II

Calendar No. 718

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

JULY 26, 2000

Reported by Mr. HELMS, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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’’.
2

S 2253 RS

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) rail transportation is an essential compo4 nent of the North American intermodal transpor5 tation system;

6 (2) the development of economically strong and

7 socially stable communities in the western United

8 States and Canada was encouraged significantly by

9 government policies promoting the development of

10 integrated transcontinental, interstate and inter11 provincial rail systems in the states, territories and

12 provinces of the two countries;

13 (3) United States and Canadian federal support

14 for the completion of new elements of the trans15 continental, interstate and interprovincial rail sys16 tems was halted before rail connections were estab17 lished to the state of Alaska and the Yukon Terri18 tory;

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

20 Yukon Territory and northern British Columbia, in21 cluding lands held by aboriginal peoples, contain ex22 tensive deposits of oil, gas, coal and other minerals

23 as well as valuable forest products which presently

24 are inaccessible, but which could provide significant

25 economic benefit to local communities and to both
3

S 2253 RS

1 nations if an economically efficient transportation

2 system was available;

3 (5) per ton of freight moved, rail transportation

4 systems emit lower levels of carbon monoxide, nitro5 gen oxides and volatile organic compounds than

6 other modes of freight transportation;

7 (6) rail transportation systems are capable of

8 moving cargo with up to nine times the energy effi9 ciency of highway transportation;

10 (7) rail transportation in otherwise isolated

11 areas facilitates controlled access and reduced over12 all impact to environmentally sensitive areas;

13 (8) the extension of the continental rail system

14 through northern British Columbia and the Yukon

15 Territory to the current terminus of the Alaska Rail16 road would significantly benefit the U.S. and Cana17 dian visitor industries by facilitating the comfortable

18 movement of passengers over long distances while

19 minimizing effects on the surrounding areas;

20 (9) extension of the Alaska Railroad system to

21 the Canadian border is consistent with the intent of

22 Congress as expressed in the Alaska Railroad Or23 ganic Act of 1914, which called for a system of up

24 to 1,000 miles in length; and
4

S 2253 RS

1 (10) ongoing research and development efforts

2 in the rail industry continue to increase the effi3 ciency of rail transportation, ensure safety, and de4 crease the impact of rail service on the environment.

5 SEC. 3. AGREEMENT FOR A UNITED STATES-CANADA BILAT6 ERAL COMMISSION.

7 The President is authorized and urged to enter into

8 an agreement with the government of Canada to establish

9 a joint commission to study the technological and eco10 nomic feasibility of linking the rail system in Alaska to

11 the nearest appropriate point on the North American con12 tinental rail system.

13 SEC. 4. COMPOSITION OF COMMISSION.

14 (a) MEMBERSHIP.—

15 (1) TOTAL MEMBERSHIP.—The Agreement

16 should provide for the Commission to be composed

17 of 18 members, of which 9 members are appointed

18 by the President and 9 members are appointed by

19 the government of Canada.

20 (2) GENERAL QUALIFICATIONS.—The Agree21 ment should provide for the membership of the Com22 mission, to the maximum extent practicable, to be

23 representative of—

24 (A) the interests of the local communities

25 (including the governments of the commu-
5

S 2253 RS

1 nities), aboriginal peoples, and businesses that

2 would be affected by the connection of the rail

3 system in Alaska to the North American conti4 nental rail system; and

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

6 knowledge that are relevant to the significant

7 issues to be considered by the Commission, in8 cluding economics, engineering, management of

9 resources (such as minerals and timber), social

10 sciences, fish and game management, environ11 mental sciences, and transportation.

12 (b) UNITED STATES MEMBERSHIP.—Under the

13 Agreement, the President shall appoint the United States

14 members of the Commission as follows:

15 (1) Two members from among persons who are

16 qualified to represent the interests of communities

17 and local governments of Alaska.

18 (2) One member representing the State of Alas19 ka, to be nominated by the Governor of Alaska.

20 (3) One member from among persons who are

21 qualified to represent the interests of Native Alas22 kans residing in the area of Alaska that would be af23 fected by the extension of rail service.

24 (4) Four members from among persons involved

25 in commercial activities in Alaska who are qualified
6

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1 to represent commercial interests in Alaska, of which

2 one shall be a representative of the Alaska Railroad

3 Corporation.

4 (5) Two members from among scholars em5 ployed in institutions of higher education in Alaska,

6 at least one of whom must be an engineer with ex7 pertise in subarctic transportation.

8 (c) CANADIAN MEMBERSHIP.—The Agreement

9 should provide for the Canadian membership of the Com10 mission to be representative of broad categories of inter11 ests of Canada as the government of Canada determines

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

13 SEC. 5. GOVERNANCE AND STAFFING OF COMMISSION

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

15 the Chairman of the Commission to be elected from among

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

17 members.

18 (b) COMPENSATION AND EXPENSES OF UNITED

19 STATES MEMBERS.—

20 (1) COMPENSATION.—Each member of the

21 Commission appointed by the President who is not

22 an officer or employee of the Federal Government

23 shall be compensated at a rate equal to the daily

24 equivalent of the annual rate of basic pay prescribed

25 for level IV of the Executive Schedule under section
7

S 2253 RS

1 5315 of title 5, United States Code, for each day

2 (including travel time) during which such member is

3 engaged in the performance of the duties of the

4 Commission. Each such member who is an officer or

5 employee of the United States shall serve without

6 compensation in addition to that received for serv7 ices as an officer or employee of the United States.

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

9 Commission appointed by the President shall be al10 lowed travel expenses, including per diem in lieu of

11 subsistence, at rates authorized for employees of

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

13 United States Code, while away from their homes or

14 regular places of business in the performance of

15 services for the Commission.

16 (c) STAFF.—

17 (1) IN GENERAL.—The Agreement should pro18 vide for the appointment of a staff and an executive

19 director to be the head of the staff.

20 (2) COMPENSATION.—Funds made available for

21 the Commission by the United States may be used

22 to pay the compensation of the executive director

23 and other personnel at rates fixed by the Commis24 sion that are not in excess of the rate payable for
8

S 2253 RS

1 level V of the Executive Schedule under section 5316

2 of title 5, United States Code.

3 (d) OFFICE.—The Agreement should provide for the

4 office of the Commission to be located in a mutually

5 agreed location within the impacted areas of Alaska, the

6 Yukon Territory, and northern British Columbia.

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

8 the Commission to meet at least biannually to review

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

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

11 the Yukon Territory and northern British Columbia, such

12 additional informational or public meetings as the Com13 mission deems necessary to the conduct of its business.

14 (f) PROCUREMENT OF SERVICES.—The Agreement

15 should authorize and encourage the Commission to pro16 cure by contract, to the maximum extent practicable, the

17 services (including any temporary and intermittent serv18 ices) that the Commission determines necessary for car19 rying out the duties of the Commission. In the case of

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

21 available for the Commission by the United States may

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

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

24 of basic pay prescribed for level V of the Executive Sched25 ule under section 5316 of title 5, United States Code.
9

S 2253 RS

1 SEC. 6. DUTIES.

2 (a) STUDY.—

3 (1) IN GENERAL.—The Agreement should pro4 vide for the Commission to study and assess, on the

5 basis of all available relevant information, the tech6 nological and economic feasibility of linking the rail

7 system in Alaska to the North American continental

8 rail system through the continuation of the rail sys9 tem in Alaska from its northeastern terminus to a

10 connection with the continental rail system in Can11 ada.

12 (2) SPECIFIC ISSUES.—The Agreement should

13 provide for the study and assessment to include the

14 consideration of the following issues:

15 (A) Railroad engineering.

16 (B) Land ownership.

17 (C) Geology.

18 (D) Proximity to mineral, timber and other

19 resources.

20 (E) Market outlook.

21 (F) Environmental considerations.

22 (G) Social effects, including changes in the

23 use or availability of natural resources.

24 (H) Potential financing mechanisms.

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

26 the Commission, upon finding that it is techno-
10

S 2253 RS

1 logically and economically feasible to link the rail

2 system in Alaska as described in paragraph (1), to

3 determine one or more recommended routes for the

4 rail segment that establishes the linkage, taking into

5 consideration cost, distance, access to potential

6 freight markets, environmental matters, and such

7 other factors as the Commission determines relevant.

8 (4) COMBINED CORRIDOR EVALUATION.—The

9 Agreement should also provide for the Commission

10 to consider whether it would be useful and techno11 logically and economically feasible to combine the

12 power transmission infrastructure and petroleum

13 product pipelines of other utilities into one corridor

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

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

16 Commission to submit to Congress and the Secretary of

17 Transportation and to the Minister of Transport of the

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

19 Commission commencement date, a report on the results

20 of the study, including the following:

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

22 regarding the technological and economical feasi23 bility of linking the rail system in Alaska as de24 scribed in subsection (a)(1).
11

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

2 technologically and economically feasible, the Com3 mission’s recommendations regarding the preferred

4 route and any alternative routes for the rail segment

5 establishing the linkage.

6 SEC. 7. COMMENCEMENT AND TERMINATION OF COMMIS7 SION.

8 (a) COMMENCEMENT.—The Agreement should pro9 vide for the Commission to begin to function on the date

10 on which all members are appointed to the Commission

11 as provided for in the Agreement.

12 (b) TERMINATION.—The Commission shall terminate

13 90 days after the date on which the Commission submits

14 its report under section 6.

15 SEC. 8. FUNDING.

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

17 should provide for the following:

18 (1) ESTABLISHMENT.—The establishment of an

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

20 to Resources Fund’’.

21 (2) CONTRIBUTIONS.—The contribution by the

22 United States and the government of Canada to the

23 Fund of amounts that are sufficient for the Commis24 sion to carry out its duties.
12

S 2253 RS

1 (3) AVAILABILITY.—The availability of amounts

2 in the Fund to pay the costs of Commission activi3 ties.

4 (4) DISSOLUTION.—Dissolution of the Fund

5 upon the termination of the Commission and dis6 tribution of the amounts in the Fund between the

7 United States and the government of Canada.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds

9 are hereby authorized to be appropriated to any Fund es10 tablished as described in subsection (a)(1) in the total

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

12 SEC. 9. DEFINITIONS.

13 In this section:

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

15 means an agreement described in section 2.

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

17 means a commission established pursuant to any

18 Agreement.

19 (3) COMMISSION COMMENCEMENT DATE.—The

20 date determined under section 6(a).

21 SECTION 1. SHORT TITLE.

22 This Act may be cited as the ‘‘Rails to Resources Act

23 of 2000’’.

24 SEC. 2. FINDINGS.

25 Congress finds that—
13

S 2253 RS

1 (1) rail transportation is an essential component

2 of the North American intermodal transportation sys3 tem;

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 in8 tegrated transcontinental, interstate and interprovin9 cial rail systems in the states, territories and prov10 inces 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 Territory;

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

17 Yukon Territory and northern British Columbia, in18 cluding lands held by aboriginal peoples, contain ex19 tensive deposits of oil, gas, coal and other minerals as

20 well as valuable forest products which presently are

21 inaccessible, but which could provide significant eco22 nomic benefit to local communities and to both na23 tions if an economically efficient transportation sys24 tem was available;
14

S 2253 RS

1 (5) rail transportation in otherwise isolated

2 areas facilitates controlled access and reduced overall

3 impact to environmentally sensitive areas;

4 (6) the extension of the continental rail system

5 through northern British Columbia and the Yukon

6 Territory to the current terminus of the Alaska Rail7 road would significantly benefit the U.S. and Cana8 dian visitor industries by facilitating the comfortable

9 movement of passengers over long distances while

10 minimizing effects on the surrounding areas; and

11 (7) ongoing research and development efforts in

12 the rail industry continue to increase the efficiency of

13 rail transportation, ensure safety, and decrease the

14 impact of rail service on the environment.

15 SEC. 3. AGREEMENT FOR A UNITED STATES-CANADA BILAT16 ERAL COMMISSION.

17 The President is authorized and urged to enter into

18 an agreement with the Government of Canada to establish

19 a joint commission to study the feasibility and advisability

20 of linking the rail system in Alaska to the nearest appro21 priate point on the North American continental rail system.

22 SEC. 4. COMPOSITION OF COMMISSION.

23 (a) MEMBERSHIP.—

24 (1) TOTAL MEMBERSHIP.—The Agreement should

25 provide for the Commission to be composed of 20
15

S 2253 RS

1 members, of which 10 members are appointed by the

2 President and 10 members are appointed by the Gov3 ernment of Canada.

4 (2) GENERAL QUALIFICATIONS.—The Agreement

5 should provide for the membership of the Commission,

6 to the maximum extent practicable, to be representa7 tive of—

8 (A) the interests of the local communities

9 (including the governments of the communities),

10 aboriginal peoples, and businesses that would be

11 affected by the connection of the rail system in

12 Alaska to the North American continental rail

13 system; and

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

15 knowledge that are relevant to the significant

16 issues to be considered by the Commission, in17 cluding economics, engineering, management of

18 resources (such as minerals and timber), social

19 sciences, fish and game management, environ20 mental sciences, and transportation.

21 (b) UNITED STATES MEMBERSHIP.—If the United

22 States and Canada enter into an agreement providing for

23 the establishment of the Commission, the President shall ap24 point the United States members of the Commission as fol25 lows:
16

S 2253 RS

1 (1) Two members from among persons who are

2 qualified to represent the interests of communities

3 and local governments of Alaska.

4 (2) One member representing the State of Alaska,

5 to be nominated by the Governor of Alaska.

6 (3) One member from among persons who are

7 qualified to represent the interests of Native Alaskans

8 residing in the area of Alaska that would be affected

9 by the extension of rail service.

10 (4) Three members from among persons involved

11 in commercial activities in Alaska who are qualified

12 to represent commercial interests in Alaska, of which

13 one shall be a representative of the Alaska Railroad

14 Corporation.

15 (5) Three members with relevant expertise, at

16 least one of whom shall be an engineer with expertise

17 in subarctic transportation.

18 (c) CANADIAN MEMBERSHIP.—The Agreement should

19 provide for the Canadian membership of the Commission

20 to be representative of broad categories of interests of Can21 ada as the Government of Canada determines appropriate,

22 consistent with subsection (a)(2).

23 SEC. 5. GOVERNANCE AND STAFFING OF COMMISSION.

24 (a) CHAIRMAN.—The Agreement should provide for the

25 Chairman of the Commission to be elected from among the
17

S 2253 RS

1 members of the Commission by a majority vote of the mem2 bers.

3 (b) COMPENSATION AND EXPENSES OF UNITED

4 STATES MEMBERS.—

5 (1) COMPENSATION.—Each member of the Com6 mission appointed by the President who is not an of7 ficer or employee of the Federal Government shall be

8 compensated at a rate equal to the daily equivalent

9 of the annual rate of basic pay prescribed for level IV

10 of the Executive Schedule under section 5315 of title

11 5, United States Code, for each day (including travel

12 time) during which such member is engaged in the

13 performance of the duties of the Commission. Each

14 such member who is an officer or employee of the

15 United States shall serve without compensation in ad16 dition to that received for services as an officer or em17 ployee of the United States.

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

19 Commission appointed by the President shall be al20 lowed travel expenses, including per diem in lieu of

21 subsistence, at rates authorized for employees of agen22 cies under subchapter I of chapter 57 of title 5,

23 United States Code, while away from their homes or

24 regular places of business in the performance of serv25 ices for the Commission.
18

S 2253 RS

1 (c) STAFF.—

2 (1) IN GENERAL.—The Agreement should provide

3 for the appointment of a staff and an executive direc4 tor to be the head of the staff.

5 (2) COMPENSATION.—Funds made available for

6 the Commission by the United States may be used to

7 pay the compensation of the executive director and

8 other personnel at rates fixed by the Commission that

9 are not in excess of the rate payable for level V of the

10 Executive Schedule under section 5316 of title 5,

11 United States Code.

12 (d) OFFICE.—The Agreement should provide for the of13 fice of the Commission to be located in a mutually agreed

14 location within the impacted areas of Alaska, the Yukon

15 Territory, and northern British Columbia.

16 (e) MEETINGS.—The Agreement should provide for the

17 Commission to meet at least biannually to review progress

18 and to provide guidance to staff and others, and to hold,

19 in locations within the affected areas of Alaska, the Yukon

20 Territory and northern British Columbia, such additional

21 informational or public meetings as the Commission deems

22 necessary to the conduct of its business.

23 (f) PROCUREMENT OF SERVICES.—The Agreement

24 should authorize and encourage the Commission to procure

25 by contract, to the maximum extent practicable, the services
19

S 2253 RS

1 (including any temporary and intermittent services) that

2 the Commission determines necessary for carrying out the

3 duties of the Commission. In the case of any contract for

4 the services of an individual, funds made available for the

5 Commission by the United States may not be used to pay

6 for the services of the individual at a rate that exceeds the

7 daily equivalent of the annual rate of basic pay prescribed

8 for level V of the Executive Schedule under section 5316

9 of title 5, United States Code.

10 SEC. 6. DUTIES.

11 (a) STUDY.—

12 (1) IN GENERAL.—The Agreement should provide

13 for the Commission to study and assess, on the basis

14 of all available relevant information, the feasibility

15 and advisability of linking the rail system in Alaska

16 to the North American continental rail system

17 through the continuation of the rail system in Alaska

18 from its northeastern terminus to a connection with

19 the continental rail system in Canada.

20 (2) SPECIFIC ISSUES.—The Agreement should

21 provide for the study and assessment to include the

22 consideration of the following issues:

23 (A) Railroad engineering.

24 (B) Land ownership.

25 (C) Geology.
20

S 2253 RS

1 (D) Proximity to mineral, timber, tourist,

2 and other resources.

3 (E) Market outlook.

4 (F) Environmental considerations.

5 (G) Social effects, including changes in the

6 use or availability of natural resources.

7 (H) Potential financing mechanisms.

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

9 the Commission, upon finding that it is feasible and

10 advisable to link the rail system in Alaska as de11 scribed in paragraph (1), to determine one or more

12 recommended routes for the rail segment that estab13 lishes the linkage, taking into consideration cost, dis14 tance, access to potential freight markets, environ15 mental matters, and such other factors as the Com16 mission determines relevant.

17 (4) COMBINED CORRIDOR EVALUATION.—The

18 Agreement should also provide for the Commission to

19 consider whether it would be feasible and advisable to

20 combine the power transmission infrastructure and

21 petroleum product pipelines of other utilities into one

22 corridor with a rail extension of the rail system of

23 Alaska.

24 (b) REPORT.—The Agreement should require the Com25 mission to submit to Congress and the Secretary of Trans-
21

S 2253 RS

1 portation and to the Minister of Transport of the Govern2 ment of Canada, not later than 3 years after the Commis3 sion commencement date, a report on the results of the

4 study, including the Commission’s findings regarding the

5 feasibility and advisability of linking the rail system in

6 Alaska as described in subsection (a)(1) and the Commis7 sion’s recommendations regarding the preferred route and

8 any alternative routes for the rail segment establishing the

9 linkage.

10 SEC. 7. COMMENCEMENT AND TERMINATION OF COMMIS11 SION.

12 (a) COMMENCEMENT.—The Agreement should provide

13 for the Commission to begin to function on the date on

14 which all members are appointed to the Commission as pro15 vided for in the Agreement.

16 (b) TERMINATION.—The Commission should be termi17 nated 90 days after the date on which the Commission sub18 mits its report under section 6.

19 SEC. 8. FUNDING.

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

21 should provide for the following:

22 (1) ESTABLISHMENT.—The establishment of an

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

24 Resources Fund’’.
22

S 2253 RS

1 (2) CONTRIBUTIONS.—The contribution by the

2 United States and the Government of Canada to the

3 Fund of amounts that are sufficient for the Commis4 sion to carry out its duties.

5 (3) AVAILABILITY.—The availability of amounts

6 in the Fund to pay the costs of Commission activities.

7 (4) DISSOLUTION.—Dissolution of the Fund

8 upon the termination of the Commission and dis9 tribution of the amounts remaining in the Fund be10 tween the United States and the Government of Can11 ada.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated to any fund established as

14 described in subsection (a)(1) $6,000,000, to remain avail15 able until expended.

16 SEC. 9. DEFINITIONS.

17 In this Act:

18 (1) AGREEMENT.—The term ‘‘Agreement’’ means

19 an agreement described in section 2.

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

21 means a commission established pursuant to any

22 Agreement.

Calendar No. 718

106TH CONGRESS

2D SESSION S. 2253

A BILL

To authorize the establishment of a joint United

States-Canada commission to study the feasibility of connecting the rail system in Alaska tothe North American continental rail system; andfor other purposes.

JULY 26, 2000

Reported with an amendment