[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.