H.R. 5751 — what changed
Golden Spike 150th Anniversary Act
From Introduced in House to Reported in House. 5 sections amended between Introduced in House and Reported in House.
Sec. 2 Definitions
In this Act:
Adjacent landowner— The term adjacent landowner means the non-Federal owner of property that directly abuts the Park boundaries.
changed
Historical crossing— The term historical crossing means a corridor with a maximum width of 30 feet across historical former railroad rights-of-way within the Park—
changed
that have has been used by adjacent landowners in an open manner multiple times in more than 1 of the past 10 years for vehicle, farm machinery machinery, or livestock travel; or
where existing utility or pipelines have been placed.
Network— The term Network means the Transcontinental Railroad Network established under section 4.
Park— The term Park means the Golden Spike National Historical Park designated under section 3.
Secretary— The term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service.
removed
Superintendent— The term Superintendent means the Superintendent of the Park.
renumbered
was (9)
Transcontinental Railroad— The term Transcontinental Railroad means the approximately 1,912-mile continuous railroad constructed between 1863 and 1869 from Council Bluffs, Iowa, to San Francisco, California.
Sec. 3 Redesignation
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Redesignation— The Golden Spike National Historic Site established designated April 2, 1957, and placed under the administration of the National Park Service under the Act of July 10, 1965 (79 Stat. 426), shall be known and designated as the “Golden Spike National Historical Park”.
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 a reference to the “Golden Spike National Historical Park”.
Network— The Park shall be part of the Network.
Sec. 4 Transcontinental Railroad Network
changed
In general— The Secretary shall establish, within the National Park Service, a program to be known as the Transcontinental Railroad Network. The Network shall not include properties used in active freight railroad operations (or other ancillary purposes) or reasonably anticipated to be used for freight railroad operations in the future.
added
Study— The Secretary shall—
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inventory National Park Service sites, facilities, and programs; and
added
identify other sites, facilities, and programs,
renumbered
was (3)
Duties of the Secretary— In carrying out the Network, the Secretary shall—
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was (3)(3)
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;
renumbered
was (3)(4)
enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (d); and
renumbered
was (3)(5)
create and adopt an official, uniform symbol or device for the Network and issue guidance for the use of such symbol or device.
renumbered
was (4)
Elements— The Network shall encompass the following elements:
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was (4)(3)
All units and programs of the National Park Service that are determined by the Secretary to relate to the history, construction, and legacy of the Transcontinental Railroad.
added
With the consent of each person owning any legal interest in the property, other Federal, State, local, and privately owned properties that have a verifiable connection to the history, construction, and legacy of the Transcontinental Railroad and are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places.
removed
With the consent of each person owning any legal interest in the property, other Federal, State, local, and privately-owned properties that—
removed
have a verifiable connection to the history, construction, and legacy of the Transcontinental Railroad and are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places; or
removed
are otherwise determined by the Secretary to be connected to the history, construction, and legacy of the Transcontinental Railroad.
renumbered
was (4)(5)
Other governmental and nongovernmental programs of an educational, research, or interpretive nature that are directly related to the history, construction, and legacy of the Transcontinental Railroad.
added
Cooperative agreements and memoranda of understanding— To achieve the purposes of this section and to ensure effective coordination of the Federal and non-Federal elements of the Network described in subsection (d) with National Park System units and programs of the National Park Service, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agencies, States, units of local government, regional governmental bodies, and private entities.
removed
Cooperative agreements and memoranda of understanding— To achieve the purposes of this section and to ensure effective coordination of the Federal and non-Federal elements of the Network described in subsection (c) with National Park System units and programs of the National Park Service, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agencies, States, units of local government, regional governmental bodies, and private entities.
Sec. 5 Agreements affecting certain historical crossings
changed
Agreements—Programmatic agreement— At No later than 6 months after the request date of an adjacent landowner, enactment of this Act, the Superintendent Secretary shall enter into an agreement a Programmatic Agreement with the adjacent landowner regarding an existing historical crossing within Utah State Historic Preservation Office and other consulting parties to add certain undertakings in the Park.Park to the list of those eligible for streamlined review under section 106 of the Historic Preservation Act of 1966 (54 U.S.C. 306108). In the development of the Programmatic Agreement, the Secretary shall collaborate with adjacent landowners, Tribes, and other consulting parties.
changed
Terms of agreement—Adjacent landowners— After the completion of the Programmatic Agreement under subsection (a), an adjacent landowner shall give the Secretary notice of proposed certain undertakings. The agreement Programmatic Agreement shall provide that—include provision for a 30-day approval or disapproval process for the proposed certain undertaking.
added
Definition of certain undertakings— As used in this section, the term “certain undertakings” means those activities that take place on, within, or under a historical crossing and—
added
will last less than 1 month and will have limited physical impact on the surface of the historical crossing;
added
have been implemented by an adjacent landowner or other adjacent landowners in the past; or
added
is the subject of a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
removed
the adjacent landowner shall give notice to the Superintendent of a proposed activity that will affect the surface or subsurface of the historical crossing;
removed
the Superintendent shall review and approve or disapprove the proposed activity within 30 days of the date that the adjacent landowner gives notice of a proposed activity under paragraph (1);
removed
the Superintendent shall approve a proposed activity if—
removed
the adjacent landowner will restore the surface of the historical crossing within a reasonable time following the completion of the proposed activity;
removed
the proposed activity will last less than one month and will have limited physical impact on the surface of the historical crossing;
removed
the proposed activity has been implemented by the adjacent landowner or other adjacent landowners in the past; or
removed
the proposed activity is the subject of a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
removed
if the Superintendent disapproves the activity, the adjacent landowner may modify the proposed activity and resubmit it for review under paragraph (1).
Sec. 6 Invasive species control
changed
At the request of an adjacent landowner, within 30 days of such a request, the Superintendent Secretary shall authorize the adjacent landowner to participate in the eradication of exotic or invasive species in the Park for a period of up to 10 years, subject to renewal. Such an authorization shall provide—
changed
that the exotic or invasive species proposed for eradication is identified as such by the National Park Service;
changed
that the method, timing timing, and location of the eradication must be approved by the Superintendent; Secretary; and
appropriate indemnification of the adjacent landowner.