II

106TH CONGRESS

2D SESSION S. 2253

To authorize the establishment of a joint United States-Canada commission

to study the feasibility of connecting the rail system in Alaska to the

North American continental rail system; and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 20, 2000

Mr. MURKOWSKI introduced the following bill; which was read twice and

referred to the Committee on Foreign Relations

A BILL

To authorize the establishment of a joint United StatesCanada commission to study the feasibility of connecting

the rail system in Alaska to the North American continental rail system; and for other purposes.

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 ‘‘Rails to Resources Act

5 of 2000’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) rail transportation is an essential compo2 nent of the North American intermodal transpor3 tation system;

4 (2) the development of economically strong and

5 socially stable communities in the western United

6 States and Canada was encouraged significantly by

7 government policies promoting the development of

8 integrated transcontinental, interstate and inter9 provincial rail systems in the states, territories and

10 provinces of the two countries;

11 (3) United States and Canadian federal support

12 for the completion of new elements of the trans13 continental, interstate and interprovincial rail sys14 tems was halted before rail connections were estab15 lished to the state of Alaska and the Yukon Terri16 tory;

17 (4) both public and private lands in Alaska, the

18 Yukon Territory and northern British Columbia, in19 cluding lands held by aboriginal peoples, contain ex20 tensive deposits of oil, gas, coal and other minerals

21 as well as valuable forest products which presently

22 are inaccessible, but which could provide significant

23 economic benefit to local communities and to both

24 nations if an economically efficient transportation

25 system was available;
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1 (5) per ton of freight moved, rail transportation

2 systems emit lower levels of carbon monoxide, nitro3 gen oxides and volatile organic compounds than

4 other modes of freight transportation;

5 (6) rail transportation systems are capable of

6 moving cargo with up to nine times the energy effi7 ciency of highway transportation;

8 (7) rail transportation in otherwise isolated

9 areas facilitates controlled access and reduced over10 all impact to environmentally sensitive areas;

11 (8) the extension of the continental rail system

12 through northern British Columbia and the Yukon

13 Territory to the current terminus of the Alaska Rail14 road would significantly benefit the U.S. and Cana15 dian visitor industries by facilitating the comfortable

16 movement of passengers over long distances while

17 minimizing effects on the surrounding areas;

18 (9) extension of the Alaska Railroad system to

19 the Canadian border is consistent with the intent of

20 Congress as expressed in the Alaska Railroad Or21 ganic Act of 1914, which called for a system of up

22 to 1,000 miles in length; and

23 (10) ongoing research and development efforts

24 in the rail industry continue to increase the effi-
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1 ciency of rail transportation, ensure safety, and de2 crease the impact of rail service on the environment.

3 SEC. 3. AGREEMENT FOR A UNITED STATES-CANADA BILAT4 ERAL COMMISSION.

5 The President is authorized and urged to enter into

6 an agreement with the government of Canada to establish

7 a joint commission to study the technological and eco8 nomic feasibility of linking the rail system in Alaska to

9 the nearest appropriate point on the North American con10 tinental rail system.

11 SEC. 4. COMPOSITION OF COMMISSION.

12 (a) MEMBERSHIP.—

13 (1) TOTAL MEMBERSHIP.—The Agreement

14 should provide for the Commission to be composed

15 of 18 members, of which 9 members are appointed

16 by the President and 9 members are appointed by

17 the government of Canada.

18 (2) GENERAL QUALIFICATIONS.—The Agree19 ment should provide for the membership of the Com20 mission, to the maximum extent practicable, to be

21 representative of—

22 (A) the interests of the local communities

23 (including the governments of the commu24 nities), aboriginal peoples, and businesses that

25 would be affected by the connection of the rail
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1 system in Alaska to the North American conti2 nental rail system; and

3 (B) a broad range of expertise in areas of

4 knowledge that are relevant to the significant

5 issues to be considered by the Commission, in6 cluding economics, engineering, management of

7 resources (such as minerals and timber), social

8 sciences, fish and game management, environ9 mental sciences, and transportation.

10 (b) UNITED STATES MEMBERSHIP.—Under the

11 Agreement, the President shall appoint the United States

12 members of the Commission as follows:

13 (1) Two members from among persons who are

14 qualified to represent the interests of communities

15 and local governments of Alaska.

16 (2) One member representing the State of Alas17 ka, to be nominated by the Governor of Alaska.

18 (3) One member from among persons who are

19 qualified to represent the interests of Native Alas20 kans residing in the area of Alaska that would be af21 fected by the extension of rail service.

22 (4) Four members from among persons involved

23 in commercial activities in Alaska who are qualified

24 to represent commercial interests in Alaska, of which
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1 one shall be a representative of the Alaska Railroad

2 Corporation.

3 (5) Two members from among scholars em4 ployed in institutions of higher education in Alaska,

5 at least one of whom must be an engineer with ex6 pertise in subarctic transportation.

7 (c) CANADIAN MEMBERSHIP.—The Agreement

8 should provide for the Canadian membership of the Com9 mission to be representative of broad categories of inter10 ests of Canada as the government of Canada determines

11 appropriate, consistent with subsection (a)(2).

12 SEC. 5. GOVERNANCE AND STAFFING OF COMMISSION

13 (a) CHAIRMAN.—The Agreement should provide for

14 the Chairman of the Commission to be elected from among

15 the members of the Commission by a majority vote of the

16 members.

17 (b) COMPENSATION AND EXPENSES OF UNITED

18 STATES MEMBERS.—

19 (1) COMPENSATION.—Each member of the

20 Commission appointed by the President who is not

21 an officer or employee of the Federal Government

22 shall be compensated at a rate equal to the daily

23 equivalent of the annual rate of basic pay prescribed

24 for level IV of the Executive Schedule under section

25 5315 of title 5, United States Code, for each day
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1 (including travel time) during which such member is

2 engaged in the performance of the duties of the

3 Commission. Each such member who is an officer or

4 employee of the United States shall serve without

5 compensation in addition to that received for serv6 ices as an officer or employee of the United States.

7 (2) TRAVEL EXPENSES.—The members of the

8 Commission appointed by the President shall be al9 lowed travel expenses, including per diem in lieu of

10 subsistence, at rates authorized for employees of

11 agencies under subchapter I of chapter 57 of title 5,

12 United States Code, while away from their homes or

13 regular places of business in the performance of

14 services for the Commission.

15 (c) STAFF.—

16 (1) IN GENERAL.—The Agreement should pro17 vide for the appointment of a staff and an executive

18 director to be the head of the staff.

19 (2) COMPENSATION.—Funds made available for

20 the Commission by the United States may be used

21 to pay the compensation of the executive director

22 and other personnel at rates fixed by the Commis23 sion that are not in excess of the rate payable for

24 level V of the Executive Schedule under section 5316

25 of title 5, United States Code.
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1 (d) OFFICE.—The Agreement should provide for the

2 office of the Commission to be located in a mutually

3 agreed location within the impacted areas of Alaska, the

4 Yukon Territory, and northern British Columbia.

5 (e) MEETINGS.—The Agreement should provide for

6 the Commission to meet at least biannually to review

7 progress and to provide guidance to staff and others, and

8 to hold, in locations within the affected areas of Alaska,

9 the Yukon Territory and northern British Columbia, such

10 additional informational or public meetings as the Com11 mission deems necessary to the conduct of its business.

12 (f) PROCUREMENT OF SERVICES.—The Agreement

13 should authorize and encourage the Commission to pro14 cure by contract, to the maximum extent practicable, the

15 services (including any temporary and intermittent serv16 ices) that the Commission determines necessary for car17 rying out the duties of the Commission. In the case of

18 any contract for the services of an individual, funds made

19 available for the Commission by the United States may

20 not be used to pay for the services of the individual at

21 a rate that exceeds the daily equivalent of the annual rate

22 of basic pay prescribed for level V of the Executive Sched23 ule under section 5316 of title 5, United States Code.

24 SEC. 6. DUTIES.

25 (a) STUDY.—
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1 (1) IN GENERAL.—The Agreement should pro2 vide for the Commission to study and assess, on the

3 basis of all available relevant information, the tech4 nological and economic feasibility of linking the rail

5 system in Alaska to the North American continental

6 rail system through the continuation of the rail sys7 tem in Alaska from its northeastern terminus to a

8 connection with the continental rail system in Can9 ada.

10 (2) SPECIFIC ISSUES.—The Agreement should

11 provide for the study and assessment to include the

12 consideration of the following issues:

13 (A) Railroad engineering.

14 (B) Land ownership.

15 (C) Geology.

16 (D) Proximity to mineral, timber and other

17 resources.

18 (E) Market outlook.

19 (F) Environmental considerations.

20 (G) Social effects, including changes in the

21 use or availability of natural resources.

22 (H) Potential financing mechanisms.

23 (3) ROUTE.—The Agreement should provide for

24 the Commission, upon finding that it is techno25 logically and economically feasible to link the rail
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1 system in Alaska as described in paragraph (1), to

2 determine one or more recommended routes for the

3 rail segment that establishes the linkage, taking into

4 consideration cost, distance, access to potential

5 freight markets, environmental matters, and such

6 other factors as the Commission determines relevant.

7 (4) COMBINED CORRIDOR EVALUATION.—The

8 Agreement should also provide for the Commission

9 to consider whether it would be useful and techno10 logically and economically feasible to combine the

11 power transmission infrastructure and petroleum

12 product pipelines of other utilities into one corridor

13 with a rail extension of the rail system of Alaska.

14 (b) REPORT.—The Agreement should require the

15 Commission to submit to Congress and the Secretary of

16 Transportation and to the Minister of Transport of the

17 government of Canada, not later than 5 years after the

18 Commission commencement date, a report on the results

19 of the study, including the following:

20 (1) FEASIBILITY.—The Commission’s findings

21 regarding the technological and economical feasi22 bility of linking the rail system in Alaska as de23 scribed in subsection (a)(1).

24 (2) ROUTE.—If such an action is determined

25 technologically and economically feasible, the Com-
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1 mission’s recommendations regarding the preferred

2 route and any alternative routes for the rail segment

3 establishing the linkage.

4 SEC. 7. COMMENCEMENT AND TERMINATION OF COMMIS5 SION.

6 (a) COMMENCEMENT.—The Agreement should pro7 vide for the Commission to begin to function on the date

8 on which all members are appointed to the Commission

9 as provided for in the Agreement.

10 (b) TERMINATION.—The Commission shall terminate

11 90 days after the date on which the Commission submits

12 its report under section 6.

13 SEC. 8. FUNDING.

14 (a) RAILS TO RESOURCES FUND.—The Agreement

15 should provide for the following:

16 (1) ESTABLISHMENT.—The establishment of an

17 interest-bearing account to be known as the ‘‘Rails

18 to Resources Fund’’.

19 (2) CONTRIBUTIONS.—The contribution by the

20 United States and the government of Canada to the

21 Fund of amounts that are sufficient for the Commis22 sion to carry out its duties.

23 (3) AVAILABILITY.—The availability of amounts

24 in the Fund to pay the costs of Commission activi25 ties.
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1 (4) DISSOLUTION.—Dissolution of the Fund

2 upon the termination of the Commission and dis3 tribution of the amounts in the Fund between the

4 United States and the government of Canada.

5 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds

6 are hereby authorized to be appropriated to any Fund es7 tablished as described in subsection (a)(1) in the total

8 amount of $6,000,000, to remain available until expended.

9 SEC. 9. DEFINITIONS.

10 In this section:

11 (1) AGREEMENT.—The term ‘‘Agreement’’

12 means an agreement described in section 2.

13 (2) COMMISSION.—The term ‘‘Commission’’

14 means a commission established pursuant to any

15 Agreement.

16 (3) COMMISSION COMMENCEMENT DATE.—The

17 date determined under section 6(a).

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