49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–610 

LOS ANGELES TO SAN FERNANDO VALLEY METRO RAIL 

PROJECT 

JULY 28, 2006.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. YOUNG of Alaska, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 4653] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 4653) to repeal a prohibition on the use 

of certain funds for tunneling in certain areas with respect to the 

Los Angeles to San Fernando Valley Metro Rail project, California, 

having considered the same, report favorably thereon without 

amendment and recommend that the bill do pass. 

PURPOSE OF THE LEGISLATION

H.R. 4653 repeals a provision in section 321 of the Department 

of Transportation and Related Agencies Appropriations Act, 1986, 

that prohibits Federal transit funds from being used for certain 

subway extension projects in the greater Los Angeles area. 

BACKGROUND AND NEED FOR THE LEGISLATION

On March 24, 1985, an explosion was caused by the ignition of 

methane gas that had been accumulating in an auxiliary room of 

a local department store located on Third Street, in the WilshireFairfax District of Los Angeles. The resulting explosion blew out 

the windows and partially collapsed the roof of the structure, injuring 22 people. Police closed off four blocks around the explosion 

scene, where spouting gas flames burned through the night. In the 

following days, a drill rig brought to the site was used to test for 

possible gas accumulations in the alluvial soil beneath the store. A 

pocket of pressurized gas was encountered at a depth of 42 feet beneath the store building. Gas was also encountered in several other 

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borings at the site in smaller quantities and at lower pressures. 

Pressure gauges and control valves were installed, and a valved 

flare pipe was used to bleed off the gas into the air, where it dispersed. Over a few days, the Ross Store site gradually returned to 

the normal gas concentrations characteristic of the local area. 

The incident raised safety concerns about tunneling in this area 

of Los Angeles in order to build the planned Metro Rail subway 

system. On March 27, 1985, the Los Angeles City Council created 

a Task Force to investigate the explosion and fire, determine the 

cause of the accident, and recommend measures that could be 

adopted to avoid future incidents. The Task Force did not assess 

the safety of the Metro Rail system. It did, however, identify two 

methane risk zones: a high potential risk zone and a potential risk 

zone. 

When the fiscal year 1986 Transportation and Related Agencies 

Appropriations Act was considered on the House floor, two provisions were added to the bill that: 

(1) Directed the Secretary of Transportation to enter into negotiations for a full funding grant agreement to construct a 

minimum operable segment of the downtown Los Angeles to 

San Fernando Valley Metro Rail project (Public Law 99–190, 

section 320); 

(2) Required the Federal Transit Administration to contract 

with the local transit authority to conduct a study of potential 

methane gas risks related to the proposed alignment of the 

Metro Rail project beyond the first minimum operable segment 

(Public Law 99–190, section 321); 

(3) Prohibited any of the funds made available for the first 

minimum operable segment of the San Fernando Valley Metro 

to be made available for any segment of the Metro Rail project 

unless and until a formal commitment is made to the Federal 

government by the local transit authority that no part of the 

Metro Rail project will tunnel into or through any potential 

risk zone or high potential risk zone for methane gas (Public 

Law 99–190, section 321). 

The effect of the funding prohibition in section 321 of the Transportation and Related Agencies Appropriations Act for fiscal year 

1986 has been to prevent the consideration of any underground 

transit options in the areas along the Wilshire Boulevard corridor 

west from downtown Los Angeles toward Santa Monica. Although 

the prohibition in section 321 was included in appropriations legislation, which normally would limit the provision’s applicability to 

the fiscal year in which funds are appropriated, the Federal Transit Administration has determined that this language was drafted 

in such a way to prevent tunneling on any segment of the Los Angeles to San Fernando Valley Metro Rail project in areas that were 

characterized as methane risk zones. 

In October 2005, a peer review panel of engineering experts was 

convened at the request of the Los Angeles County Metropolitan 

Transportation Authority Board to conduct an independent evaluation of gas related safety issues associated with the proposed tunneling of the extension of the Metro Red Line subway along 

Wilshire Boulevard. Since 1985, tunneling technology and gas 

measurement instrumentation have improved, transit construction 

projects receive more robust oversight, and construction and operVerDate Aug 31 2005 23:48 Jul 31, 2006 Jkt 049006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR610.XXX HR610
3 

ational experience in tunneling has increased, along with knowledge about geology and methods to mitigate safety concerns. Based 

on these findings, the peer review panel reported that tunneling 

along the Wilshire Boulevard corridor can be done safely if proper 

procedures and appropriate techniques are used. 

SUMMARY OF THE LEGISLATION

Section 1. Repeal of prohibition 

This section repeals a prohibition that was included in the fiscal 

year 1986 Department of Transportation and Related Agencies Act, 

1986, on the use of certain funds for tunneling in certain areas 

with respect to the Los Angeles to San Fernando Valley Metro Rail 

project, California. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

H.R. 4653 was introduced on December 22, 2005 by Rep. Waxman and was referred to the Committee on Transportation and Infrastructure. The Committee on Transportation and Infrastructure 

met in open markup session on July 19, 2006, and discharged the 

Subcommittee on Highways, Transit and Pipelines from consideration of the bill by unanimous consent. H.R. 4653 was approved by 

voice vote without amendment. 

ROLLCALL VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each rollcall vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no rollcall votes 

in full committee consideration of H.R. 4653. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison 

prepared by the Director of the Congressional Budget Office under 

section 402 of the Congressional Budget Act of 1974 has been timely submitted prior to the filing of the report and is included in the 

report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and 308(a) of the 

Congressional Budget Act of 1974, the Committee references the 

report of the Congressional Budget Office included below. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, no funds are authorized. The legislation will provide the Los Angeles County MetroVerDate Aug 31 2005 23:48 Jul 31, 2006 Jkt 049006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR610.XXX HR610
4 

politan Transportation Authority with additional flexibility in how 

it uses certain federal funds. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

following cost estimate for H.R. 4653 from the Director of the Congressional Budget Office. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 26, 2006. 

Hon. DON YOUNG, Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4653, a bill to repeal a 

prohibition on the use of certain funds for tunneling in certain 

areas with respect to the Los Angeles to San Fernando Valley 

Metro Rail project, California. 

If you wish further details on these estimates, we will be pleased 

to provide them. The CBO staff contact is Gregory Waring. 

Sincerely, 

DONALD B. MARRON, Acting Director. 

Enclosure. 

H.R. 4653—A bill to repeal a prohibition on the use of certain funds 

for tunneling in certain areas with respect to the Los Angeles 

to San Fernando Valley Metro Rail Project, California 

In 1986, the Congress prohibited the use of federal funds for construction of any segment of the Los Angeles to San Fernando Valley Metro Rail project that would require tunneling through a certain region. The prohibition was in response to a fire, caused by 

naturally occurring methane gas that was located along a proposed 

expansion of the rail project. As a result of the prohibition, the 

local transit agency constructed an alternate expansion. Enacting 

H.R. 4653 would lift the prohibition, making future proposals involving tunneling in the region eligible for federal funding. Any 

such funding would be dependent on future Congressional actions. 

CBO estimates that enacting H.R. 4653 by itself would have no 

cost to the federal government. 

H.R. 4653 contains no intergovernmental or private-sector mandate as defined in the Unfunded Mandates Reform Act. The bill 

would provide the Los Angeles County Metropolitan Transportation 

Authority with flexibility in how it uses certain federal funds. 

The CBO staff contact for this estimate is Gregory Waring. The 

estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause (3)(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

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measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 4653 does not preempt any state, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. (Public Law 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets and existing law in which no 

change is proposed is shown in roman): 

SECTION 321 OF THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS 

ACT, 1986 

* * * * * * * 

SEC. 321. The Urban Mass Transportation Administration shall 

enter into a contract with the Southern California Rapid Transit 

District to conduct a study of the potential methane gas risks relating to the proposed alignment of the Metro Rail project beyond the 

Minimum Operable Segment, MOS–1. øNone of the funds described 

in section 320 may be made available for any segment of the downtown Los Angeles to San Fernando Valley Metro Rail project unless 

and until the Southern California Rapid Transit District officially 

notifies and commits to the Urban Mass Transportation Administration that no part of the Metro Rail project will tunnel into or 

potential risk zone or high potential risk zone in the report of the 

City of Los Angeles dated June 10, 1985, entitled ‘‘Task Force Report on the March 24, 1985 Methane Gas Explosion and Fire in the 

Fairfax Area’’.¿ Funds for this study, in an amount not to exceed 

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$1,000,000, shall be made available from funds previously allocated 

for the MOS–1 project, commencing within 30 days of enactment. 

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