[Congressional Record Volume 146, Number 128 (Friday, October 13, 2000)]
[Senate]
[Pages S10543-S10544]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     RAILS TO RESOURCES ACT OF 2000

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 718, S. 2253.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2253) to authorize the establishment of a joint 
     United States-Canada commission to study the feasibility of 
     connecting the rail system to Alaska to the North American 
     continental rail system, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Foreign Relations with an 
amendment, as follows:
  (Strike out all after the enacting clause and insert the part printed 
in italic.)

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rails to Resources Act of 
     2000''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) rail transportation is an essential component of the 
     North American intermodal transportation system;
       (2) the development of economically strong and socially 
     stable communities in the western United States and Canada 
     was encouraged significantly by government policies promoting 
     the development of integrated transcontinental, interstate 
     and interprovincial rail systems in the states, territories 
     and provinces of the two countries;
       (3) United States and Canadian federal support for the 
     completion of new elements of the transcontinental, 
     interstate and interprovincial rail systems was halted before 
     rail connections were established to the state of Alaska and 
     the Yukon Territory;
       (4) both public and private lands in Alaska, the Yukon 
     Territory and northern British Columbia, including lands held 
     by aboriginal peoples, contain extensive deposits of oil, 
     gas, coal and other minerals as well as valuable forest 
     products which presently are inaccessible, but which could 
     provide significant economic benefit to local communities and 
     to both nations if an economically efficient transportation 
     system was available;
       (5) rail transportation in otherwise isolated areas 
     facilitates controlled access and reduced overall impact to 
     environmentally sensitive areas;
       (6) the extension of the continental rail system through 
     northern British Columbia and the Yukon Territory to the 
     current terminus of the Alaska Railroad would significantly 
     benefit the U.S. and Canadian visitor industries by 
     facilitating the comfortable movement of passengers over long 
     distances while minimizing effects on the surrounding areas; 
     and
       (7) ongoing research and development efforts in the rail 
     industry continue to increase the efficiency of rail 
     transportation, ensure safety, and decrease the impact of 
     rail service on the environment.

     SEC. 3. AGREEMENT FOR A UNITED STATES-CANADA BILATERAL 
                   COMMISSION.

       The President is authorized and urged to enter into an 
     agreement with the Government of Canada to establish a joint 
     commission to study the feasibility and advisability of 
     linking the rail system in Alaska to the nearest appropriate 
     point on the North American continental rail system.

     SEC. 4. COMPOSITION OF COMMISSION.

       (a) Membership.--
       (1) Total membership.--The Agreement should provide for the 
     Commission to be composed of 20 members, of which 10 members 
     are appointed by the President and 10 members are appointed 
     by the Government of Canada.
       (2) General qualifications.--The Agreement should provide 
     for the membership of the Commission, to the maximum extent 
     practicable, to be representative of--
       (A) the interests of the local communities (including the 
     governments of the communities), aboriginal peoples, and 
     businesses that would be affected by the connection of the 
     rail system in Alaska to the North American continental rail 
     system; and
       (B) a broad range of expertise in areas of knowledge that 
     are relevant to the significant issues to be considered by 
     the Commission, including economics, engineering, management 
     of resources (such as minerals and timber), social sciences, 
     fish and game management, environmental sciences, and 
     transportation.
       (b) United States Membership.--If the United States and 
     Canada enter into an agreement providing for the 
     establishment of the Commission, the President shall appoint 
     the United States members of the Commission as follows:
       (1) Two members from among persons who are qualified to 
     represent the interests of communities and local governments 
     of Alaska.
       (2) One member representing the State of Alaska, to be 
     nominated by the Governor of Alaska.
       (3) One member from among persons who are qualified to 
     represent the interests of Native Alaskans residing in the 
     area of Alaska that would be affected by the extension of 
     rail service.
       (4) Three members from among persons involved in commercial 
     activities in Alaska who are qualified to represent 
     commercial interests in Alaska, of which one shall be a 
     representative of the Alaska Railroad Corporation.
       (5) Three members with relevant expertise, at least one of 
     whom shall be an engineer with expertise in subarctic 
     transportation.
       (c) Canadian Membership.--The Agreement should provide for 
     the Canadian membership of the Commission to be 
     representative of broad categories of interests of Canada as 
     the Government of Canada determines appropriate, consistent 
     with subsection (a)(2).

     SEC. 5. GOVERNANCE AND STAFFING OF COMMISSION.

       (a) Chairman.--The Agreement should provide for the 
     Chairman of the Commission to be elected from among the 
     members of the Commission by a majority vote of the members.
       (b) Compensation and Expenses of United States Members.--
       (1) Compensation.--Each member of the Commission appointed 
     by the President who is not an officer or employee of the 
     Federal Government shall be compensated at a rate equal to 
     the daily equivalent of the annual rate of basic pay 
     prescribed for level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code, for each day 
     (including travel time) during which such member is engaged 
     in the performance of the duties of the Commission. Each such 
     member who is an officer or employee of the United States 
     shall serve without compensation in addition to that received 
     for services as an officer or employee of the United States.
       (2) Travel expenses.--The members of the Commission 
     appointed by the President shall be allowed travel expenses, 
     including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away

[[Page S10544]]

     from their homes or regular places of business in the 
     performance of services for the Commission.
       (c) Staff.--
       (1) In general.--The Agreement should provide for the 
     appointment of a staff and an executive director to be the 
     head of the staff.
       (2) Compensation.--Funds made available for the Commission 
     by the United States may be used to pay the compensation of 
     the executive director and other personnel at rates fixed by 
     the Commission that are not in excess of the rate payable for 
     level V of the Executive Schedule under section 5316 of title 
     5, United States Code.
       (d) Office.--The Agreement should provide for the office of 
     the Commission to be located in a mutually agreed location 
     within the impacted areas of Alaska, the Yukon Territory, and 
     northern British Columbia.
       (e) Meetings.--The Agreement should provide for the 
     Commission to meet at least biannually to review progress and 
     to provide guidance to staff and others, and to hold, in 
     locations within the affected areas of Alaska, the Yukon 
     Territory and northern British Columbia, such additional 
     informational or public meetings as the Commission deems 
     necessary to the conduct of its business.
       (f) Procurement of Services.--The Agreement should 
     authorize and encourage the Commission to procure by 
     contract, to the maximum extent practicable, the services 
     (including any temporary and intermittent services) that the 
     Commission determines necessary for carrying out the duties 
     of the Commission. In the case of any contract for the 
     services of an individual, funds made available for the 
     Commission by the United States may not be used to pay for 
     the services of the individual at a rate that exceeds the 
     daily equivalent of the annual rate of basic pay prescribed 
     for level V of the Executive Schedule under section 5316 of 
     title 5, United States Code.

     SEC. 6. DUTIES.

       (a) Study.--
       (1) In general.--The Agreement should provide for the 
     Commission to study and assess, on the basis of all available 
     relevant information, the feasibility and advisability of 
     linking the rail system in Alaska to the North American 
     continental rail system through the continuation of the rail 
     system in Alaska from its northeastern terminus to a 
     connection with the continental rail system in Canada.
       (2) Specific issues.--The Agreement should provide for the 
     study and assessment to include the consideration of the 
     following issues:
       (A) Railroad engineering.
       (B) Land ownership.
       (C) Geology.
       (D) Proximity to mineral, timber, tourist, and other 
     resources.
       (E) Market outlook.
       (F) Environmental considerations.
       (G) Social effects, including changes in the use or 
     availability of natural resources.
       (H) Potential financing mechanisms.
       (3) Route.--The Agreement should provide for the 
     Commission, upon finding that it is feasible and advisable to 
     link the rail system in Alaska as described in paragraph (1), 
     to determine one or more recommended routes for the rail 
     segment that establishes the linkage, taking into 
     consideration cost, distance, access to potential freight 
     markets, environmental matters, and such other factors as the 
     Commission determines relevant.
       (4) Combined corridor evaluation.--The Agreement should 
     also provide for the Commission to consider whether it would 
     be feasible and advisable to combine the power transmission 
     infrastructure and petroleum product pipelines of other 
     utilities into one corridor with a rail extension of the rail 
     system of Alaska.
       (b) Report.--The Agreement should require the Commission to 
     submit to Congress and the Secretary of Transportation and to 
     the Minister of Transport of the Government of Canada, not 
     later than 3 years after the Commission commencement date, a 
     report on the results of the study, including the 
     Commission's findings regarding the feasibility and 
     advisability of linking the rail system in Alaska as 
     described in subsection (a)(1) and the Commission's 
     recommendations regarding the preferred route and any 
     alternative routes for the rail segment establishing the 
     linkage.

     SEC. 7. COMMENCEMENT AND TERMINATION OF COMMISSION.

       (a) Commencement.--The Agreement should provide for the 
     Commission to begin to function on the date on which all 
     members are appointed to the Commission as provided for in 
     the Agreement.
       (b) Termination.--The Commission should be terminated 90 
     days after the date on which the Commission submits its 
     report under section 6.

     SEC. 8. FUNDING.

       (a) Rails to Resources Fund.--The Agreement should provide 
     for the following:
       (1) Establishment.--The establishment of an interest-
     bearing account to be known as the ``Rails to Resources 
     Fund''.
       (2) Contributions.--The contribution by the United States 
     and the Government of Canada to the Fund of amounts that are 
     sufficient for the Commission to carry out its duties.
       (3) Availability.--The availability of amounts in the Fund 
     to pay the costs of Commission activities.
       (4) Dissolution.--Dissolution of the Fund upon the 
     termination of the Commission and distribution of the amounts 
     remaining in the Fund between the United States and the 
     Government of Canada.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to any fund established as described in 
     subsection (a)(1) $6,000,000, to remain available until 
     expended.

     SEC. 9. DEFINITIONS.

       In this Act:
       (1) Agreement.--The term ``Agreement'' means an agreement 
     described in section 2.
       (2) Commission.--The term ``Commission'' means a commission 
     established pursuant to any Agreement.

  Mr. LOTT. Mr. President, I ask unanimous consent that the committee 
substitute be agreed to, the bill, as amended, be read the third time 
and passed, the motion to reconsider be laid upon the table, and any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2253), as amended, was read the third time and passed.

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