide for the preservation of historic American sites, 
buildings, objects, and antiquities of national significance, 
and for other purposes'', approved August 21, 193 missing (49 
Stat. 666), as amended.
    (b) In order to provide for the proper development and 
maintenance of such national historic site, the Secretary of 
the Interior is authorized to construct and maintain therein 
such markers, buildings, and other improvements, and such 
facilities for the care and accommodation of visitors, as he 
may deem necessary.
    Sec. 3. There are hereby authorized to be appropriated such 
sums, but not more than $1,168,000, as may be necessary for the 
acquisition of land and interests in land and for the 
development of the [Golden Spike National Historic Site] Golden 
Spike National Historical Park pursuant to this Act.