[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4507 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4507

To designate the Surface Transportation Board as a forum for resolution 
 of disagreements between mass transportation authorities and freight 
railroads regarding access to freight track and rights-of-way for fixed 
   guideway transportation in consideration for just and reasonable 
                   compensation to freight railroads.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2000

Mr. Clement (for himself, Mr. Mica, Mrs. Tauscher, Mr. Regula, and Mr. 
 Blumenauer) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To designate the Surface Transportation Board as a forum for resolution 
 of disagreements between mass transportation authorities and freight 
railroads regarding access to freight track and rights-of-way for fixed 
   guideway transportation in consideration for just and reasonable 
                   compensation to freight railroads.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transit Rail Access Improvement and 
Needs Act for the 21st Century''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) modern and efficient fixed guideway transportation is 
        important to the viability and well being of metropolitan areas 
        and to the energy conservation and self-sufficiency goals of 
        the United States;
            (2) public convenience and necessity require the 
        development of fixed guideway transportation systems in 
        metropolitan areas presently without such service, and the 
        expansion of existing systems in metropolitan areas already 
        receiving such service;
            (3) use of existing railroad trackage and rights-of-way in 
        and around metropolitan areas provides a unique and valuable 
        opportunity for the development and expansion of fixed guideway 
        transportation facilities with a minimum of disruption to the 
        environment and the surrounding community; and
            (4) voluntary negotiations between mass transportation 
        authorities and rail carriers regarding shared use of existing 
        railroad trackage and rights-of-way have not been adequate to 
        ensure the development of sound and efficient fixed guideway 
        transportation systems.

SEC. 3. RAIL TRANSIT ACCESS.

    (a) Amendment.--Part E of subtitle V of title 49, United States 
Code, is amended by adding at the end the following new chapter:

                   ``CHAPTER 285--RAIL TRANSIT ACCESS

``Sec.
``28501. Definitions.
``28502. Shared use of rail carrier trackage by mass transportation 
                            authorities.
``28503. Shared use of rail rights-of-way by mass transportation 
                            authorities.
``28504. Applicability of other laws.
``28505. Standards for Board action.
``Sec. 28501. Definitions
    ``In this chapter--
            ``(1) `Board' means the Surface Transportation Board;
            ``(2) `fixed guideway transportation' means mass 
        transportation (as defined in section 5302(a)(7)) provided on, 
        by, or using a fixed guideway (as defined in section 
        5302(a)(4));
            ``(3) `mass transportation authority' means a local 
        governmental authority (as defined in section 5302(a)(6)) 
        established to provide, or make a contract providing for, fixed 
        guideway transportation;
            ``(4) `rail carrier' means a person providing common 
        carrier railroad transportation for compensation subject to the 
        jurisdiction of the Board under chapter 105;
            ``(5) `segregated fixed guideway facility' means a fixed 
        guideway facility constructed within the railroad right-of-way 
        of a rail carrier but physically separate from trackage, 
        including relocated trackage, within the right-of-way used by a 
        rail carrier for freight transportation purposes; and
            ``(6) `trackage' means a railroad line of a rail carrier, 
        including a spur, industrial, team, switching, side, yard, or 
        station track, and a facility of a rail carrier.
``Sec. 28502. Shared use of rail carrier trackage by mass 
              transportation authorities
    ``(a) Authority.--If, after negotiation, a mass transportation 
authority cannot reach agreement with a rail carrier to use trackage 
of, and have related services provided by, the rail carrier for 
purposes of fixed guideway transportation, the Board shall, upon 
application of the mass transportation authority or the rail carrier, 
and if the Board finds it necessary or useful to carry out this 
chapter--
            ``(1) order that the trackage be made available and the 
        related services be provided to the mass transportation 
        authority; and
            ``(2) prescribe reasonable terms and compensation for use 
        of the trackage and provision of the related services, based 
        upon the rail carrier's incremental cost of providing such 
        trackage and services.
    ``(b) Quality of Service.--When prescribing reasonable compensation 
under subsection (a)(2), the Board shall consider quality of service as 
a major factor when determining whether, and the extent to which, the 
amount of compensation shall be greater than the incremental costs of 
using the trackage and providing the related services.
    ``(c) Terms of Operation.--When prescribing reasonable terms under 
subsection (a)(2), the Board may prescribe the number of trains that 
may be operated by or for the mass transportation authority, the speeds 
at which such trains may be operated, and the trackage maintenance 
levels to be provided by the rail carrier.
    ``(d) Additional Trains.--When a rail carrier and a mass 
transportation authority cannot agree to terms for the operation of 
additional trains by or for a mass transportation authority over a rail 
line of the carrier, the mass transportation authority or the rail 
carrier may apply to the Board for an order establishing such terms. If 
the Board finds it reasonable to carry out this chapter, the Board 
shall order the rail carrier to allow operation of the requested 
additional trains on such terms as the Board finds reasonable under the 
circumstances.
    ``(e) Trackage Maintenance.--If a mass transportation authority 
believes that maintenance on trackage operated by or for the mass 
transportation authority has fallen below a safe or necessary level, 
the mass transportation authority may, after notice to the rail carrier 
and a sufficient period for maintenance improvements, apply to the 
Board for an order requiring the rail carrier to provide increased or 
improved maintenance on the trackage. If the Board finds it reasonable 
to carry out this part, the Board shall order the rail carrier to 
provide such increased or improved maintenance as the Board finds 
reasonable under the circumstances. The remedy available under this 
subsection shall be in addition to any contract rights that a mass 
transportation authority may possess with respect to trackage 
maintenance.
    ``(f) Accelerated Speeds.--If a rail carrier refuses to allow 
accelerated speeds for trains operated by or for a mass transportation 
authority, the mass transportation authority may apply to the Board for 
an order requiring the rail carrier to allow the accelerated speeds and 
related improvements. The Board shall decide whether accelerated speeds 
are unsafe or impracticable and which improvements would be required to 
make accelerated speeds safe and practicable. The Board shall establish 
the maximum allowable speeds for trains operated by or for a mass 
transportation authority on terms the Board decides are reasonable.
    ``(g) Preference Over Freight Transportation.--Except in an 
emergency, fixed guideway transportation provided by or for a mass 
transportation authority pursuant to an order issued under subsection 
(a) has preference over freight transportation in using a rail line, 
junction, or crossing unless the Board orders otherwise under this 
chapter. A rail carrier affected by this subsection may apply to the 
Board for relief. If the Board decides that preference for fixed 
guideway transportation materially will lessen the quality of freight 
transportation provided to shippers, the Board shall establish the 
rights of the rail carrier and the mass transportation authority on 
reasonable terms.
    ``(h) Final Determination.--The Board shall make a determination 
under this section not later than 120 days after a mass transportation 
authority or a rail carrier submits an application to the Board.
``Sec. 28503. Shared use of rail rights-of-way by mass transportation 
              authorities
    ``(a) General Authority.--If, after negotiation, a mass 
transportation authority cannot reach agreement with a rail carrier to 
acquire an interest in a railroad right-of-way for the construction and 
operation of a segregated fixed guideway facility, the mass 
transportation authority may apply to the Board for an order requiring 
the rail carrier to convey an interest to the authority. The Board, not 
later than 120 days after receiving the application, shall order the 
interest conveyed if--
            ``(1) conveyance will not impair significantly the 
        efficient handling of rail freight traffic;
            ``(2) the mass transportation authority assumes all 
        reasonable costs associated with any necessary relocation of a 
        rail carrier's trackage within the right-of-way; and
            ``(3) the fixed guideway transportation purpose of the 
        proposed segregated fixed guideway facility cannot be met 
        adequately by acquiring an interest in other property.
    ``(b) Compensation and Terms.--A conveyance ordered by the Board 
under this section shall be subject to the payment of just compensation 
and to such other reasonable terms as the Board may prescribe.
``Sec. 28504. Applicability of other laws
    ``(a) Board Review or Approval.--Operations or conveyances 
undertaken pursuant to an order issued under section 28502 or 28503 are 
not subject to Board review or approval under subtitle IV of this 
title.
    ``(b) Contractual Obligations for Claims.--Nothing in this chapter 
shall be construed to limit a rail transportation provider's right 
under section 28103(b) to enter into contracts that allocate financial 
responsibility for claims.
``Sec. 28505. Standards for Board action
    ``In proceedings under sections 28502 and 28503 the Board shall 
utilize, to the extent relevant and feasible, the principles, 
standards, and precedents utilized in proceedings under sections 24308 
and 24311(c) involving the National Railroad Passenger Corporation.''.
    (b) Conforming Amendments.--
            (1) Limitations on rail passenger transportation 
        liability.--Section 28103(a) of title 49, United States Code, 
        is amended by inserting ``or other fixed guideway 
        transportation'' after ``commuter''.
            (2) Table of chapters.--The table of chapters of subtitle V 
        of title 49, United States Code, is amended by adding after the 
        item relating to chapter 283 the following new item:

        ``285. RAIL TRANSIT ACCESS.........................    28501''.
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