IIB 

115TH CONGRESS 

2D SESSION H. R. 5751 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2018 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To redesignate Golden Spike National Historic Site and to 

establish the Transcontinental Railroad Network. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Golden Spike 150th 

3 Anniversary Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ADJACENT LANDOWNER.—The term ‘‘adja7 cent landowner’’ means the non-Federal owner of 

8 property that directly abuts the Park boundaries. 

9 (2) HISTORICAL CROSSING.—The term ‘‘histor10 ical crossing’’ means a corridor with a maximum 

11 width of 30 feet across former railroad rights-of-way 

12 within the Park— 

13 (A) that has been used by adjacent land14 owners in an open manner multiple times in 

15 more than 1 of the past 10 years for vehicle, 

16 farm machinery, or livestock travel; or 

17 (B) where existing utility or pipelines have 

18 been placed. 

19 (3) NETWORK.—The term ‘‘Network’’ means 

20 the Transcontinental Railroad Network established 

21 under section 4. 

22 (4) PARK.—The term ‘‘Park’’ means the Gold23 en Spike National Historical Park designated under 

24 section 3. 


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1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior, acting through the Di3 rector of the National Park Service. 

4 (6) TRANSCONTINENTAL RAILROAD.—The term 

5 ‘‘Transcontinental Railroad’’ means the approxi6 mately 1,912-mile continuous railroad constructed 

7 between 1863 and 1869 from Council Bluffs, Iowa, 

8 to San Francisco, California. 

9 SEC. 3. REDESIGNATION. 

10 (a) REDESIGNATION.—The Golden Spike National 

11 Historic Site designated April 2, 1957, and placed under 

12 the administration of the National Park Service under the 

13 Act of July 10, 1965 (79 Stat. 426), shall be known and 

14 designated as the ‘‘Golden Spike National Historical 

15 Park’’. 

16 (b) REFERENCES.—Any reference in a law, map, reg17 ulation, document, paper, or other record of the United 

18 States to the Golden Spike National Historic Site shall 

19 be considered a reference to the ‘‘Golden Spike National 

20 Historical Park’’. 

21 (c) NETWORK.—The Park shall be part of the Net22 work. 

23 SEC. 4. TRANSCONTINENTAL RAILROAD NETWORK. 

24 (a) IN GENERAL.—The Secretary shall establish, 

25 within the National Park Service, the Transcontinental 


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1 Railroad Network. The Network shall not include prop2 erties used in active freight railroad operations (or other 

3 ancillary purposes) or reasonably anticipated to be used 

4 for freight railroad operations in the future. 

5 (b) STUDY.—The Secretary shall— 

6 (1) inventory National Park Service sites, facili7 ties, and programs; and 

8 (2) identify other sites, facilities, and programs, 

9 to determine their suitability for inclusion in the Network, 

10 as delineated under subsection (e). 

11 (c) DUTIES OF THE SECRETARY.—In carrying out 

12 the Network, the Secretary shall— 

13 (1) produce and disseminate appropriate edu14 cation materials relating to the history, construction, 

15 and legacy of the Transcontinental Railroad, such as 

16 handbooks, maps, interpretive guides, or electronic 

17 information; 

18 (2) identify opportunities to enhance the rec19 ognition of immigrant laborers’ contributions to the 

20 history, construction, and legacy of the Trans21 continental Railroad; 

22 (3) enter into appropriate cooperative agree23 ments and memoranda of understanding to provide 

24 technical assistance under subsection (d); and 


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1 (4) create and adopt an official, uniform symbol 

2 or device for the Network and issue guidance for the 

3 use of such symbol or device. 

4 (d) ELEMENTS.—The Network shall encompass the 

5 following elements: 

6 (1) All units and programs of the National 

7 Park Service that are determined by the Secretary 

8 to relate to the history, construction, and legacy of 

9 the Transcontinental Railroad. 

10 (2) With the consent of each person owning any 

11 legal interest in the property, other Federal, State, 

12 local, and privately owned properties that have a 

13 verifiable connection to the history, construction, 

14 and legacy of the Transcontinental Railroad and are 

15 included in, or determined by the Secretary to be eli16 gible for inclusion in, the National Register of His17 toric Places. 

18 (3) Other governmental and nongovernmental 

19 programs of an educational, research, or interpretive 

20 nature that are directly related to the history, con21 struction, and legacy of the Transcontinental Rail22 road. 

23 (e) COOPERATIVE AGREEMENTS AND MEMORANDA

24 OF UNDERSTANDING.—To achieve the purposes of this 

25 section and to ensure effective coordination of the Federal 


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1 and non-Federal elements of the Network described in 

2 subsection (d) with National Park System units and pro3 grams of the National Park Service, the Secretary may 

4 enter into cooperative agreements and memoranda of un5 derstanding with, and provide technical assistance to, the 

6 heads of other Federal agencies, States, units of local gov7 ernment, regional governmental bodies, and private enti8 ties. 

9 SEC. 5. AGREEMENTS AFFECTING CERTAIN HISTORICAL 

10 CROSSINGS. 

11 (a) PROGRAMMATIC AGREEMENT.—No later than 6 

12 months after the date of enactment of this Act, the Sec13 retary shall enter into a Programmatic Agreement with 

14 the Utah State Historic Preservation Office and other con15 sulting parties to add certain undertakings in the Park 

16 to the list of those eligible for streamlined review under 

17 section 106 of the Historic Preservation Act of 1966 (54 

18 U.S.C. 306108). In the development of the Programmatic 

19 Agreement, the Secretary shall collaborate with adjacent 

20 landowners, Tribes, and other consulting parties. 

21 (b) PROCESS FOR APPROVAL.—After the completion 

22 of the Programmatic Agreement under subsection (a), an 

23 adjacent landowner shall give the Secretary notice of pro24 posed certain undertakings. Within 30 days of the receipt 

25 of the notice, the Secretary shall review and approve the 


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1 proposed certain undertakings if consistent with the Pro2 grammatic Agreement. 

3 (c) DEFINITION OF CERTAIN UNDERTAKINGS.—As 

4 used in this section, the term ‘‘certain undertakings’’ 

5 means those activities that take place on, within, or under 

6 a historical crossing and— 

7 (1) will last less than 1 month and will have 

8 limited physical impact on the surface of the histor9 ical crossing; 

10 (2) have been implemented by an adjacent land11 owner or other adjacent landowners in the past; or 

12 (3) is the subject of a categorical exclusion 

13 under the National Environmental Policy Act of 

14 1969 (42 U.S.C. 4321 et seq.). 

15 SEC. 6. INVASIVE SPECIES CONTROL. 

16 At the request of an adjacent landowner, within 30 

17 days of such a request, the Secretary shall authorize the 

18 adjacent landowner to participate in the eradication of 

19 invasive species in the Park for a period of up to 10 years, 

20 subject to renewal. Such an authorization shall provide— 

21 (1) that the invasive species proposed for eradi22 cation is identified as such by the National Park 

23 Service; 

24 (2) that the method, timing, and location of the 

25 eradication must be approved by the Secretary; and 


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1 (3) appropriate indemnification of the adjacent 

2 landowner. 

3 SEC. 7. FUNDING CLARIFICATION. 

4 No additional funds are authorized to carry out the 

5 requirements of this Act. Such requirements shall be car6 ried out using amounts otherwise authorized. 

Passed the House of Representatives June 25, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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