79–010

Calendar No. 639

106TH CONGRESS REPORT

2d Session " ! SENATE 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

REPORT

[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,

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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.

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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

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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 threeyear 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:

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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.

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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 opporVerDate 11-MAY-2000 00:20 Jun 30, 2000 Jkt 079010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR321.XXX pfrm09 PsN: SR321
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tunities 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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