[Congressional Record Volume 144, Number 150 (Tuesday, October 20, 1998)]
[Senate]
[Page S12738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          REAUTHORIZATION OF THE SURFACE TRANSPORTATION BOARD

 Mr. JOHNSON. Mr. President, the Surface Transportation Board 
(STB) was established in 1996 by act of Congress as a quasi-independent 
body within the Department of Transportation. The STB adjudicates 
disputes and regulates interstate surface transportation including the 
restructuring of railroad lines.
  Although the authorization of the STB expired this year, a 
reauthorization bill has not been scheduled. It was my intention to 
offer an amendment to the reauthorization relating to railroad lines, 
or at least engage in a colloquy with the manager of the bill. However, 
because no amendments, or even colloquies, will be agreed to by the 
managers of the reauthorization of the STB, I offer these comments for 
the record.
  It is my understanding that under section 10901 of title 49 of the 
U.S. Code, relating to the construction and operation of railroad 
lines, the STB is required to issue a certificate authorizing the 
construction or extension of a railroad line, unless it finds that such 
activity is ``inconsistent with the public convenience and necessity.''
  Because the construction of railroad lines can cause significant 
adverse environmental impacts such as noise, safety and quality of life 
on local communities, my amendment would have sought to direct the STB 
to require applicants for the construction or extension of railroad 
lines to use all reasonable means to route them away from population 
centers in compliance with the above provision.
  Although I am disappointed that I will not be able to offer my 
amendment, I have been assured by the Chairman of the Surface 
Transportation Board that ``regardless of whether or not language is 
inserted into our reauthorization bill, the Board must, and will, 
consider local interests in assessing the DM&E construction case.''
  Mr. President, I appreciate Chairman Morgan's assurances, and I look 
forward to working with the STB on this and other issues in the next 
Congress.

                          ____________________