[Congressional Record Volume 147, Number 73 (Thursday, May 24, 2001)]
[Senate]
[Pages S5621-S5622]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LOTT (for himself and Mr. Kerry):
  S. 948. A bill to amend title 23, United States Code, to require the 
Secretary of Transportation to carry out a grant program for providing 
financial assistance for local rail line relocation projects, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. LOTT. Mr. President, the history of the geographic expansion of 
our great Nation is closely tied to the development of our network of 
railroad lines. Cities and towns sprang up and grew around the railroad 
tracks that provided transportation vital to their survival and 
economic future. While the development of modern automobiles, trucks 
and airplanes have provided alternate forms of transportation, 
railroads still fulfill important cargo and passenger transportation 
requirements across the Nation.
  However, in many cities and towns across our country, the increased 
need for motor vehicle transportation, and the road infrastructure to 
facilitate it, have led to increasing conflicts between railroads, 
motor vehicles, and people for the use of limited, and increasingly 
congested, space in downtown areas. Highway-rail grade crossings, even 
properly marked and gated

[[Page S5622]]

ones, increase the risk of fatal accidents. Many rail lines cut 
downtown areas in half while serving few, if any, rail customers in the 
downtown area. Heavy rail traffic can cut off one side of a town to 
vital emergency services, including fire, police, ambulance, and 
hospital services. Downtown rail corridors can hamper economic 
development by restricting access to bisected areas.
  This situation is not the fault of the railroads. They own and have 
invested heavily to maintain their existing rail lines. These conflicts 
are due to economic and technological changes that occur faster and 
more easily than railroads can economically adjust. In 1998, the 
Congress enacted a landmark surface transportation bill, called TEA-21. 
While TEA-21 provides some flexibility in the use of the Highway Trust 
Fund to enable States to address some of these concerns, it is 
primarily focused on solving transportation problems by building or 
modifying roads, including road overpasses and underpasses, as it 
should be. However, in many situations, this highway-rail conflict can 
not, or should not, be fixed by cutting off or modifying a roadway. The 
answer is often to relocate the rail line. I know of at least five such 
situations in my home State of Mississippi, so there must be many more 
in other States.
  To address this need, I, along with Senator Kerry, today introduce 
the Community Rail Line Relocation Assistance Act of 2001. The bill 
would authorize the Secretary of Transportation to provide grants to 
States or communities to pay for the costs of relocating a rail line 
where this solution makes the most sense. In those cases where the best 
solution is to build a railroad tunnel, underpass, or overpass, or even 
reroute the rail line around the downtown area, this bill will enable 
these cities and towns to afford to undertake such a significant 
infrastructure project.
  Our bill would authorize grants to fund rail line relocation projects 
that: (1) mitigate the adverse effects of rail traffic on safety, motor 
vehicle traffic flow, or economic development; (2) involve a lateral or 
vertical relocation of the rail line in lieu of the closing of a grade 
crossing or the relocation of a road; and (3) provide at least as much 
benefit over the economic life of the project as the cost of the 
project. The DOT would fund 90 percent of the cost of these rail line 
relocation projects out of the general fund of the Treasury. The State 
or local government would be required to pay the remaining 10 percent, 
but would be allowed to cover this cost through appropriate in-kind 
contributions or dedicated private contributions.
  In awarding these grants, the Secretary of Transportation would have 
to consider: (1) the ability of the State or community to fund the 
project without Federal assistance; (2) the equitable treatment of 
various regions of the country; (3) that at least 50 percent of the 
available funding be spent on projects costing less than $50 million; 
and (4) that not more than 25 percent of the available funding may be 
spent on any single project. The bill would authorize $250 million in 
grants during the first year, and $500 million over each of the 
following five years.
  I understand that some may ask ``why don't the railroads pay for 
these relocation costs?'' As I noted earlier, the railroad has the 
right of way and has no legal obligation to move. However, I know the 
railroads to be concerned about maintaining good relations with the 
communities they serve and pass through. They want to cooperate in 
solving this problem. That is why the Association of American Railroads 
and the Short Line and Regional Railroad Association support this bill. 
The bill is also supported by the Railway Progress Institute and the 
National Railroad Construction and Maintenance Association. This 
proposal has been enthusiastically received by several State and local 
government associations, and I hope to have their endorsements of the 
bill soon. I ask my Senate colleagues to review the needs of their own 
States and support this bill and I ask unanimous consent that the text 
of the bill be printed in the Record. 
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 948

  [Data not available at time of printing.]
                                 ______