[Senate Report 106-321]
[From the U.S. Government Publishing Office]
Calendar No. 639
106th Congress Report
SENATE
2d Session 106-321
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GOLDEN SPIKE RAIL STUDY
_______
June 27, 2000.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[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, 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.
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 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
three-year 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:
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.
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 opportunities
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.