[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2654 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2654

  To designate the Surface Transportation Board as a forum to improve 
  passenger rail and other fixed guideway passenger transportation by 
 allowing improved 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

                             July 26, 2001

 Mr. Clement (for himself, Ms. Kaptur, Mr. Blumenauer, Mrs. Tauscher, 
   Mr. Mica, and Mr. Honda) 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 to improve 
  passenger rail and other fixed guideway passenger transportation by 
 allowing improved 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 Accommodation 
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) the term `Board' means the Surface Transportation 
        Board;
            ``(2) the term `capital work' means maintenance, 
        restoration, reconstruction, capacity enhancement, or 
        rehabilitation work on trackage that would be treated, in 
        accordance with generally accepted accounting principles, as a 
        capital item rather than an expense;
            ``(3) the term `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));
            ``(4) the term `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;
            ``(5) the term `rail carrier' means a person, other than a 
        governmental authority, providing common carrier railroad 
        transportation for compensation subject to the jurisdiction of 
        the Board under chapter 105;
            ``(6) the term `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
            ``(7) the term `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, 
        including the performance of capital work if the mass 
        transportation authority has demonstrated that such capital 
        work is required for efficient and reliable passenger 
        operations on the trackage to be used.
    ``(b) Standard for Compensation; Quality of Service.--When 
prescribing reasonable compensation under subsection (a)(2), the Board 
shall consider alternative cost allocation principles, including 
incremental cost and fully allocated cost, under rules promulgated by 
the Board within 6 months after the date of the enactment of the 
Transit Rail Accommodation Improvement and Needs Act for the 21st 
Century. The Board shall consider quality of service by the rail 
carrier as a major factor when determining compensation for the use of 
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 or related capital work of trackage operated 
by or for the mass transportation authority has fallen below a 
necessary level to maintain reliable service at speeds necessary to 
provide convenient and efficient mass transportation service, the mass 
transportation authority may, after notice to the rail carrier and a 
sufficient period for maintenance or related capital work improvements, 
apply to the Board for an order requiring the rail carrier to provide 
increased or improved maintenance or related capital work 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 or related capital work 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 or related capital work.
    ``(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 capital work required to permit operation at the accelerated 
speeds. The Board shall decide whether accelerated speeds are 
practicable and which capital work would be required to make 
accelerated speeds 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) the mass transportation authority assumes a 
        reasonable allocation of costs associated with any necessary 
relocation of a rail carrier's trackage within the right-of-way; and
            ``(2) the fixed guideway transportation purpose of the 
        proposed segregated fixed guideway facility cannot be met 
        adequately at a reasonable cost 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 
unless the Board, on a case-by-case basis, has determined that the mass 
transportation authority has assumed rights or obligations under such 
order to provide transportation subject to the jurisdiction of the 
Board under chapter 105.
    ``(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''.

SEC. 4. RAIL TRANSPORTATION POLICY.

    Section 10101 of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (14);
            (2) by striking the period at the end of paragraph (15) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(16) to encourage and promote the operation of safe, 
        efficient, and reliable commuter rail passenger service and 
        other fixed guideway transportation systems, including 
        operations where the service will share lines, corridors, or 
        other facilities with freight railroads or with intercity rail 
        passenger service.''.
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