16 USC 410 - Golden Spike National Historic Site

Collapse to view only § 410cccc-1. Golden Spike National Historic Site

§ 410cccc. Acquisition of lands
§ 410cccc-1. Golden Spike National Historic Site
§ 410cccc-2. Authorization of appropriations
§ 410cccc-3.

§ 410cccc. Acquisition of lands

The Secretary of the Interior shall acquire on behalf of the United States by gift, purchase, condemnation, or otherwise, such lands and interest in land, together with any improvements thereon, as the Secretary may deem necessary for the purpose of establishing a national historic site commemorating the completion of the first transcontinental railroad across the United States on the site described on a map entitled “Proposed Golden Spike National Historic Site, Utah”, prepared by the National Park Service, Southwest Region, dated February 1963. In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property within the area depicted on such drawing, and in exchange therefor he may convey to the grantor of such property any federally owned property in the State of Utah under his jurisdiction which he classifies as suitable for exchange or other disposal. The properties so exchanged shall be of approximately equal value, but the Secretary may accept cash from, or pay cash to, the grantor in order to equalize the values of the properties exchanged.

(Pub. L. 89–102, § 1, July 30, 1965, 79 Stat. 426.)

§ 410cccc–1. Golden Spike National Historic Site

(a) The property acquired under the provisions of section 410cccc of this title shall be designated as the “Golden Spike National Historic Site” 1

1 See Change of Name note below.

and shall be set aside as a public national memorial. The National Park Service, under the direction of the Secretary of the Interior, shall administer, protect, and develop such historic site, subject to the provisions of the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 525 2

2 So in original. Probably should be “535”.

 ), as amended and supplemented, and the Act entitled “An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes”, approved August 21, 1935 (49 Stat. 666), as amended.

(b) In order to provide for the proper development and maintenance of such national historic site, the Secretary of the Interior is authorized to construct and maintain therein such markers, buildings, and other improvements, and such facilities for the care and accommodation of visitors, as he may deem necessary.

(Pub. L. 89–102, § 2, July 30, 1965, 79 Stat. 426.)

§ 410cccc–2. Authorization of appropriations

There are hereby authorized to be appropriated such sums, but not more than $5,422,000, as may be necessary for the acquisition of land and interests in land and for the development of the Golden Spike National Historic Site 1

1 See Change of Name note below.

pursuant to sections 410cccc to 410cccc–2 of this title.

(Pub. L. 89–102, § 3, July 30, 1965, 79 Stat. 426; Pub. L. 94–578, title II, § 201(5), Oct. 21, 1976, 90 Stat. 2733.)

§ 410cccc–3.

(a)

Definitions

In this section:

(1)

Park

(2)

Program

(3)

Secretary

(4)

Transcontinental railroad

(b)

Redesignation

(1)

Redesignation

(2)

References

(c)

Transcontinental Railroad commemoration and program

(1)

In general

(2)

Study

Before establishing the Program, the Secretary shall conduct a study of alternatives for commemorating and interpreting the Transcontinental Railroad that includes—

(A) a historical assessment of the Transcontinental Railroad;

(B) the identification of—

(i) 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;

(ii) any properties relating to the Transcontinental Railroad—(I) that are designated as, or could meet the criteria for designation as, National Historic Landmarks; or(II) that are included, or eligible for inclusion, on the National Register of Historic Places;

(iii) any objects relating to the Transcontinental Railroad that have educational, research, or interpretative value; and

(iv) any governmental programs and nongovernmental programs of an educational, research, or interpretive nature relating to the Transcontinental Railroad; and

(i) incorporating the resources identified under subparagraph (B) into the Program; and

(ii) other appropriate ways to enhance historical research, education, interpretation, and public awareness of the Transcontinental Railroad.

(3)

Report

(4)

Freight railroad operations

The Program shall not include any properties that are—

(A) used in active freight railroad operations (or other ancillary purposes); or

(B) reasonably anticipated to be used for freight railroad operations in the future.

(5)

Elements of the program

In carrying out the Program under this subsection, the Secretary—

(A) 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;

(B) 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

(i) create and adopt an official, uniform symbol or device to identify the Program; and

(ii) issue guidance for the use of the symbol or device created and adopted under clause (i).

(d)

Programmatic agreement

(1)

In general

(2)

Development and consultation

The programmatic agreement entered into under paragraph (1) shall be developed—

(A) in accordance with applicable laws (including regulations); and

(B) in consultation with adjacent landowners, Indian Tribes, and other interested parties.

(3)

Approval

The Secretary shall—

(A) consider any application for uses covered by the programmatic agreement; and

(B) 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—

(i) the programmatic agreement entered into under paragraph (1); and

(ii) applicable laws (including regulations).

(e)

Invasive species

(Pub. L. 116–9, title II, § 2205, Mar. 12, 2019, 133 Stat. 738.)