I 

108TH CONGRESS 

1ST SESSION H. R. 2165

To prohibit the use of Federal funds for double tracking of the Pacific 

Surfliner corridor through the Historic Mission District and downtown 

area of San Juan Capistrano and along the coastal beaches of Dana 

Point and San Clemente. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2003

Mr. COX (for himself and Mr. CALVERT) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure 

A BILL

To prohibit the use of Federal funds for double tracking 

of the Pacific Surfliner corridor through the Historic 

Mission District and downtown area of San Juan 

Capistrano and along the coastal beaches of Dana Point 

and San Clemente.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coastal and Historic 

5 Communities Protection Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 
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1 (1) Since 1888, Southern Californians have 

2 been served by a railroad line that traverses scenic 

3 beaches and historic resources in south Orange 

4 County, California. Officials of the California High 

5 Speed Rail Authority and the California Department 

6 of Transportation have proposed plans that could fa7 cilitate construction of an additional set of tracks on 

8 the coastal Pacific Surfliner corridor accommodating 

9 future high-speed rail cars. With 1,700,000 rail pas10 sengers traveling in the corridor in 2002, double 

11 tracking the line would increase train traffic to an 

12 unacceptable level. It can threaten the environmental 

13 and economic stability of the local communities, and 

14 jeopardize the region’s coastal and historic re15 sources. 

16 (2) The proposed double tracking plans of the 

17 California High Speed Rail Authority and the Cali18 fornia Department of Transportation are incon19 sistent with the spirit and intent of the National 

20 Costal Zone Management Act of 1972 as amended 

21 by The Coastal Zone Protection Act of 1996 (16 

22 U.S.C. 1451 note). 

23 (3) The cities of Dana Point, San Juan 

24 Capistrano, and San Clemente, and the Orange 

25 County Transportation Authority overwhelmingly op-
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1 pose double tracking of the existing Pacific Surfliner 

2 Corridor through the Historic Mission District and 

3 downtown area of San Juan Capistrano and along 

4 the coastal beaches of Dana Point and San 

5 Clemente. 

6 (4) Because our Nation’s transportation prior7 ities should correspond to the wishes of the tax8 payers who fund these projects, the active participa9 tion of these cities in the decision making process is 

10 imperative to strengthen the local, State, and Fed11 eral partnership that administers the route that is 

12 eventually chosen. 

13 SEC. 3. PROHIBITION ON USE OF FEDERAL FUNDS FOR 

14 DOUBLE TRACKING OF THE PACIFIC 

15 SURFLINER CORRIDOR THROUGH THE HIS16 TORIC MISSION DISTRICT AND DOWNTOWN 

17 AREA OF SAN JUAN CAPISTRANO AND ALONG 

18 THE COASTAL BEACHES OF DANA POINT AND 

19 SAN CLEMENTE. 

20 (a) IN GENERAL.—After the date of enactment of 

21 this Act, the Secretary of Transportation may not provide 

22 funds to study, design, engineer, or construct double 

23 tracking of the Pacific Surfliner corridor through the Or24 ange County, California coastal and historic cities of Dana 

25 Point, San Juan Capistrano, and San Clemente. 
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1 (b) FUNDS FOR PACIFIC SURFLINER.— No provision 

2 contained herein shall prohibit the Secretary of Transpor3 tation from authorizing the expenditures of funds to sup4 port Pacific Surfliner service in the corridor consistent 

5 with the provisions of the Rail Passenger Service Act of 

6 1970. 

7 SEC. 4. DEFINITION. 

8 For purposes of this Act, the term ‘‘double tracking’’ 

9 means the establishment of a second set of rail tracks on, 

10 under, or above an existing right-of-way, wherever coastal 

11 or historic resources, in the cities of San Clemente, San 

12 Juan Capistrano, or Dana Point, may be affected.

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