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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2253 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2253

_______________________________________________________________________

                                 AN ACT

 
    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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rails to Resources Act of 2000''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) rail transportation is an essential component of the 
        North American intermodal transportation system;
            (2) the development of economically strong and socially 
        stable communities in the western United States and Canada was 
        encouraged significantly by government policies promoting the 
        development of integrated transcontinental, interstate and 
        interprovincial rail systems in the states, territories and 
        provinces of the two countries;
            (3) United States and Canadian federal support for the 
        completion of new elements of the transcontinental, interstate 
        and interprovincial rail systems was halted before rail 
        connections were established to the state of Alaska and the 
        Yukon Territory;
            (4) both public and private lands in Alaska, the Yukon 
        Territory and northern British Columbia, including lands held 
        by aboriginal peoples, contain extensive deposits of oil, gas, 
        coal and other minerals as well as valuable forest products 
        which presently are inaccessible, but which could provide 
        significant economic benefit to local communities and to both 
        nations if an economically efficient transportation system was 
        available;
            (5) rail transportation in otherwise isolated areas 
        facilitates controlled access and reduced overall impact to 
        environmentally sensitive areas;
            (6) the extension of the continental rail system through 
        northern British Columbia and the Yukon Territory to the 
        current terminus of the Alaska Railroad would significantly 
        benefit the U.S. and Canadian visitor industries by 
        facilitating the comfortable movement of passengers over long 
        distances while minimizing effects on the surrounding areas; 
        and
            (7) ongoing research and development efforts in the rail 
        industry continue to increase the efficiency of rail 
        transportation, ensure safety, and decrease the impact of rail 
        service on the environment.

SEC. 3. AGREEMENT FOR A UNITED STATES-CANADA BILATERAL COMMISSION.

    The President is authorized and urged to enter into an agreement 
with the Government of Canada to establish a joint commission to study 
the feasibility and advisability of linking the rail system in Alaska 
to the nearest appropriate point on the North American continental rail 
system.

SEC. 4. COMPOSITION OF COMMISSION.

    (a) Membership.--
            (1) Total membership.--The Agreement should provide for the 
        Commission to be composed of 20 members, of which 10 members 
        are appointed by the President and 10 members are appointed by 
        the Government of Canada.
            (2) General qualifications.--The Agreement should provide 
        for the membership of the Commission, to the maximum extent 
        practicable, to be representative of--
                    (A) the interests of the local communities 
                (including the governments of the communities), 
                aboriginal peoples, and businesses that would be 
                affected by the connection of the rail system in Alaska 
                to the North American continental rail system; and
                    (B) a broad range of expertise in areas of 
                knowledge that are relevant to the significant issues 
                to be considered by the Commission, including 
                economics, engineering, management of resources (such 
                as minerals and timber), social sciences, fish and game 
                management, environmental sciences, and transportation.
    (b) United States Membership.--If the United States and Canada 
enter into an agreement providing for the establishment of the 
Commission, the President shall appoint the United States members of 
the Commission as follows:
            (1) Two members from among persons who are qualified to 
        represent the interests of communities and local governments of 
        Alaska.
            (2) One member representing the State of Alaska, to be 
        nominated by the Governor of Alaska.
            (3) One member from among persons who are qualified to 
        represent the interests of Native Alaskans residing in the area 
        of Alaska that would be affected by the extension of rail 
        service.
            (4) Three members from among persons involved in commercial 
        activities in Alaska who are qualified to represent commercial 
        interests in Alaska, of which one shall be a representative of 
        the Alaska Railroad Corporation.
            (5) Three members with relevant expertise, at least one of 
        whom shall be an engineer with expertise in subarctic 
        transportation.
    (c) Canadian Membership.--The Agreement should provide for the 
Canadian membership of the Commission to be representative of broad 
categories of interests of Canada as the Government of Canada 
determines appropriate, consistent with subsection (a)(2).

SEC. 5. GOVERNANCE AND STAFFING OF COMMISSION.

    (a) Chairman.--The Agreement should provide for the Chairman of the 
Commission to be elected from among the members of the Commission by a 
majority vote of the members.
    (b) Compensation and Expenses of United States Members.--
            (1) Compensation.--Each member of the Commission appointed 
        by the President who is not an officer or employee of the 
        Federal Government shall be compensated at a rate equal to the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level IV of the Executive Schedule under section 5315 of title 
        5, United States Code, for each day (including travel time) 
        during which such member is engaged in the performance of the 
        duties of the Commission. Each such member who is an officer or 
        employee of the United States shall serve without compensation 
        in addition to that received for services as an officer or 
        employee of the United States.
            (2) Travel expenses.--The members of the Commission 
        appointed by the President shall be allowed travel expenses, 
        including per diem in lieu of subsistence, at rates authorized 
        for employees of agencies under subchapter I of chapter 57 of 
        title 5, United States Code, while away from their homes or 
        regular places of business in the performance of services for 
        the Commission.
    (c) Staff.--
            (1) In general.--The Agreement should provide for the 
        appointment of a staff and an executive director to be the head 
        of the staff.
            (2) Compensation.--Funds made available for the Commission 
        by the United States may be used to pay the compensation of the 
        executive director and other personnel at rates fixed by the 
        Commission that are not in excess of the rate payable for level 
        V of the Executive Schedule under section 5316 of title 5, 
        United States Code.
    (d) Office.--The Agreement should provide for the office of the 
Commission to be located in a mutually agreed location within the 
impacted areas of Alaska, the Yukon Territory, and northern British 
Columbia.
    (e) Meetings.--The Agreement should provide for the Commission to 
meet at least biannually to review progress and to provide guidance to 
staff and others, and to hold, in locations within the affected areas 
of Alaska, the Yukon Territory and northern British Columbia, such 
additional informational or public meetings as the Commission deems 
necessary to the conduct of its business.
    (f) Procurement of Services.--The Agreement should authorize and 
encourage the Commission to procure by contract, to the maximum extent 
practicable, the services (including any temporary and intermittent 
services) that the Commission determines necessary for carrying out the 
duties of the Commission. In the case of any contract for the services 
of an individual, funds made available for the Commission by the United 
States may not be used to pay for the services of the individual at a 
rate that exceeds the daily equivalent of the annual rate of basic pay 
prescribed for level V of the Executive Schedule under section 5316 of 
title 5, United States Code.

SEC. 6. DUTIES.

    (a) Study.--
            (1) In general.--The Agreement should provide for the 
        Commission to study and assess, on the basis of all available 
        relevant information, the feasibility and advisability of 
        linking the rail system in Alaska to the North American 
        continental rail system through the continuation of the rail 
        system in Alaska from its northeastern terminus to a connection 
        with the continental rail system in Canada.
            (2) Specific issues.--The Agreement should provide for the 
        study and assessment to include the consideration of the 
        following issues:
                    (A) Railroad engineering.
                    (B) Land ownership.
                    (C) Geology.
                    (D) Proximity to mineral, timber, tourist, and 
                other resources.
                    (E) Market outlook.
                    (F) Environmental considerations.
                    (G) Social effects, including changes in the use or 
                availability of natural resources.
                    (H) Potential financing mechanisms.
            (3) Route.--The Agreement should provide for the 
        Commission, upon finding that it is feasible and advisable to 
        link the rail system in Alaska as described in paragraph (1), 
        to determine one or more recommended routes for the rail 
        segment that establishes the linkage, taking into consideration 
        cost, distance, access to potential freight markets, 
        environmental matters, and such other factors as the Commission 
        determines relevant.
            (4) Combined corridor evaluation.--The Agreement should 
        also provide for the Commission to consider whether it would be 
        feasible and advisable to combine the power transmission 
        infrastructure and petroleum product pipelines of other 
        utilities into one corridor with a rail extension of the rail 
        system of Alaska.
    (b) Report.--The Agreement should require the Commission to submit 
to Congress and the Secretary of Transportation and to the Minister of 
Transport of the Government of Canada, not later than 3 years after the 
Commission commencement date, a report on the results of the study, 
including the Commission's findings regarding the feasibility and 
advisability of linking the rail system in Alaska as described in 
subsection (a)(1) and the Commission's recommendations regarding the 
preferred route and any alternative routes for the rail segment 
establishing the linkage.

SEC. 7. COMMENCEMENT AND TERMINATION OF COMMISSION.

    (a) Commencement.--The Agreement should provide for the Commission 
to begin to function on the date on which all members are appointed to 
the Commission as provided for in the Agreement.
    (b) Termination.--The Commission should be terminated 90 days after 
the date on which the Commission submits its report under section 6.

SEC. 8. FUNDING.

    (a) Rails to Resources Fund.--The Agreement should provide for the 
following:
            (1) Establishment.--The establishment of an interest-
        bearing account to be known as the ``Rails to Resources Fund''.
            (2) Contributions.--The contribution by the United States 
        and the Government of Canada to the Fund of amounts that are 
        sufficient for the Commission to carry out its duties.
            (3) Availability.--The availability of amounts in the Fund 
        to pay the costs of Commission activities.
            (4) Dissolution.--Dissolution of the Fund upon the 
        termination of the Commission and distribution of the amounts 
        remaining in the Fund between the United States and the 
        Government of Canada.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to any fund established as described in subsection (a)(1) 
$6,000,000, to remain available until expended.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means an agreement 
        described in section 2.
            (2) Commission.--The term ``Commission'' means a commission 
        established pursuant to any Agreement.

            Passed the Senate October 13 (legislative day, September 
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2253

_______________________________________________________________________

                                 AN ACT

    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.
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