I
106TH CONGRESS
2D SESSION
H. R. 4507
To designate the Surface Transportation Board as a forum for resolution
of disagreements between mass transportation authorities and freight
railroads regarding access to freight track and rights-of-way for fixed
guideway transportation in consideration for just and reasonable com-
pensation to freight railroads.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 2000
Mr. CLEMENT (for himself, Mr. MICA, Mrs. TAUSCHER, Mr. REGULA, and Mr.
BLUMENAUER) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To designate the Surface Transportation Board as a forum
for resolution of disagreements between mass transpor-
tation authorities and freight railroads regarding access
to freight track and rights-of-way for fixed guideway
transportation in consideration for just and reasonable
compensation to freight railroads.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Transit Rail Access
Improvement and Needs Act for the 21st Century’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) modern and efficient fixed guideway trans-
portation is important to the viability and well being
of metropolitan areas and to the energy conservation
and self-sufficiency goals of the United States;
(2) public convenience and necessity require the
development of fixed guideway transportation sys-
tems in metropolitan areas presently without such
service, and the expansion of existing systems in
metropolitan areas already receiving such service;
(3) use of existing railroad trackage and rights-
of-way in and around metropolitan areas provides a
unique and valuable opportunity for the development
and expansion of fixed guideway transportation fa-
cilities with a minimum of disruption to the environ-
ment and the surrounding community; and
(4) voluntary negotiations between mass trans-
portation authorities and rail carriers regarding
shared use of existing railroad trackage and rights-
of-way have not been adequate to ensure the devel-
opment of sound and efficient fixed guideway trans-
portation systems.
SEC. 3. RAIL TRANSIT ACCESS.
(a) AMENDMENT.—Part E of subtitle V of title 49,
United States Code, is amended by adding at the end the
following new chapter:
‘‘CHAPTER 285—RAIL TRANSIT ACCESS
‘‘Sec.
‘‘28501. Definitions.
‘‘28502. Shared use of rail carrier trackage by mass transportation authorities.
‘‘28503. Shared use of rail rights-of-way by mass transportation authorities.
‘‘28504. Applicability of other laws.
‘‘28505. Standards for Board action.
‘‘§ 28501. Definitions
‘‘In this chapter—
‘‘(1) ‘Board’ means the Surface Transportation
Board;
‘‘(2) ‘fixed guideway transportation’ means
mass 
transportation 
(as 
defined 
in 
section
5302(a)(7)) provided on, by, or using a fixed guide-
way (as defined in section 5302(a)(4));
‘‘(3) ‘mass transportation authority’ means a
local governmental authority (as defined in section
5302(a)(6)) established to provide, or make a con-
tract providing for, fixed guideway transportation;
‘‘(4) ‘rail carrier’ means a person providing
common carrier railroad transportation for com-
pensation subject to the jurisdiction of the Board
under chapter 105;
‘‘(5) ‘segregated fixed guideway facility’ means
a fixed guideway facility constructed within the rail-
road right-of-way of a rail carrier but physically sep-
arate from trackage, including relocated trackage,
within the right-of-way used by a rail carrier for
freight transportation purposes; and
‘‘(6) ‘trackage’ means a railroad line of a rail
carrier, including a spur, industrial, team, switching,
side, yard, or station track, and a facility of a rail
carrier.
‘‘§ 28502. Shared use of rail carrier trackage by mass
transportation authorities
‘‘(a) AUTHORITY.—If, after negotiation, a mass
transportation authority cannot reach agreement with a
rail carrier to use trackage of, and have related services
provided by, the rail carrier for purposes of fixed guideway
transportation, the Board shall, upon application of the
mass transportation authority or the rail carrier, and if
the Board finds it necessary or useful to carry out this
chapter—
‘‘(1) order that the trackage be made available
and the related services be provided to the mass
transportation authority; and
‘‘(2) prescribe reasonable terms and compensa-
tion for use of the trackage and provision of the re-
lated services, based upon the rail carrier’s incre-
mental cost of providing such trackage and services.
‘‘(b) QUALITY OF SERVICE.—When prescribing rea-
sonable compensation under subsection (a)(2), the Board
shall consider quality of service as a major factor when
determining whether, and the extent to which, the amount
of compensation shall be greater than the incremental
costs of using the trackage and providing the related serv-
ices.
‘‘(c) TERMS OF OPERATION.—When prescribing rea-
sonable terms under subsection (a)(2), the Board may pre-
scribe the number of trains that may be operated by or
for the mass transportation authority, the speeds at which
such trains may be operated, and the trackage mainte-
nance levels to be provided by the rail carrier.
‘‘(d) ADDITIONAL TRAINS.—When a rail carrier and
a mass transportation authority cannot agree to terms for
the operation of additional trains by or for a mass trans-
portation authority over a rail line of the carrier, the mass
transportation authority or the rail carrier may apply to
the Board for an order establishing such terms. If the
Board finds it reasonable to carry out this chapter, the
Board shall order the rail carrier to allow operation of the
requested additional trains on such terms as the Board
finds reasonable under the circumstances.
‘‘(e) TRACKAGE MAINTENANCE.—If a mass transpor-
tation authority believes that maintenance on trackage op-
erated by or for the mass transportation authority has
fallen below a safe or necessary level, the mass transpor-
tation authority may, after notice to the rail carrier and
a sufficient period for maintenance improvements, apply
to the Board for an order requiring the rail carrier to pro-
vide increased or improved maintenance on the trackage.
If the Board finds it reasonable to carry out this part,
the Board shall order the rail carrier to provide such in-
creased or improved maintenance as the Board finds rea-
sonable under the circumstances. The remedy available
under this subsection shall be in addition to any contract
rights that a mass transportation authority may possess
with respect to trackage maintenance.
‘‘(f) ACCELERATED SPEEDS.—If a rail carrier re-
fuses to allow accelerated speeds for trains operated by
or for a mass transportation authority, the mass transpor-
tation authority may apply to the Board for an order re-
quiring the rail carrier to allow the accelerated speeds and
related improvements. The Board shall decide whether ac-
celerated speeds are unsafe or impracticable and which im-
provements would be required to make accelerated speeds
safe and practicable. The Board shall establish the max-
imum allowable speeds for trains operated by or for a
mass transportation authority on terms the Board decides
are reasonable.
‘‘(g) PREFERENCE
OVER
FREIGHT
TRANSPOR-
TATION.—Except in an emergency, fixed guideway trans-
portation provided by or for a mass transportation author-
ity pursuant to an order issued under subsection (a) has
preference over freight transportation in using a rail line,
junction, or crossing unless the Board orders otherwise
under this chapter. A rail carrier affected by this sub-
section may apply to the Board for relief. If the Board
decides that preference for fixed guideway transportation
materially will lessen the quality of freight transportation
provided to shippers, the Board shall establish the rights
of the rail carrier and the mass transportation authority
on reasonable terms.
‘‘(h) FINAL
DETERMINATION.—The Board shall
make a determination under this section not later than
120 days after a mass transportation authority or a rail
carrier submits an application to the Board.
‘‘§ 28503. Shared use of rail rights-of-way by mass
transportation authorities
‘‘(a) GENERAL AUTHORITY.—If, after negotiation, a
mass transportation authority cannot reach agreement
with a rail carrier to acquire an interest in a railroad
right-of-way for the construction and operation of a seg-
regated fixed guideway facility, the mass transportation
authority may apply to the Board for an order requiring
the rail carrier to convey an interest to the authority. The
Board, not later than 120 days after receiving the applica-
tion, shall order the interest conveyed if—
‘‘(1) conveyance will not impair significantly the
efficient handling of rail freight traffic;
‘‘(2) the mass transportation authority assumes
all reasonable costs associated with any necessary
relocation of a rail carrier’s trackage within the
right-of-way; and
‘‘(3) the fixed guideway transportation purpose
of the proposed segregated fixed guideway facility
cannot be met adequately by acquiring an interest in
other property.
‘‘(b) COMPENSATION AND TERMS.—A conveyance or-
dered by the Board under this section shall be subject to
the payment of just compensation and to such other rea-
sonable terms as the Board may prescribe.
‘‘§ 28504. Applicability of other laws
‘‘(a) BOARD REVIEW OR APPROVAL.—Operations or
conveyances undertaken pursuant to an order issued
under section 28502 or 28503 are not subject to Board
review or approval under subtitle IV of this title.
‘‘(b) CONTRACTUAL OBLIGATIONS
FOR CLAIMS.—
Nothing in this chapter shall be construed to limit a rail
transportation provider’s right under section 28103(b) to
enter into contracts that allocate financial responsibility
for claims.
‘‘§ 28505. Standards for Board action
‘‘In proceedings under sections 28502 and 28503 the
Board shall utilize, to the extent relevant and feasible, the
principles, standards, and precedents utilized in pro-
ceedings under sections 24308 and 24311(c) involving the
National Railroad Passenger Corporation.’’.
(b) CONFORMING AMENDMENTS.—
(1) LIMITATIONS ON RAIL PASSENGER TRANS-
PORTATION
LIABILITY.—Section 28103(a) of title
49, United States Code, is amended by inserting ‘‘or
other fixed guideway transportation’’ after ‘‘com-
muter’’.
(2) TABLE OF CHAPTERS.—The table of chap-
ters of subtitle V of title 49, United States Code, is
amended by adding after the item relating to chap-
ter 283 the following new item:
‘‘285. RAIL TRANSIT ACCESS ...............................................
28501’’.
Æ