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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.
A:
Provides for the establishment of the Rails to Resources Fund to pay for the costs of commission activities.
Authorizes appropriations.