,,ii #aadth ,,congress #b;d ,session ,s4 #cbjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ac1 #bjaf ,ms4 ,murkowski 7for herself and ,mr4 ,sullivan7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to facilitate the transport of additional hydrocarbons to extend the life of the trans-,alaska oil pipeline1 to further ,american energy security1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,alaska ,rails for ,resources ,act of #bjaf or the ,,ar#d,,ra ,act of #bjaf4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to facilitate the transport of additional hydrocarbons to extend the life the trans-,alaska oil pipeline2 and 7#b7 to further the energy security of the ,united ,states4 #c4 ,definitions ,in this ,act3 7#a7 ,federal ,coordinator ,the term ,federal ,coordinator means the head of the ,office of the ,federal ,coordinator established by section #f4 7#b7 ,rails for ,resources project ,the term ,rails for ,resources project means the construction of either a single- or double-tracked railroad line that runs from-- 7,a7 a terminal in ,canada2 to 7,b7 a terminal near ,delta ,junction1 ,alaska or ,glennallen1 ,alaska4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,state ,the term ,state means the ,state of ,alaska4 #d4 ,authorization of railroad construction in ,alaska 7a7 ,certificate of public convenience and necessity 7#a7 ,in general ,subject to subsections 7b7 and 7c7 and section #ajija of title #di1 ,united ,states ,code1 the ,surface ,transportation ,board shall issue or deny a certificate to an applicant requesting authorization to complete the ,rails for ,resources project not later than #fj days after the date of issuance of the final environmental impact statement under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7#b7 ,modifications ,the certificate issued pursuant to paragraph 7#a7 may-- 7,a7 approve the application as filed or with modifications2 and 7,b7 require compliance with conditions 7other than labor protection conditions7 the ,board finds necessary in the public interest4 7b7 ,considerations ,in considering an application under subsection 7a71 the ,surface ,transportation ,board shall presume that-- 7#a7 a public need exists to construct and operate the proposed ,rails for ,resources project2 and 7#b7 sufficient downstream capacity will exist to transport the bitumen moving through the project to a termination processing site in ,alaska4 7c7 ,authorization ,to transport ,the railroad constructed by the ,rails for ,resources project shall be authorized to transport bitumen and other types of freight4 #e4 ,environmental reviews 7a7 ,compliance with ,,nepa ,the issuance of a certificate under section #d shall be treated as a major ,federal action significantly affecting the quality of the human environment within the meaning of section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7b7 ,designation of lead agency 7#a7 ,in general ,the ,surface ,transportation ,board shall be the lead agency for purposes of compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7c7 ,environmental impact statement 7#a7 ,in general ,the ,surface ,transportation ,board shall prepare the environmental impact statement or similar analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to the ,rails for ,resources project4 7#b7 ,environmental reviews by ,federal agencies ,in carrying out paragraph 7#a71 the ,surface ,transportation ,board shall incorporate in the environmental impact statement or similar analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 the environmental review of each ,federal agency that is considering an aspect of the construction and operation of the ,rails for ,resources project that is covered by the environmental impact statement or similar analysis for that project4 7#c7 ,cooperation with the ,surface ,transportation ,board ,the head of each ,federal agency referred to in paragraph 7#b7 shall-- 7,a7 cooperate with the ,surface ,transportation ,board2 and 7,b7 comply with any deadline established by the ,surface ,transportation ,board in the preparation of the environmental impact statement or similar analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#d7 ,satisfaction of ,,nepa requirements ,the head of each ,federal agency referred to in paragraph 7#b7 shall adopt the environmental impact statement or similar analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 prepared by the ,surface ,transportation ,board under paragraph 7#a7 in satisfaction of the responsibilities of the ,federal agency under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 with respect to the ,rails for ,resources project covered by the environmental impact statement or similar analysis4 7#e7 ,expedited process ,the ,surface ,transportation ,board shall-- 7,a7 not later than #a year after the date on which the ,surface ,transportation ,board determines that the application for a certificate of public convenience and necessity submitted under section #d is complete1 issue a draft environmental impact statement or similar analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 not later than #ahj days after the date on which the ,surface ,transportation ,board issues the draft environmental impact statement or similar analysis referred to in subparagraph 7,a71 issue a final environmental impact statement or similar analysis1 unless the ,surface ,transportation ,board1 for good cause1 determines that the ,surface ,transportation ,board requires additional time4 #f4 ,office of the ,federal ,coordinator 7a7 ,establishment ,there is established in the executive branch an independent office to be known as the ,office of the ,federal ,coordinator4 7b7 ,federal ,coordinator 7#a7 ,appointment ,the ,office of the ,federal ,coordinator shall be headed by a ,federal ,coordinator1 who shall be appointed by the ,president by and with the advice and consent of the ,senate4 7#b7 ,period of appointment ,the ,federal ,coordinator shall be appointed for the period that ends on the date that is #a year following the date on which the ,rails for ,resources project is completed4 7#c7 ,compensation ,the ,federal ,coordinator shall be compensated at the rate provided for level ,,iii of the ,executive ,schedule under section #ecad of title #e1 ,united ,states ,code4 7c7 ,duties 7#a7 ,in general ,the ,federal ,coordinator shall be responsible for-- 7,a7 coordinating the expeditious discharge of all activities by ,federal agencies with respect to the ,rails for ,resources project2 and 7,b7 ensuring the compliance of ,federal agencies with this ,act4 7#b7 ,limitation ,the ,federal ,coordinator may not-- 7,a7 override-- 7i7 the implementation or enforcement of regulations issued by the ,surface ,transportation ,board under section #d2 or 7ii7 an order by the ,surface ,transportation ,board to expand the project under that section2 or 7,b7 impose any term1 condition1 or requirement in addition to those terms1 conditions1 or requirements imposed by the ,surface ,transportation ,board or any agency with respect to the construction1 operation1 or expansion of the ,rails for ,resources project4 7d7 ,temporary authorities ,the authorities and duties of the ,federal ,coordinator under this section shall be vested in the ,secretary until the later of the date-- 7#a7 on which the ,federal ,coordinator is appointed under subsection 7b77#a72 or 7#b7 that is #ah months after the date of enactment of this ,act4 7e7 ,administration 7#a7 ,personnel appointments 7,a7 ,in general ,the ,federal ,coordinator may appoint and terminate such personnel as the ,federal ,coordinator determines to be appropriate4 7,b7 ,authority of ,federal ,coordinator ,personnel appointed by the ,federal ,coordinator under subparagraph 7,a7 shall be appointed without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7#b7 ,compensation 7,a7 ,in general ,subject to subparagraph 7,b71 personnel appointed by the ,federal ,coordinator under paragraph 7#a77;,a7 shall be paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code 7relating to classification and ,general ,schedule pay rates74 7,b7 ,maximum level of compensation ,the rate of pay for personnel appointed by the ,federal ,coordinator under paragraph 7#a77;,a7 shall not exceed the rate of basic pay payable for level ,,iii of the ,executive ,schedule under section #ecad of title #e1 ,united ,states ,code4 7,c7 ,allowances ,section #eida of title #e1 ,united ,states ,code1 shall apply to personnel appointed by the ,federal ,coordinator under paragraph 7#a77;,a74 7#c7 ,temporary services 7,a7 ,in general ,the ,federal ,coordinator may procure temporary and intermittent services in accordance with section #caji7;b7 of title #e1 ,united ,states ,code4 7,b7 ,maximum level of compensation ,the rate of pay for an individual employed on a temporary or intermittent basis under subparagraph 7,a7 shall not exceed the daily equivalent of the annual rate of basic pay payable for level ,,iii of the ,executive ,schedule under section #ecad of title #e1 ,united ,states ,code4 7f7 ,reviews and actions of other ,federal agencies 7#a7 ,expedited reviews and actions ,to the maximum extent practicable1 each applicable ,federal agency shall expedite all reviews conducted and actions taken by the ,federal agency with respect to the ,rails for ,resources project4 7#b7 ,prohibition of certain terms and conditions ,notwithstanding any other provision of law1 a ,federal agency may not include in any certificate1 right-of-way1 permit1 lease1 or other authorization issued with respect to the ,rails for ,resources project any term or condition that the ,federal ,coordinator determines would prevent or impair in any significant respect the expeditious construction1 operation1 or expansion of the ,rails for ,resources project4 7#c7 ,prohibition of certain actions ,except as required by ,federal law1 a ,federal agency shall not add to1 amend1 or abrogate any certificate1 right-of-way1 permit1 lease1 or other authorization issued with respect to the ,rails for ,resources project if the ,federal ,coordinator determines that the action would prevent or impair in any significant respect the expeditious construction1 operation1 or expansion of the ,rails for ,resources project4 7g7 ,state coordination 7#a7 ,in general ,the ,federal ,coordinator shall offer to enter into a joint surveillance and monitoring agreement with the ,governor of the ,state similar to the agreement in effect during construction of the trans-,alaska oil pipeline1 to be approved by the ,president1 for the purpose of monitoring the construction of the ,rails for ,resources project4 7#b7 ,primary responsibility ,the agreement entered into under paragraph 7#a7 shall provide that-- 7,a7 the ,federal ,government shall have primary surveillance and monitoring responsibility in areas in which the ,rails for ,resources project crosses ,federal land or private land2 and 7,b7 the ,state government shall have primary surveillance and monitoring responsibility in areas in which the ,rails for ,resources project crosses ,state land4 7h7 ,fees1 charges1 and commissions 7#a7 ,in general ,the ,federal ,coordinator may establish1 change1 and abolish reasonable filing1 license1 and service fees1 charges1 and commissions1 require deposits of payments1 and provide refunds in accordance with section #cjd of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agcd71 except that the authority provided to the ,secretary under that section shall be considered to be authority provided to ,federal ,coordinator for purposes of this section4 7#b7 ,authority of ,secretary ,nothing in subparagraph 7,a7 affects the authority of the ,secretary under section #cjd of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agcd74 7#c7 ,use of funds ,the ,federal ,coordinator may use1 without further appropriation1 the amounts collected under paragraph 7#a7 to carry out this section4 #g4 ,judicial review 7a7 ,exclusive jurisdiction ,except for review by the ,supreme ,court on writ of certiorari1 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have original and exclusive jurisdiction to determine-- 7#a7 the validity of any final order or action 7including a failure to act7 of any ,federal agency or officer under this ,act2 7#b7 the constitutionality of-- 7,a7 any provision of this ,act or 7,b7 any decision made or action taken under this ,act2 or 7#c7 the adequacy of any environmental impact statement prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to any action under this ,act4 7b7 ,deadline for filing claim ,a claim arising under this ,act shall be brought not later than #fj days after the date of the decision or action giving rise to the claim4 7c7 ,expedited consideration ,the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall set any action brought under subsection 7a7 for expedited consideration1 taking into account the national interest of enhancing national energy security by providing access to the significant oil and mineral reserves to be brought to market by the ,rails for ,resources project4 #h4 ,sense of the ,senate ,it is the sense of the ,senate that the ,president shall appoint members for the ,united ,states membership for the ,united ,states-,canada ,bilateral ,commission established under the ,rails to ,resources ,act of #bjjj 7#di ,u4,s4,c4 note prec4 #bhaja2 ,public ,law #ajf-egj7 to study the feasibility and advisability of linking the rail system in the ,state with the ,north ,american continental rail system4