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) the term ‘Board’ means the Surface
Transportation Board;
‘‘(2) the term ‘capital work’ means mainte-
nance, restoration, reconstruction, capacity enhance-
ment, or rehabilitation work on trackage that would
be treated, in accordance with generally accepted ac-
counting principles, as a capital item rather than an
expense;
‘‘(3) the term ‘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));
‘‘(4) the term ‘mass transportation authority’
means a local governmental authority (as defined in
section 5302(a)(6)) established to provide, or make
a contract providing for, fixed guideway transpor-
tation;
‘‘(5) the term ‘rail carrier’ means a person,
other than a governmental authority, providing com-
mon carrier railroad transportation for compensation
subject to the jurisdiction of the Board under chap-
ter 105;
‘‘(6) the term ‘segregated fixed guideway facil-
ity’ means a fixed guideway facility constructed
within the railroad right-of-way of a rail carrier but
physically separate from trackage, including relo-
cated trackage, within the right-of-way used by a
rail carrier for freight transportation purposes; and
‘‘(7) the term ‘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, including the performance of capital
work if the mass transportation authority has dem-
onstrated that such capital work is required for effi-
cient and reliable passenger operations on the track-
age to be used.
‘‘(b) STANDARD FOR COMPENSATION; QUALITY OF
SERVICE.—When prescribing reasonable compensation
under subsection (a)(2), the Board shall consider alter-
native cost allocation principles, including incremental cost
and fully allocated cost, under rules promulgated by the
Board within 6 months after the date of the enactment
of the Transit Rail Accommodation Improvement and
Needs Act for the 21st Century. The Board shall consider
quality of service by the rail carrier as a major factor when
determining compensation for the use of the trackage and
providing the related services.
‘‘(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 or related cap-
ital work of trackage operated by or for the mass transpor-
tation authority has fallen below a necessary level to main-
tain reliable service at speeds necessary to provide conven-
ient and efficient mass transportation service, the mass
transportation authority may, after notice to the rail car-
rier and a sufficient period for maintenance or related cap-
ital work improvements, apply to the Board for an order
requiring the rail carrier to provide increased or improved
maintenance or related capital work on the trackage. If
the Board finds it reasonable to carry out this part, the
Board shall order the rail carrier to provide such increased
or improved maintenance or related capital work as the
Board finds reasonable under the circumstances. The rem-
edy available under this subsection shall be in addition to
any contract rights that a mass transportation authority
may possess with respect to trackage maintenance or re-
lated capital work.
‘‘(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 capital work required to permit operation at the
accelerated speeds. The Board shall decide whether accel-
erated speeds are practicable and which capital work
would be required to make accelerated speeds practicable.
The Board shall establish the maximum allowable speeds
for trains operated by or for a mass transportation author-
ity 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) the mass transportation authority assumes
a reasonable allocation of costs associated with any