[Congressional Record (Bound Edition), Volume 159 (2013), Part 9]
[Senate]
[Page 12945]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       HIGH SPEED RAIL PERMITTING

  Mrs. FEINSTEIN. Mr. President, Chairman Murray, and Senator Boxer, I 
rise to discuss with you the importance of funding for the Surface 
Transportation Board in this legislation, as well as the funding that 
Chairman Murray has provided to the Federal Railroad Administration to 
continue to administer its grant awards.
  As you know, opponents of California's high-speed rail project are 
attempting to use the Federal permitting process in order to prevent 
the Nation's first high-speed rail project from moving forward and 
succeeding.
  The Surface Transportation Board funding will provide the resources 
necessary to continue the Board's efforts to permit the growth of 
passenger rail projects in the United States. The funding in the bill 
for the Federal Railroad Administration will ensure that this agency is 
able to monitor and administer the grants it already awarded.
  Mrs. MURRAY. I am pleased to fund the Surface Transportation Board. I 
agree with my colleague from California that this agency needs funding 
in order to comply with its governing statute, which directs the Board 
to support the growth of rail in the United States.
  I share your concern that some opponents of a single project in 
California are trying to limit the ability of the Surface 
Transportation Board to operate under its statute. The appropriations 
bill before us provides the Surface Transportation Board with the 
resources necessary to facilitate California high-speed rail, not stand 
in its way.
  This bill in no way limits the ability of the Board to oversee 
projects under its jurisdiction and facilitate their construction.
  Ms. MIKULSKI. I agree that this bill in no way limits the ability of 
the Board to oversee projects under its jurisdiction and facilitate 
their construction.
  Mrs. BOXER. Thank you, Chairman Murray and Chairman Mikulski, for 
explaining that this legislation will allow California high-speed rail 
to move forward.
  Mrs. FEINSTEIN. I also would like to thank Chairman Murray and 
Chairman Mikulski for your explanation.
  I am deeply alarmed by attempts in the other body of Congress to 
prohibit the Department of Transportation and the Surface 
Transportation Board from completing their permitting and oversight 
responsibly.
  These attempts violate the spirit of federalism. The California high-
speed rail project was approved by California's voters on the ballot, 
the legislature has enacted enabling legislation, and the Governor 
supports it.
  While some may not like this type of transportation investment, it is 
the choice that my State has made for their future, and the Federal 
Government should respect those decisions.
  Furthermore, I strongly believe the Federal permitting process should 
not be used as a tool to obstruct and delay major infrastructure 
investments of our States.
  Permitting infrastructure in California is a notoriously thorough, 
long, and comprehensive process. In the years California has analyzed 
this one project, China has built thousands of miles of high-speed 
rail.
  But this year, in an attempt to stymie the project, opponents of 
California's plan forced the Surface Transportation Board--an agency 
dedicated to protecting fair competition in freight rail--to assert 
Federal jurisdiction over California's high-speed rail project.
  This new layer of Federal permitting is duplicative of the thorough 
5-year-long review performed by the Federal Railroad Administration. 
Nonetheless, State and Federal entities complied with this extraneous 
requirement. However, now opponents are working vigorously to stall the 
actions at the Surface Transportation Board that will allow 
construction to finally begin in earnest.
  Fortunately, the Surface Transportation Board exists to facilitate 
the growth of rail in the United States--not to impede it. As long as 
the Board acts quickly within its statutory authority, it will not 
impede California's decisions.
  Mrs. BOXER. I also share the concerns expressed by Senator Feinstein, 
and I would also like to reiterate that the people of California voted 
to fund this project. The California State Legislature voted to fund 
this project, and the Department of Transportation, after weighing a 
number of applications for high-speed rail across the Nation, decided 
to fund this project. I find it troubling that opponents have attempted 
to hinder the advancement of this project by curtailing an independent 
agency's mission and responsibilities, as well as trying to prohibit 
the transmission of appropriated funds to its rightful destination.
  I am pleased that this legislation will allow the Surface 
Transportation Board to act within its statutory authority. I also see 
that the legislation will allow the Federal Railroad Administration to 
administer its previously awarded grants to California, and I thank 
Chairman Murray for advancing this legislation.
  I would also like to note that this project is incredibly important 
to the future of California. California's 170,000 miles of roadway are 
the busiest in the Nation, with automobile congestion draining $18.7 
billion in lost time and wasted fuel from the State's economy every 
year.
  Additionally, flights between Los Angeles and the Bay area, which is 
the busiest short-haul market in the United States with 5 million 
passengers annually, are the most delayed in the country, with 
approximately one in every four flights late by an hour or more.
  California's high-speed rail system will not only increase mobility 
and save lost time and money over the coming decades, it will also 
create near-and long-term employment opportunities, enhance 
environmental and energy goals, and spur economic development.
  Mrs. MURRAY. As my colleagues know, California has a grant agreement 
with the Department of Transportation, and California has spent funds 
consistent with that agreement. I was extremely careful to draft the 
Senate bill to ensure that California will be able to be reimbursed for 
their expenses.
  Mrs. FEINSTEIN. Thank you, Chairman Murray, for ensuring that 
California will not be left holding the bag, which is not a fair way 
for the Federal Government to treat the States. Were an appropriations 
bill to prevent the Federal Government from honoring its grant 
commitments, it would set a dangerous precedent. I am concerned that it 
would undermine the competitive process.

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