[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3202 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3202

 To facilitate the transport of additional hydrocarbons to extend the 
   life of the trans-Alaska oil pipeline, to further American energy 
                   security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2016

 Ms. Murkowski (for herself and Mr. Sullivan) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To facilitate the transport of additional hydrocarbons to extend the 
   life of the trans-Alaska oil pipeline, to further American energy 
                   security, and for other purposes.

    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 ``Alaska Rails for Resources Act of 
2016'' or the ``AR4RA Act of 2016''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to facilitate the transport of additional hydrocarbons 
        to extend the life the trans-Alaska oil pipeline; and
            (2) to further the energy security of the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Federal coordinator.--The term ``Federal Coordinator'' 
        means the head of the Office of the Federal Coordinator 
        established by section 6.
            (2) Rails for resources project.--The term ``Rails for 
        Resources project'' means the construction of either a single- 
        or double-tracked railroad line that runs from--
                    (A) a terminal in Canada; to
                    (B) a terminal near Delta Junction, Alaska or 
                Glennallen, Alaska.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Alaska.

SEC. 4. AUTHORIZATION OF RAILROAD CONSTRUCTION IN ALASKA.

    (a) Certificate of Public Convenience and Necessity.--
            (1) In general.--Subject to subsections (b) and (c) and 
        section 10901 of title 49, United States Code, the Surface 
        Transportation Board shall issue or deny a certificate to an 
        applicant requesting authorization to complete the Rails for 
        Resources project not later than 60 days after the date of 
        issuance of the final environmental impact statement under 
        section 102(2)(C) of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4332(2)(C)).
            (2) Modifications.--The certificate issued pursuant to 
        paragraph (1) may--
                    (A) approve the application as filed or with 
                modifications; and
                    (B) require compliance with conditions (other than 
                labor protection conditions) the Board finds necessary 
                in the public interest.
    (b) Considerations.--In considering an application under subsection 
(a), the Surface Transportation Board shall presume that--
            (1) a public need exists to construct and operate the 
        proposed Rails for Resources project; and
            (2) sufficient downstream capacity will exist to transport 
        the bitumen moving through the project to a termination 
        processing site in Alaska.
    (c) Authorization To Transport.--The railroad constructed by the 
Rails for Resources project shall be authorized to transport bitumen 
and other types of freight.

SEC. 5. ENVIRONMENTAL REVIEWS.

    (a) Compliance With NEPA.--The issuance of a certificate under 
section 4 shall be treated as a major Federal action significantly 
affecting the quality of the human environment within the meaning of 
section 102(2)(C) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)).
    (b) Designation of Lead Agency.--
            (1) In general.--The Surface Transportation Board shall be 
        the lead agency for purposes of compliance with the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (c) Environmental Impact Statement.--
            (1) In general.--The Surface Transportation Board shall 
        prepare the environmental impact statement or similar analysis 
        required under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.) with respect to the Rails for 
        Resources project.
            (2) Environmental reviews by federal agencies.--In carrying 
        out paragraph (1), the Surface Transportation Board shall 
        incorporate in the environmental impact statement or similar 
        analysis required under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) the environmental review of 
        each Federal agency that is considering an aspect of the 
        construction and operation of the Rails for Resources project 
        that is covered by the environmental impact statement or 
        similar analysis for that project.
            (3) Cooperation with the surface transportation board.--The 
        head of each Federal agency referred to in paragraph (2) 
        shall--
                    (A) cooperate with the Surface Transportation 
                Board; and
                    (B) comply with any deadline established by the 
                Surface Transportation Board in the preparation of the 
                environmental impact statement or similar analysis 
                required under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
            (4) Satisfaction of nepa requirements.--The head of each 
        Federal agency referred to in paragraph (2) shall adopt the 
        environmental impact statement or similar analysis required 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) prepared by the Surface Transportation Board 
        under paragraph (1) in satisfaction of the responsibilities of 
        the Federal agency under section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with 
        respect to the Rails for Resources project covered by the 
        environmental impact statement or similar analysis.
            (5) Expedited process.--The Surface Transportation Board 
        shall--
                    (A) not later than 1 year after the date on which 
                the Surface Transportation Board determines that the 
                application for a certificate of public convenience and 
                necessity submitted under section 4 is complete, issue 
                a draft environmental impact statement or similar 
                analysis required under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
                    (B) not later than 180 days after the date on which 
                the Surface Transportation Board issues the draft 
                environmental impact statement or similar analysis 
                referred to in subparagraph (A), issue a final 
                environmental impact statement or similar analysis, 
                unless the Surface Transportation Board, for good 
                cause, determines that the Surface Transportation Board 
                requires additional time.

SEC. 6. OFFICE OF THE FEDERAL COORDINATOR.

    (a) Establishment.--There is established in the executive branch an 
independent office to be known as the ``Office of the Federal 
Coordinator''.
    (b) Federal Coordinator.--
            (1) Appointment.--The Office of the Federal Coordinator 
        shall be headed by a Federal Coordinator, who shall be 
        appointed by the President by and with the advice and consent 
        of the Senate.
            (2) Period of appointment.--The Federal Coordinator shall 
        be appointed for the period that ends on the date that is 1 
        year following the date on which the Rails for Resources 
        project is completed.
            (3) Compensation.--The Federal Coordinator shall be 
        compensated at the rate provided for level III of the Executive 
        Schedule under section 5314 of title 5, United States Code.
    (c) Duties.--
            (1) In general.--The Federal Coordinator shall be 
        responsible for--
                    (A) coordinating the expeditious discharge of all 
                activities by Federal agencies with respect to the 
                Rails for Resources project; and
                    (B) ensuring the compliance of Federal agencies 
                with this Act.
            (2) Limitation.--The Federal Coordinator may not--
                    (A) override--
                            (i) the implementation or enforcement of 
                        regulations issued by the Surface 
                        Transportation Board under section 4; or
                            (ii) an order by the Surface Transportation 
                        Board to expand the project under that section; 
                        or
                    (B) impose any term, condition, or requirement in 
                addition to those terms, conditions, or requirements 
                imposed by the Surface Transportation Board or any 
                agency with respect to the construction, operation, or 
                expansion of the Rails for Resources project.
    (d) Temporary Authorities.--The authorities and duties of the 
Federal Coordinator under this section shall be vested in the Secretary 
until the later of the date--
            (1) on which the Federal Coordinator is appointed under 
        subsection (b)(1); or
            (2) that is 18 months after the date of enactment of this 
        Act.
    (e) Administration.--
            (1) Personnel appointments.--
                    (A) In general.--The Federal Coordinator may 
                appoint and terminate such personnel as the Federal 
                Coordinator determines to be appropriate.
                    (B) Authority of federal coordinator.--Personnel 
                appointed by the Federal Coordinator under subparagraph 
                (A) shall be appointed without regard to the provisions 
                of title 5, United States Code, governing appointments 
                in the competitive service.
            (2) Compensation.--
                    (A) In general.--Subject to subparagraph (B), 
                personnel appointed by the Federal Coordinator under 
                paragraph (1)(A) shall be paid without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code (relating to 
                classification and General Schedule pay rates).
                    (B) Maximum level of compensation.--The rate of pay 
                for personnel appointed by the Federal Coordinator 
                under paragraph (1)(A) shall not exceed the rate of 
                basic pay payable for level III of the Executive 
                Schedule under section 5314 of title 5, United States 
                Code.
                    (C) Allowances.--Section 5941 of title 5, United 
                States Code, shall apply to personnel appointed by the 
                Federal Coordinator under paragraph (1)(A).
            (3) Temporary services.--
                    (A) In general.--The Federal Coordinator may 
                procure temporary and intermittent services in 
                accordance with section 3109(b) of title 5, United 
                States Code.
                    (B) Maximum level of compensation.--The rate of pay 
                for an individual employed on a temporary or 
                intermittent basis under subparagraph (A) shall not 
                exceed the daily equivalent of the annual rate of basic 
                pay payable for level III of the Executive Schedule 
                under section 5314 of title 5, United States Code.
    (f) Reviews and Actions of Other Federal Agencies.--
            (1) Expedited reviews and actions.--To the maximum extent 
        practicable, each applicable Federal agency shall expedite all 
        reviews conducted and actions taken by the Federal agency with 
        respect to the Rails for Resources project.
            (2) Prohibition of certain terms and conditions.--
        Notwithstanding any other provision of law, a Federal agency 
        may not include in any certificate, right-of-way, permit, 
        lease, or other authorization issued with respect to the Rails 
        for Resources project any term or condition that the Federal 
        Coordinator determines would prevent or impair in any 
        significant respect the expeditious construction, operation, or 
        expansion of the Rails for Resources project.
            (3) Prohibition of certain actions.--Except as required by 
        Federal law, a Federal agency shall not add to, amend, or 
        abrogate any certificate, right-of-way, permit, lease, or other 
        authorization issued with respect to the Rails for Resources 
        project if the Federal Coordinator determines that the action 
        would prevent or impair in any significant respect the 
        expeditious construction, operation, or expansion of the Rails 
        for Resources project.
    (g) State Coordination.--
            (1) In general.--The Federal Coordinator shall offer to 
        enter into a joint surveillance and monitoring agreement with 
        the Governor of the State similar to the agreement in effect 
        during construction of the trans-Alaska oil pipeline, to be 
        approved by the President, for the purpose of monitoring the 
        construction of the Rails for Resources project.
            (2) Primary responsibility.--The agreement entered into 
        under paragraph (1) shall provide that--
                    (A) the Federal Government shall have primary 
                surveillance and monitoring responsibility in areas in 
                which the Rails for Resources project crosses Federal 
                land or private land; and
                    (B) the State government shall have primary 
                surveillance and monitoring responsibility in areas in 
                which the Rails for Resources project crosses State 
                land.
    (h) Fees, Charges, and Commissions.--
            (1) In general.--The Federal Coordinator may establish, 
        change, and abolish reasonable filing, license, and service 
        fees, charges, and commissions, require deposits of payments, 
        and provide refunds in accordance with section 304 of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1734), except that the authority provided to the Secretary 
        under that section shall be considered to be authority provided 
        to Federal Coordinator for purposes of this section.
            (2) Authority of secretary.--Nothing in subparagraph (A) 
        affects the authority of the Secretary under section 304 of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1734).
            (3) Use of funds.--The Federal Coordinator may use, without 
        further appropriation, the amounts collected under paragraph 
        (1) to carry out this section.

SEC. 7. JUDICIAL REVIEW.

    (a) Exclusive Jurisdiction.--Except for review by the Supreme Court 
on writ of certiorari, the United States Court of Appeals for the 
District of Columbia Circuit shall have original and exclusive 
jurisdiction to determine--
            (1) the validity of any final order or action (including a 
        failure to act) of any Federal agency or officer under this 
        Act;
            (2) the constitutionality of--
                    (A) any provision of this Act or
                    (B) any decision made or action taken under this 
                Act; or
            (3) the adequacy of any environmental impact statement 
        prepared under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.) with respect to any action under this 
        Act.
    (b) Deadline for Filing Claim.--A claim arising under this Act 
shall be brought not later than 60 days after the date of the decision 
or action giving rise to the claim.
    (c) Expedited Consideration.--The United States Court of Appeals 
for the District of Columbia Circuit shall set any action brought under 
subsection (a) for expedited consideration, taking into account the 
national interest of enhancing national energy security by providing 
access to the significant oil and mineral reserves to be brought to 
market by the Rails for Resources project.

SEC. 8. SENSE OF THE SENATE.

    It is the sense of the Senate that the President shall appoint 
members for the United States membership for the United States-Canada 
Bilateral Commission established under the Rails to Resources Act of 
2000 (49 U.S.C. note prec. 28101; Public Law 106-570) to study the 
feasibility and advisability of linking the rail system in the State 
with the North American continental rail system.
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