16 U.S.C. § 410cccc–3 — Golden Spike National Historical Park
submitted 7 years ago by Pub. L. 116-9 to r/title-16-CONSERVATION · 781 words · no verdicts yet
This section renames the Golden Spike National Historic Site as Golden Spike National Historical Park and creates a Transcontinental Railroad education program inside the National Park Service. The Secretary must first study how to commemorate the railroad, then report to Congress, and must also coordinate with Utah on streamlined reviews and invasive species.
(a) Definitions. "Park" means the Golden Spike National Historical Park created by subsection (b)(1). "Program" means the Transcontinental Railroad commemoration program created by subsection (c). "Secretary" means the Secretary acting through the National Park Service Director. "Transcontinental Railroad" means the roughly 1,912-mile railroad built between 1863 and 1869 from Council Bluffs, Iowa, to San Francisco, California.
(b) Redesignation. (1) The Golden Spike National Historic Site, designated April 2, 1957, and run by the National Park Service under sections 410cccc through 410cccc–2, is renamed the "Golden Spike National Historical Park." (2) Any reference to the Golden Spike National Historic Site in a federal law, map, regulation, or record now means the Golden Spike National Historical Park.
(c) Transcontinental Railroad commemoration and program. (1) Subject to paragraph (2), the Secretary must create a National Park Service program to commemorate and interpret the Transcontinental Railroad. (2) Before creating the Program, the Secretary must study alternatives, including: (A) a historical assessment of the railroad; (B) identifying (i) existing park system land, other agencies' land, and federal programs related to preserving and interpreting the railroad, (ii) railroad-related properties that are, or could be, National Historic Landmarks or listed on (or eligible for) the National Register of Historic Places, (iii) railroad-related objects with educational, research, or interpretive value, and (iv) related government and non-government educational, research, or interpretive programs; and (C) recommending how to fold these resources into the Program and other ways to boost research, education, interpretation, and public awareness. (3) Within 3 years of funding becoming available for the study, the Secretary must report the study's findings and recommendations to the House Natural Resources Committee and Senate Energy and Natural Resources Committee. (4) The Program cannot include properties used in active freight railroad operations, or reasonably expected to be used for freight in the future. (5) In running the Program, the Secretary: (A) must produce and share educational materials on the railroad's history, construction, and legacy; (B) may enter cooperative agreements and give technical assistance to other agencies, states, local and regional governments, and private groups; and (C) may create an official symbol for the Program and issue guidance for using it.
(d) Programmatic agreement. (1) Within 180 days of March 12, 2019, the Secretary must try to sign a programmatic agreement with Utah's State Historic Preservation Officer, adding certain low-impact uses of park land to the list eligible for streamlined federal review under section 306108 of title 54. (2) That agreement must be developed under applicable law and in consultation with neighboring landowners, Indian Tribes, and other interested parties. (3) The Secretary must consider any application for a use covered by the agreement and, within 60 days of receiving it, approve it if it's consistent with the agreement and applicable law.
(e) Invasive species. The Secretary must consult and try to coordinate with neighboring landowners to address invasive species near and inside the park's boundaries.
In this section:
The term “Park” means the Golden Spike National Historical Park designated by subsection (b)(1).
The term “Program” means the program to commemorate and interpret the Transcontinental Railroad authorized under subsection (c).
The term “Secretary” means the Secretary, acting through the Director of the National Park Service.
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.
The Golden Spike National Historic Site designated April 2, 1957, and placed under the administration of the National Park Service under sections 410cccc to 410cccc–2 of this title, shall be known and designated as the “Golden Spike National Historical Park”.
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”.
Subject to paragraph (2), the Secretary shall establish within the National Park Service a program to commemorate and interpret the Transcontinental Railroad.
Before establishing the Program, the Secretary shall conduct a study of alternatives for commemorating and interpreting the Transcontinental Railroad that includes—
a historical assessment of the Transcontinental Railroad;
the identification of—
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;
any properties relating to the Transcontinental Railroad—
that are designated as, or could meet the criteria for designation as, National Historic Landmarks; or
that are included, or eligible for inclusion, on the National Register of Historic Places;
any objects relating to the Transcontinental Railroad that have educational, research, or interpretative value; and
any governmental programs and nongovernmental programs of an educational, research, or interpretive nature relating to the Transcontinental Railroad; and
recommendations for—
incorporating the resources identified under subparagraph (B) into the Program; and
other appropriate ways to enhance historical research, education, interpretation, and public awareness of the Transcontinental Railroad.
Not later than 3 years after the date on which funds are made available to carry out the study under paragraph (2), 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.
The Program shall not include any properties that are—
used in active freight railroad operations (or other ancillary purposes); or
reasonably anticipated to be used for freight railroad operations in the future.
In carrying out the Program under this subsection, the Secretary—
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;
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 section; and
may—
create and adopt an official, uniform symbol or device to identify the Program; and
issue guidance for the use of the symbol or device created and adopted under clause (i).
Not later than 180 days after March 12, 2019, the Secretary shall seek to enter into a programmatic agreement with the Utah State Historic Preservation Officer to add to the list of undertakings eligible for streamlined review under section 306108 of title 54 certain uses that would have limited physical impact to land in the Park.
The programmatic agreement entered into under paragraph (1) shall be developed—
in accordance with applicable laws (including regulations); and
in consultation with adjacent landowners, Indian Tribes, and other interested parties.
The Secretary shall—
consider any application for uses covered by the programmatic agreement; and
not later than 60 days after the receipt of an application described in subparagraph (A), approve the application, if the Secretary determines the application is consistent with—
the programmatic agreement entered into under paragraph (1); and
applicable laws (including regulations).
The Secretary shall consult with, and seek to coordinate with, adjacent landowners to address the treatment of invasive species adjacent to, and within the boundaries of, the Park.
Source credit: (Pub. L. 116–9, title II, § 2205, Mar. 12, 2019, 133 Stat. 738.)
- 2019Enacted · Pub. L. 116-9 · 133 Stat. 738
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-9 on 2019-03-12.
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